Common Contracts
46 similar Underwriting Agreement contracts by Sequans Communications, Vitesse Semiconductor Corp, Ceragon Networks LTD, others
SEQUANS COMMUNICATIONS S.A. 6,666,667 American Depositary Shares Each Representing Four Ordinary Shares, Nominal Value €0.02 Per Share UNDERWRITING AGREEMENTUnderwriting Agreement • March 15th, 2022 • Sequans Communications • Semiconductors & related devices • New York
3,181,818 Shares* ULTRA CLEAN HOLDINGS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • April 13th, 2021 • Ultra Clean Holdings, Inc. • Semiconductors & related devices • New York
As Representative of the several Underwriters c/o Needham & Company, LLC 250 Park Avenue, 10th Floor New York, New York 10177 Ladies and Gentlemen:
1,000,000 Shares1 SHARPSPRING, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 17th, 2020 • SharpSpring, Inc. • Services-prepackaged software • New York
SharpSpring, Inc., a Delaware corporation (the “Company”), proposes to issue and sell 1,000,000 shares (the “Firm Shares”) of the Company’s common stock, par value $.001 per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representatives”). The stockholder of the Company named in Schedule II hereto (the “Selling Stockholder”) has agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 150,000 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
1,538,462 Shares Vicor Corporation Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 12th, 2020 • Vicor Corp • Electronic components, nec • New York
Vicor Corporation, a Delaware corporation (the “Company”), proposes to issue and sell 1,538,462 shares (the “Firm Shares”) of the Company’s common stock, $0.01 par value per share, to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 230,769 shares of common stock of the Company, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.” The shares of common stock and Class B common stock, each $0.01 par value per share, of the Company are hereinafter referred to as the “Common Stock.”
SEQUANS COMMUNICATIONS S.A. 4,854,369 American Depositary Shares Each Representing Four Ordinary Shares, Nominal Value €0.02 Per Share UNDERWRITING AGREEMENTUnderwriting Agreement • May 14th, 2020 • Sequans Communications • Semiconductors & related devices • New York
2,500,000 Shares* LANTRONIX, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 19th, 2018 • Lantronix Inc • Computer communications equipment • New York
5,714,286 Shares* RESONANT INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 23rd, 2018 • Resonant Inc • Semiconductors & related devices • New York
Resonant Inc., a Delaware corporation (the “Company”), proposes to issue and sell 5,714,286 shares (the “Firm Shares”) of the Company’s common stock, $0.001 par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 857,142 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
ULTRA CLEAN HOLDINGS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • February 2nd, 2018 • Ultra Clean Holdings, Inc. • Semiconductors & related devices • New York
Ultra Clean Holdings, Inc., a Delaware corporation (the “Company”), proposes to issue and sell 4,761,905 shares (the “Firm Shares”) of the Company’s common stock, $0.001 par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representatives”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 714,285 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
SEQUANS COMMUNICATIONS S.A. 12,500,000 American Depositary Shares Each Representing One Ordinary Share, Nominal Value €0.02 Per Share UNDERWRITING AGREEMENTUnderwriting Agreement • January 19th, 2018 • Sequans Communications • Semiconductors & related devices • New York
The Offered ADSs will be delivered by the Depositary (as defined below), against deposit of the underlying Ordinary Shares, pursuant to the Deposit Agreement dated as of April 14, 2011 (the “Deposit Agreement”) among the Company, The Bank of New York Mellon, as depositary (the “Depositary”), and the owners and holders from time to time of the ADSs issued thereunder.
SEQUANS COMMUNICATIONS S.A. 3,750,000 American Depositary Shares Each Representing One Ordinary Share, Nominal Value €0.02 Per Share UNDERWRITING AGREEMENTUnderwriting Agreement • June 16th, 2017 • Sequans Communications • Semiconductors & related devices • New York
The Offered ADSs will be delivered by the Depositary (as defined below), against deposit of the underlying Ordinary Shares, pursuant to the Deposit Agreement dated as of April 14, 2011 (the “Deposit Agreement”) among the Company, The Bank of New York Mellon, as depositary (the “Depositary”), and the owners and holders from time to time of the ADSs issued thereunder.
