Common use of Purchase Sale and Delivery of the Offered Shares Clause in Contracts

Purchase Sale and Delivery of the Offered Shares. (i) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of [ ] Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of [ ] Firm Shares, with each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. 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 and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A. The amount of Firm Shares that each Underwriter purchases from each Selling Stockholder shall be in the same proportion to the total number of Firm Shares to be purchased by such Underwriter as the number of Firm Shares set forth in Schedule B opposite the name of such Selling Stockholder bears to the total number of Firm Shares. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[ ] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)

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Purchase Sale and Delivery of the Offered Shares. (ia) The Firm SharesTHE FIRM OFFERED SHARES. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of [ ] 3,137,597 Firm Offered Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of [ ] 1,237,403 Firm Offered Shares, with and each Selling Stockholder selling the agrees to sell that number of Firm Offered Shares set forth opposite such Selling Stockholder’s 's name on Schedule B. SCHEDULE B (the "List of the Selling Stockholders") attached hereto. On the basis of the representations, warranties 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 and the Selling Stockholders the respective number of Firm Offered Shares set forth opposite their names on Schedule A. The amount SCHEDULE A (the "List of Firm Shares that each Underwriter purchases from each Selling Stockholder shall be in the same proportion to the total number of Firm Shares to be purchased by such Underwriter as the number of Firm Shares set forth in Schedule B opposite the name of such Selling Stockholder bears to the total number of Firm SharesUnderwriters") attached hereto. The purchase price per Firm Offered Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[ ] 6.11 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Delta Financial Corp)

Purchase Sale and Delivery of the Offered Shares. (ia) The Firm Offered Shares. Upon the terms herein set forth, (i) the The Company agrees to issue and sell to the several Underwriters an aggregate 5,000,000 Firm Offered Shares upon the terms set forth in this Agreement and each of [ ] Firm Shares and (ii) the Selling Stockholders agree Shareholders agrees to sell to the several Underwriters an aggregate of [ ] Firm Shares, with each Selling Stockholder selling the that number of Firm Shares shares of Common Stock set forth opposite such the Selling Stockholder’s Shareholder's name on in the column headed "Number of Firm Offered Shares to be Sold" in Schedule B. B (the "List of the Selling Shareholders") attached hereto upon the terms set forth in this Agreement, resulting in a total of 635,344 Firm Offered Shares being sold to the several Underwriters by the Selling Shareholders. 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 and the Selling Stockholders Shareholders the respective number of Firm Offered Shares set forth opposite their names on Schedule A. The amount of Firm Shares that each Underwriter purchases from each Selling Stockholder shall be in the same proportion to the total number of Firm Shares to be purchased by such Underwriter as the number of Firm Shares set forth in Schedule B opposite the name of such Selling Stockholder bears to each Underwriter on Schedule A (the total number "List of Firm Sharesthe Underwriters") attached hereto. The purchase price per Firm Offered Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $[ ] - per share.

Appears in 1 contract

Samples: Underwriting Agreement (Red Lion Hotels CORP)

Purchase Sale and Delivery of the Offered Shares. (ia) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of [ [___] Firm Company Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of [ [___] Selling Stockholders Firm Shares, with each Selling Stockholder selling the number of Selling Stockholders Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. 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 and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A. The amount of Firm Shares that each Underwriter purchases from each Selling Stockholder shall be in the same proportion to the total number of Firm Shares to be purchased by such Underwriter as the number of Firm Shares set forth in A and Schedule B opposite the name of such Selling Stockholder bears to the total number of Firm Shares. B. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[ [___] per shareshare (which represents a price to the public of $[___] less a discount to the Underwriters of $[___]).

Appears in 1 contract

Samples: Underwriting Agreement (Chefs' Warehouse Holdings, LLC)

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Purchase Sale and Delivery of the Offered Shares. (ia) The Firm Offered Shares. Upon the terms herein set forth, (i) the The Company agrees to issue and sell to the several Underwriters an aggregate 5,000,000 Firm Offered Shares upon the terms set forth in this Agreement and each of [ ] Firm Shares and (ii) the Selling Stockholders agree Shareholders agrees to sell to the several Underwriters an aggregate of [ ] Firm Shares, with each Selling Stockholder selling the that number of Firm Shares shares of Common Stock set forth opposite such the Selling Stockholder’s Shareholder's name on in the column headed "Number of Firm Offered Shares to be Sold" in Schedule B. B (the "List of the Selling Shareholders") attached hereto upon the terms set forth in this Agreement, resulting in a total of 635,344 Firm Offered Shares being sold to the several Underwriters by the Selling Shareholders. 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 and the Selling Stockholders Shareholders the respective number of Firm Offered Shares set forth opposite their names on Schedule A. The amount of Firm Shares that each Underwriter purchases from each Selling Stockholder shall be in the same proportion to the total number of Firm Shares to be purchased by such Underwriter as the number of Firm Shares set forth in Schedule B opposite the name of such Selling Stockholder bears to each Underwriter on Schedule A (the total number "List of Firm Sharesthe Underwriters") attached hereto. The purchase price per Firm Offered Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $[ ] 10.395 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Red Lion Hotels CORP)

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