Common use of The Firm Shares Clause in Contracts

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●] per share.

Appears in 30 contracts

Samples: Underwriting Agreement (Apogee Therapeutics, Inc.), Underwriting Agreement (Silvaco Group, Inc.), Underwriting Agreement (Apogee Therapeutics, Inc.)

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The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[] per share.

Appears in 28 contracts

Samples: Underwriting Agreement (Alto Neuroscience, Inc.), Underwriting Agreement (Arcellx, Inc.), Underwriting Agreement (Arcellx, Inc.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [·] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[·] per share.

Appears in 18 contracts

Samples: Underwriting Agreement (Morphic Holding, Inc.), Underwriting Agreement (Liquidia Technologies Inc), Underwriting Agreement (TELA Bio, Inc.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[] per share.

Appears in 14 contracts

Samples: Underwriting Agreement (Kite Pharma, Inc.), Underwriting Agreement (Avalanche Biotechnologies, Inc.), Underwriting Agreement (Lombard Medical, Inc.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●[ ] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●[ ] per share.

Appears in 8 contracts

Samples: Underwriting Agreement (C4 Therapeutics, Inc.), Underwriting Agreement (Keros Therapeutics, Inc.), Underwriting Agreement (Keros Therapeutics, Inc.)

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters an aggregate of [●] the Firm SharesShares upon the terms herein set forth. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Common Share to be paid by the several Underwriters to the Company shall be $[●[ ] per share.

Appears in 6 contracts

Samples: Underwriting Agreement (Pharmasset Inc), Underwriting Agreement (FCStone Group, Inc.), Underwriting Agreement (Whitestone REIT)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] Firm Shares. 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 agreeCompany agrees to sell the Firm Shares to the several Underwriters, and each Underwriter agrees, severally and not jointly, to purchase from the Company the respective that number of Firm Shares from the Company set forth opposite their names the name of such Underwriter on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●[ ] per share.

Appears in 5 contracts

Samples: Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Peekay Boutiques, Inc.)

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters an aggregate of [●] the Firm SharesShares upon the terms herein set forth. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●[ ] per share.

Appears in 4 contracts

Samples: Underwriting Agreement (Archemix Corp.), Underwriting Agreement (Active Network Inc), Alphatec Holdings, Inc.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●] $ per share.

Appears in 4 contracts

Samples: Scilex Holding Co, Underwriting Agreement (Menlo Therapeutics, Inc.), Underwriting Agreement (Affimed N.V.)

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters an aggregate of [●] the Firm SharesShares upon the terms herein set forth. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Common Share to be paid by the several Underwriters to the Company shall be $[●] $ per share.

Appears in 3 contracts

Samples: Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Cardiomems Inc)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell allot to the several Underwriters an aggregate of [●[ · ] Firm Shares. 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 subscribe for the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase subscription price per Firm Share to be paid by the several Underwriters to the Company shall be $[●[ · ] per share.

Appears in 3 contracts

Samples: Underwriting Agreement (Osmotica Pharmaceuticals PLC), Underwriting Agreement (Osmotica Pharmaceuticals PLC), Underwriting Agreement (Osmotica Pharmaceuticals LTD)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●[ · ] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●[ · ] per share.

Appears in 2 contracts

Samples: Underwriting Agreement (Aclaris Therapeutics, Inc.), Underwriting Agreement (Collegium Pharmaceutical, Inc)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●[ 🌑 ] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●[ 🌑 ] per share.

Appears in 2 contracts

Samples: Underwriting Agreement (Dermavant Sciences LTD), Underwriting Agreement (scPharmaceuticals Inc.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●[ • ] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●[ • ] per share.

Appears in 2 contracts

Samples: Underwriting Agreement (RCS Capital Corp), Underwriting Agreement (RCS Capital Corp)

The Firm Shares. Upon the terms herein and conditions set forthforth herein, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] the Firm Shares. On Shares 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 the respective number of the Firm Shares set forth opposite their names on Schedule A. I. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●] 9.7375 per share.

Appears in 1 contract

Samples: Underwriting Agreement (TICC Capital Corp.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[·] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Zoe's Kitchen, Inc.)