Upland Software, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 7th, 2017 • Upland Software, Inc. • Services-prepackaged software • New York
Upland Software, Inc., a Delaware corporation (the “Company”), proposes to issue and sell 1,860,465 shares (the “Firm Shares”) of the Company’s common stock, $0.0001 par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representatives”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 279,069 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
AXT, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 7th, 2017 • Axt Inc • Semiconductors & related devices • New York
AXT, Inc., a Delaware corporation (the “Company”), proposes to issue and sell 4,615,385 shares (the “Firm Shares”) of the Company’s common stock, $.001 par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 692,307 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
SEQUANS COMMUNICATIONS S.A. 15,151,520 American Depositary Shares Each Representing One Ordinary Share, Nominal Value €0.02 Per Share UNDERWRITING AGREEMENTUnderwriting Agreement • September 19th, 2016 • Sequans Communications • Semiconductors & related devices • New York
The Offered ADSs will be delivered by the Depositary (as defined below), against deposit of the underlying Ordinary Shares, pursuant to the Deposit Agreement dated as of April 14, 2011 (the “Deposit Agreement”) among the Company, The Bank of New York Mellon, as depositary (the “Depositary”), and the owners and holders from time to time of the ADSs issued thereunder.
1,233,333 Shares* Digimarc Corporation Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • August 5th, 2016 • Digimarc CORP • Services-computer integrated systems design • New York
Digimarc Corporation, an Oregon corporation (the “Company”), proposes to issue and sell 1,233,333 shares (the “Firm Shares”) of the Company’s common stock, $0.001 par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representatives”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 185,000 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
4,300,000 Firm Shares 450,000 Option Shares CAMTEK LTD. Ordinary Shares (NIS 0.01 par value) UNDERWRITING AGREEMENTUnderwriting Agreement • May 14th, 2015 • Camtek LTD • Optical instruments & lenses • New York
Camtek Ltd., a company organized under the laws of the State of Israel (the “Company”), proposes to issue and sell 4,300,000 shares (the “Firm Shares”) of the Company’s ordinary shares, NIS 0.01 par value per share (the “Ordinary Shares”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom Needham & Company, LLC is acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 450,000 Ordinary Shares, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
Shares* NeoPhotonics Corporation Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 13th, 2015 • Neophotonics Corp • Semiconductors & related devices • New York
NeoPhotonics Corporation, a Delaware corporation (the “Company”), proposes to issue and sell shares (the “Firm Shares”) of the Company’s Common Stock, $0.0025 par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
21,250,000 Firm Shares 3,187,500 Option Shares CERAGON NETWORKS LTD. Ordinary Shares (NIS 0.01 par value) UNDERWRITING AGREEMENTUnderwriting Agreement • July 31st, 2014 • Ceragon Networks LTD • Radio & tv broadcasting & communications equipment • New York
Ceragon Networks Ltd., a company organized under the laws of the State of Israel (the “Company”), proposes to issue and sell 21,250,000 shares (the “Firm Shares”) of the Company’s ordinary shares, NIS 0.01 par value per share (the “Ordinary Shares”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom Needham & Company, LLC and Oppenheimer & Co. Inc are acting representatives (the “Representatives”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 3,187,500 Ordinary Shares, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
7,462,675 Shares* VITESSE SEMICONDUCTOR CORPORATION Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 12th, 2014 • Vitesse Semiconductor Corp • Semiconductors & related devices • New York
Vitesse Semiconductor Corporation, a Delaware corporation (the “Company”), proposes to issue and sell 7,462,675 shares (the “Firm Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 1,119,401 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
4,000,000 Shares* PARAMETRIC SOUND CORPORATION Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • April 29th, 2014 • Parametric Sound Corp • Communications equipment, nec • New York
