Common use of Repurchases in the Open Market Clause in Contracts

Repurchases in the Open Market. Any Shares sold by us (otherwise than through you) which shall be contracted for or purchased in the open market by you on behalf of any Underwriter or Underwriters shall be repurchased by us on demand at a price equal to the cost of such purchase plus commissions and taxes on redelivery. Any securities delivered on such repurchase need not be the identical securities originally sold by us. In lieu of delivery of such securities to us, you may (i) sell such securities in any manner for our account and charge us with the amount of any loss or expense or credit us with the amount of any profit, less any expense, resulting from such sale, or (ii) charge our account with an amount not in excess of the concession to Dealers on such securities.

Appears in 2 contracts

Samples: Ready Mix, Inc., Ready Mix, Inc.

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Repurchases in the Open Market. Any Shares Securities sold by us (otherwise than through you) which shall be contracted for or purchased in the open market by you on behalf of any Underwriter or Underwriters shall be repurchased by us on demand at a price equal to the cost of such purchase plus commissions and taxes on redelivery. Any securities Securities delivered on such repurchase need not be the identical securities shares originally sold by us. In lieu of delivery of such securities shares to us, you may (i) sell such securities shares in any manner for our account and charge us with the amount of any loss or expense or credit us with the amount of any profit, less any expense, resulting from such sale, or (ii) charge our account with an amount not in excess of the concession to Dealers on such securitiesSelected Dealers.

Appears in 2 contracts

Samples: Conserver Corp of America, Rosedale Decorative Products LTD

Repurchases in the Open Market. Any Shares Units sold by us (otherwise than through you) which shall be contracted for or purchased in the open market by you on behalf of any Underwriter or Underwriters shall be repurchased by us on demand at a price equal to the cost of such purchase plus any broker's commissions and transfer taxes on redelivery. Any securities Units delivered on such repurchase need not be the identical securities shares originally sold by us. In lieu of delivery of such securities shares to us, you may (i) sell such securities shares in any manner for our account and charge us with the amount of any loss or expense or credit us with the amount of any profit, less any expense, resulting from such sale, or (ii) charge our account with an amount not in excess of the concession to Dealers on such securitiesSelected Dealers. 5.

Appears in 1 contract

Samples: Hotel Discovery Inc

Repurchases in the Open Market. Any Shares sold by us (otherwise than through you) which which, prior to the termination of this Section or such earlier date as you may determine, shall be contracted for or purchased in the open market by you on behalf of any Underwriter or Underwriters Underwriters, shall be repurchased by us on demand at a price equal to the cost of such purchase plus commissions and taxes on redelivery. Any securities Shares delivered on such 4 repurchase need not be the identical securities Shares originally sold by us. In lieu of delivery of such securities Shares to us, you may (i) sell such securities Shares in any manner for our account and charge us with the amount of any loss or expense or credit us with the amount of any profit, less any expense, resulting from such sale, or (ii) charge our account with an amount not in excess of the concession to Dealers on such securitiesShares.

Appears in 1 contract

Samples: HLM Design Inc

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Repurchases in the Open Market. Any Shares Securities sold by us (otherwise other than through you) which shall be contracted for or purchased in the open market by you on behalf of any Underwriter or Underwriters shall be repurchased by us on demand at a price equal to the cost of such purchase plus commissions and taxes on redelivery. Any securities Securities delivered on such repurchase need not be evidenced by the identical securities Securities originally sold by us. In lieu of delivery of such securities Securities to us, you may (i) sell such securities Securities in any manner for our account and charge us with the amount of any loss or expense or credit us with the amount of any profit, less any expense, resulting from such sale, or (ii) charge our account with an amount not in excess of the concession to Dealers on such securitiesSelected Dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Galacticomm Technologies Inc)

Repurchases in the Open Market. Any Shares sold by us (otherwise other than through you) which shall be contracted for or purchased in the open market by you on behalf of any Underwriter or Underwriters shall be repurchased by us on demand at a price equal to the cost of such purchase plus commissions and taxes on redelivery. Any securities Shares delivered on such repurchase need not be the identical securities Shares originally sold by us. In lieu of delivery of such securities Shares to us, you may (i) sell such securities Shares in any manner for our account and charge us with the amount of any loss or expense or credit us with the amount of any profit, less any expense, resulting from such sale, or (ii) charge our account with an amount not in excess of the concession to Dealers on such securitiesSelected Dealers.

Appears in 1 contract

Samples: Agreement (Sunrise Preschools Inc/De/)

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