Common use of Initial Shares Clause in Contracts

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ], the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling Shareholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Letter Agreement (Shimmick Construction Company, Inc.)

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Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of $ for the Common Stock of $[ w ]Stock, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling Shareholder’s Stockholder's name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price after the initial public offering to such extent as the Underwriters may determine.

Appears in 1 contract

Samples: New Century Financial Corp

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ]________, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling Shareholder’s Stockholder's name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Accredited Home Lenders Holding Co)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ]________, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling Shareholder’s 's name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price after the initial public offering to such extent as the Underwriters may determine.

Appears in 1 contract

Samples: Underwriting Agreement (Procentury Corp)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ]$ , the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling ShareholderStockholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (ECC Capital CORP)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ], the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name at a purchase price of $ per share and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling ShareholderStockholder’s namename at a purchase price of $ per share, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representatives, in its their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (JER Investors Trust Inc)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ], the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I II opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling ShareholderStockholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (MedEquities Realty Trust, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ]11.625, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling Shareholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representatives, in its their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (American Financial Realty Trust)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, forth at the a purchase price per share of Common Stock of $[ w ]9.765, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name name, and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling Shareholder’s Stockholder's name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representative, in its sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Medical Properties Trust Inc

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ]________, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling ShareholderStockholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Great Ajax Corp.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock Shares of $[ w ]$ , the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each of the Selling Shareholder Shareholders agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such each Selling Shareholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (CastlePoint Holdings, Ltd.)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, forth at the a purchase price per share of Common Stock of $[ w ]____________, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name name, and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling Shareholder’s Stockholder's name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representative, in its sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Medical Properties Trust Inc

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ]________, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling Shareholder’s 's name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representatives, in its their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: American Financial Realty Trust

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Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ]___, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling ShareholderStockholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Online Resources Corp)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ], the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling ShareholderStockholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Century Communities, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ], the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares Shares, if any, set forth in Schedule I opposite such Selling ShareholderStockholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the such Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof, subject in each case, case to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Amcomp Incorporated (Amcomp Inc /Fl)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ], the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling ShareholderStockholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (NMI Holdings, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ]________, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling Shareholder’s Stockholder's name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price after the initial public offering to such extent as the Underwriters may determine.

Appears in 1 contract

Samples: Sensytech Inc

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ]___, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling ShareholderStockholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters and the Company agree that the Underwriters will sell the Initial Shares at a price per share of Common Stock of $___ and that the Underwriters shall retain $ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Asset Capital Corporation, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ]________, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling ShareholderStockholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof, subject in each case, to such adjustments among the Underwriters as the Representative Representatives in its their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Great Ajax Corp.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ w ]27.55, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite its name and each Selling Shareholder Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Selling ShareholderStockholder’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Firm Selling Shareholders Stockholders the number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representative in its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (ARGON ST, Inc.)

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