Parametric Sound Corporation, a Nevada corporation (the “Company”), proposes to issue and sell 4,000,000 shares (the “Firm Shares”) of the Company’s Common Stock, par value $0.001 per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 600,000 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
UNDERWRITING AGREEMENTUnderwriting Agreement • March 20th, 2014 • Radisys Corp • Computer peripheral equipment, nec • New York
Radisys Corporation, an Oregon corporation (the “Company”), proposes to issue and sell 5,700,000 shares (the “Firm Shares”) of the Company’s Common Stock, no par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom Needham & Company, LLC is acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 855,000 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
Flamel Technologies, S.A. 10,800,000 American Depositary Shares Each Representing One Ordinary Share, Nominal Value €0.12196 Per Share UNDERWRITING AGREEMENTUnderwriting Agreement • March 11th, 2014 • Flamel Technologies Sa • Pharmaceutical preparations • New York
The Offered ADSs will be delivered by the Depositary (as defined below), against deposit of the underlying Ordinary Shares, pursuant to the Deposit Agreement dated as of June 6, 1996, amended and restated as of August 10, 2001 and further amended and restated as of February 28, 2014 (the “Deposit Agreement”) among the Company, The Bank of New York Mellon, as depositary (the “Depositary”), and the owners and holders from time to time of the ADSs issued thereunder.
UNDERWRITING AGREEMENTUnderwriting Agreement • February 14th, 2014 • Mattson Technology Inc • Special industry machinery, nec • New York
SEQUANS COMMUNICATIONS S.A. 12,500,000 American Depositary Shares Each Representing One Ordinary Share, Nominal Value €0.02 Per Share UNDERWRITING AGREEMENTUnderwriting Agreement • November 25th, 2013 • Sequans Communications • Semiconductors & related devices • New York
The Offered ADSs will be delivered by the Depositary (as defined below), against deposit of the underlying Ordinary Shares, pursuant to the Deposit Agreement dated as of April 14, 2011 (the “Deposit Agreement”) among the Company, The Bank of New York Mellon, as depositary (the “Depositary”), and the owners and holders from time to time of the ADSs issued thereunder.
14,000,000 Firm Shares 1,600,000 Option Shares CERAGON NETWORKS LTD. Ordinary Shares (NIS 0.01 par value) UNDERWRITING AGREEMENTUnderwriting Agreement • November 21st, 2013 • Ceragon Networks LTD • Radio & tv broadcasting & communications equipment • New York
Ceragon Networks Ltd., a company organized under the laws of the State of Israel (the “Company”), proposes to issue and sell 14,000,000 shares (the “Firm Shares”) of the Company’s ordinary shares, NIS 0.01 par value per share (the “Ordinary Shares”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom Needham & Company, LLC is acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 1,600,000 Ordinary Shares, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
IKANOS COMMUNICATIONS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • November 5th, 2013 • Ikanos Communications • Telephone & telegraph apparatus • New York
Ikanos Communications, Inc., a Delaware corporation (the “Company”), proposes to issue and sell shares (the “Firm Shares”) of the Company’s common stock, $0.001 par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representatives”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
900,000 Ordinary Shares1 Cimatron Ltd. UNDERWRITING AGREEMENTUnderwriting Agreement • August 29th, 2013 • Cimatron LTD • Services-computer integrated systems design • New York
Cimatron Ltd., a corporation organized under the laws of the State of Israel (the “Company”), proposes to sell an aggregate of 900,000 ordinary shares (the “Firm Shares”), nominal value NIS 0.10 each (the “Ordinary Shares”), to the underwriter named in Schedule I hereto (the “Underwriter”). The Company has also agreed to grant to the Underwriter an option (the “Option”) to purchase up to an additional 135,000 Ordinary Shares, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
16,300,000 Shares* VITESSE SEMICONDUCTOR CORPORATION Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 20th, 2013 • Vitesse Semiconductor Corp • Semiconductors & related devices • New York
Vitesse Semiconductor Corporation, a Delaware corporation (the “Company”), proposes to issue and sell 16,300,000 shares (the “Firm Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 2,420,000 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
