The Offered Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 35,000 Offered Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Offered Shares set forth opposite their names on Schedule A. The purchase price per Offered Share to be paid by the several Underwriters to the Company shall be $940 per share.
The Offered Shares. The Offered Shares to be issued and sold by the Company hereunder have been duly authorized by the Company and, when issued and delivered and paid for as provided herein, will be duly and validly issued, will be fully paid and nonassessable and will conform in all material respects to the descriptions thereof in the Registration Statement, the Pricing Disclosure Package and the Prospectus; and the issuance of the Offered Shares is not subject to any preemptive or similar rights.
The Offered Shares. Upon the terms herein set forth, (i) the Selling Stockholders agree to sell to the Underwriter, severally and not jointly, an aggregate of 5,000,000 Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriter agrees to purchase from and the Selling Stockholders the respective number of Shares set forth opposite its name on Schedule A. The purchase price per Share to be paid by the Underwriter to the Selling Stockholders shall be $46.70 per share.
The Offered Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the Underwriter an aggregate of 2,500,000 Offered Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriter agrees to purchase from the Company the Offered Shares. The purchase price per Offered Share to be paid by the Underwriter to the Company shall be $24.20 per share.
The Offered Shares. When issued in accordance with this Agreement and pursuant to the effective Prospectuses, and upon Prospectus Receipt of payment for the Offered Shares, the Offered Shares will have been duly and validly created and issued as fully paid and non-assessable shares in the capital of the Company.
The Offered Shares. On the basis of the representations, warranties, and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 2,333,334 Firm Offered Shares, and the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Offered Shares set forth opposite their names on Schedule A attached hereto. The purchase price per Firm Offered Share to be paid by the several Underwriters to the Company shall be $7.05 (the “Purchase Price”).
The Offered Shares. Upon the terms herein set forth, the Selling Stockholders agree to sell to the several Underwriters an aggregate of 9,047,741 Offered Shares, with each Selling Stockholder selling the number of Offered Shares set forth opposite such Selling Stockholder’s name on Schedule A. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Selling Stockholders the respective number of Offered Shares set forth opposite their names on Schedule B. The purchase price per Firm Share to be paid by the several Underwriters to the Selling Stockholders shall be $35.26 per share.
The Offered Shares. Upon the terms herein set forth, (i) the Selling Stockholders agree to sell to the several Underwriters, severally and not jointly, an aggregate of 10,000,000 Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from each Selling Stockholder the respective number of Shares set forth opposite its name on Schedule B. The purchase price per Share to be paid by the several Underwriters to the Selling Stockholders shall be $74.85 per share.
The Offered Shares. 3.1 The Offered Shares will be issued and registered as directed by the Agent in such name or names as the Agent shall instruct the Issuer in writing not less than two Business Days prior to the Closing Time.
The Offered Shares. The issuance of the Offered Shares will have been duly and validly authorized on or prior to the date indicated in the Offering Circular, and, when delivered and paid for in the manner contemplated by this Agreement and the terms of the Preemptive Rights will have been duly and validly issued and fully paid and non-assessable and will conform to the description of the Offered Shares contained in the Offering Circular; there are no restrictions on transfers of the Offered Shares pursuant to Swiss law or the Company's articles of association (Statuten) of the Company or otherwise, other than such as described in the Offering Circular; the shareholders of the Company have no further subscription, preemptive or other rights to acquire the Offer Shares other than those described in the Offering Circular; the shareholders meeting of May 17, 2002 has validly acted to authorize the Board of Directors of the Company to issue the Offered Shares and the respective resolution has not been challenged by a dissenting shareholder in court;
