Common use of Sale and Delivery to Underwriters Closing Clause in Contracts

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per Security, the number of Firm Capital Securities set forth in Schedule A opposite the name of such Underwriter, plus any additional Capital Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Southern Bancshares Nc Inc), Underwriting Agreement (Fidbank Capital Trust I)

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Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the TrustCompany, at a price of $10.00 _____ per Securityshare, the number of Firm Capital Initial Securities set forth in Schedule A hereto opposite the name of such Underwriter, plus any additional Capital number of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 2 contracts

Samples: Purchase Agreement (Health Care Property Investors Inc), Purchase Agreement (Health Care Property Investors Inc)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a the price of $10.00 per SecurityCapital Security set forth in Schedule B, the number of Firm Capital Securities set forth in Schedule A opposite the name of such Underwriter, plus any additional number of Capital Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 2 contracts

Samples: Purchase Agreement (Bankboston Capital Trust Iii), Purchase Agreement (Bankboston Capital Trust V)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the TrustCompany, at a the price of $10.00 per Securityshare set forth in Schedule II, the number of Firm Capital Initial Securities set forth in Schedule A I opposite the name of such Underwriter, plus any additional Capital number of Initial Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Purchase Agreement (Archstone Communities Trust/)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained contained, and subject to the terms and conditions herein set forth, the Trust agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a the price of $10.00 50.00 per Preferred Security, the number of Firm Capital Preferred Securities set forth in Schedule A opposite the name of such Underwriter, plus any additional Capital number of Preferred Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Finova Finance Trust

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a the price of $10.00 per Securitysecurity set forth in the Pricing Agreement, the number of Firm Capital Initial Securities set forth in Schedule A hereto opposite the name of such Underwriter, plus any additional Capital number of Initial Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (American Financial Capital Trust I)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a the price per Preferred Security of $10.00 per Security25.00, the number of Firm Capital Preferred Securities set forth in Schedule A opposite the name of such Underwriter, plus any additional Capital number of Preferred Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Purchase Agreement (Great Western Financial Corp)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 25.00 per Security, the number of Firm Capital Preferred Securities set forth in Schedule A opposite the name of such Underwriter, plus any additional Capital Preferred Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Premier Bancshares Inc /Ga)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital Securities set forth in opposite their names on Schedule A opposite at a purchase price of 98.890% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Lease and Security Agreement (Hcp, Inc.)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital the Securities set forth in opposite their names on Schedule A opposite at a purchase price of 99.277% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Healthpeak Properties, Inc.)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital Securities set forth in opposite their names on Schedule A opposite at a purchase price of 99.104% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Hcp, Inc.)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital the Securities set forth in opposite their names on Schedule A opposite at a purchase price of 98.990% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Healthpeak Properties, Inc.)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per Security, the number of Firm Capital Preferred Securities set forth in Schedule A opposite the name of such Underwriter, plus any additional Capital Preferred Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (New South Capital Trust I)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital Securities set forth in opposite their names on Schedule A opposite at a purchase price of 98.980% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Hcp, Inc.)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital the Securities set forth in opposite their names on Schedule A opposite at a purchase price of 98.773% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Healthpeak Properties, Inc.)

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Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the TrustCompany, at a price .% of $10.00 per Securitythe principal amount thereof, the number principal amount of Firm Capital Securities set forth in Schedule A hereto opposite the name of such Underwriter, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Purchase Agreement (Health Care Property Investors Inc)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital Securities set forth in opposite their names on Schedule A opposite at a purchase price of 98.952% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Hcp, Inc.)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital Securities set forth in opposite their names on Schedule A opposite at a purchase price of 98.535% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Lease and Security Agreement (Hcp, Inc.)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital Securities set forth in opposite their names on Schedule A opposite at a purchase price of 98.476% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Lease and Security Agreement (Hcp, Inc.)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a the price of $10.00 per Securitysecurity set forth in the Pricing Agreement, the number of Firm Capital Preferred Securities set forth in Schedule A hereto opposite the name of such Underwriter, plus any additional Capital number of Preferred Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Conseco Inc Et Al

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital Securities set forth in opposite their names on Schedule A opposite at a purchase price of 98.238% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Hcp, Inc.)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital the Securities set forth in opposite their names on Schedule A opposite at a purchase price of 99.233% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Healthpeak Properties, Inc.)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Trust, at a price of $10.00 per SecurityCompany, the number aggregate principal amount of Firm Capital Securities set forth in opposite their names on Schedule A opposite at a purchase price of 98.887% of the name of such Underwriterprincipal amount thereof, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Lease and Security Agreement (Hcp, Inc.)

Sale and Delivery to Underwriters Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the TrustCompany, at a the price of $10.00 per Securityset forth in Schedule B hereto, the number aggregate principal amount of Firm Capital Securities set forth in Schedule A hereto opposite the name of such Underwriter, plus any additional Capital principal amount of Securities which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Purchase Agreement (Countrywide Credit Industries Inc)

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