10,000,000 Shares* ANADIGICS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 14th, 2013 • Anadigics Inc • Semiconductors & related devices • New York
Anadigics, Inc., a Delaware corporation (the “Company”), proposes to issue and sell 10,000,000 shares (the “Firm Shares”) of the Company’s Common Stock, $0.01 par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 1,500,000 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
2,170,000 Shares1 eGain Corporation Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • February 14th, 2013 • EGAIN Corp • Services-prepackaged software • New York
The stockholders of eGain Corporation, a Delaware corporation (the “Company”), named in Schedule II hereto (the “Selling Stockholders”) propose to sell an aggregate of 2,170,000 shares (the “Firm Shares”) of the Company’s Common Stock, $.001 par value per share (the “Common Stock”), in each case to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representative”). The Selling Stockholders have also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 325,500 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
2,315,000 Shares* NUMEREX CORP. Class A Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • January 28th, 2013 • Numerex Corp /Pa/ • Communications equipment, nec • New York
Numerex Corp., a Pennsylvania corporation (the “Company”), proposes to issue and sell 2,315,000 shares (the “Firm Shares”) of the Company’s Class A common stock, no par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 347,250 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
10,000,000 Shares* VITESSE SEMICONDUCTOR CORPORATION Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 7th, 2012 • Vitesse Semiconductor Corp • Semiconductors & related devices • New York
Vitesse Semiconductor Corporation, a Delaware corporation (the “Company”), proposes to issue and sell 10,000,000 shares (the “Firm Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representative (the “Representative”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 1,409,294 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
3,200,000 Shares* OVERLAND STORAGE, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 23rd, 2012 • Overland Storage Inc • Computer storage devices • New York
Overland Storage, Inc., a California corporation (the “Company”), proposes to issue and sell 3,200,000 shares (the “Firm Shares”) of the Company’s common stock, no par value per share (the “Common Stock”), to you as underwriter (the “Underwriter”) in accordance with the terms and conditions set forth in this Underwriting Agreement (this “Agreement”). The Company has also agreed to grant to the Underwriter an option (the “Option”) to purchase up to an additional 480,000 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
2,600,000 Shares* PMFG, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • February 17th, 2012 • PMFG, Inc. • General industrial machinery & equipment, nec • New York
PMFG, Inc., a Delaware corporation (the “Company”), proposes to issue and sell 2,600,000 shares (the “Firm Shares”) of the Company’s common stock, $0.01 par value per share (the “Common Stock”), to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom Stifel, Nicolaus & Company, Incorporated (“Stifel Nicolaus”) and William Blair & Company, L.L.C. are serving as representatives (the “Representatives”). The Company has also agreed to grant to the Underwriters an option (the “Option”) to purchase up to an additional 390,000 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
4,750,000 Shares 712,500 Overallotment Shares Ramtron International Corporation Common Stock (par value $0.01 per share) UNDERWRITING AGREEMENTUnderwriting Agreement • July 28th, 2011 • Ramtron International Corp • Semiconductors & related devices • New York
Ramtron International Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell 4,750,000 shares (the “Firm Shares”) of the Company’s Common Stock, $0.01 par value per share (the “Common Stock”), along with any associated rights, to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representatives”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 712,500 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
Shares NEXX SYSTEMS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • July 22nd, 2011 • Nexx Systems Inc • Semiconductors & related devices • New York
NEXX Systems, Inc., a Delaware corporation (the “Company”), proposes to issue and sell shares (the “Firm Shares”) of the Company’s Common Stock, $0.001 par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representatives”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