The Firm Shares. Upon the terms herein and conditions set forthforth herein, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] the Firm Shares. On Shares 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 the respective number of the Firm Shares set forth opposite their names on Schedule A. I. The purchase price per Firm Share Security to be paid by the several Underwriters to the Company shall be $[●] $ per share.

Appears in 1 contract

Samples: Underwriting Agreement (TICC Capital Corp.)

The Firm Shares. Upon the terms herein and conditions set forthforth herein, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] the Firm Shares. On Shares 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 the respective number of the Firm Shares set forth opposite their names on Schedule A. I. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●[ ] per share.

Appears in 1 contract

Samples: Underwriting Agreement (T-Equity Capital Corp.)

The Firm Shares. Upon The Company agrees to sell to the several Underwriters the Firm Shares upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] Firm Shares. 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 the respective that number of Firm Shares, which number of Firm Shares is set forth opposite their names on the name of such Underwriter in Schedule A. I hereto. The purchase price per Firm Common Share to be paid by the several Underwriters to the Company shall be $[●] $ per share.

Appears in 1 contract

Samples: Global Traffic Network, Inc.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [___] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Common Share to be paid by the several Underwriters to the Company shall be $[●[ ] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Western Refining, Inc.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [_____] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[____] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Real Good Food Company, Inc.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●[ ˜ ] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●[ ˜ ] per share.

Appears in 1 contract

Samples: Underwriting Agreement (TELA Bio, Inc.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. A hereto. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Wave Life Sciences Pte LTD)

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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. 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 the respective number of Firm Shares set forth opposite their names its name on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●[ · ] per share.

Appears in 1 contract

Samples: Underwriting Agreement (ARC Group Worldwide, Inc.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [______] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[_____] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Immune Design Corp.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [·] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●] per shareis set forth in Schedule A hereto.

Appears in 1 contract

Samples: Underwriting Agreement (GLG Life Tech Corp)

The Firm Shares. Upon the terms herein and conditions set forthforth herein, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] the Firm Shares. On Shares 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 the respective number of the Firm Shares set forth opposite their names on Schedule A. I. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●] 9.86 per share.

Appears in 1 contract

Samples: Underwriting Agreement (TICC Capital Corp.)

The Firm Shares. Upon the terms herein set forth, the Company The Selling Shareholder agrees to issue and sell to the several Underwriters an aggregate of [●] Firm SharesShares upon the terms set forth herein. 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 Selling Shareholder the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company Selling Shareholder shall be $[●] $ per share.

Appears in 1 contract

Samples: Underwriting Agreement (CapitalSource Healthcare REIT)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [·] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[·] per shareADS.

Appears in 1 contract

Samples: Underwriting Agreement (Brainsway Ltd.)

The Firm Shares. Upon the terms herein and conditions set forthforth herein, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] the Firm Shares. On Shares 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 the respective number of the Firm Shares set forth opposite their names on Schedule A. I. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●] 9.96 per share.

Appears in 1 contract

Samples: Underwriting Agreement (TICC Capital Corp.)

The Firm Shares. Upon the terms herein and conditions set forthforth herein, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] the Firm Shares. On Shares 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 the respective number of the Firm Shares set forth opposite their names on Schedule A. I. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●] 9.48 per share.

Appears in 1 contract

Samples: Underwriting Agreement (TICC Capital Corp.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [l] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[l] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Codex DNA, Inc.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [_____] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[__] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Cognition Therapeutics Inc)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●] per shareShare.

Appears in 1 contract

Samples: Underwriting Agreement (Establishment Labs Holdings Inc.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] Firm Shares. 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 the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share Shares to be paid by the several Underwriters to the Company shall be $[●] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Parnell Pharmaceuticals Holdings LTD)

The Firm Shares. Upon the terms herein and conditions set forthforth herein, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] the Firm Shares. On Shares 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 the respective number of the Firm Shares set forth opposite their names on Schedule A. I. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●] 9.91 per share.

Appears in 1 contract

Samples: Underwriting Agreement (TICC Capital Corp.)

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of [●] Firm Shares. 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 the respective number an aggregate of Firm Shares set forth opposite their names on Schedule A. Shares. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[●] $ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Oriental Financial Group Inc)

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