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 the Firm Shares to the Underwriters. 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, severally and not jointly, agree to purchase, at a price of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Company.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price of per Firm Common Share to be paid by the several Underwriters to the Company shall be $[____ ] per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Companyshare.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $ per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company shall be $[____ ] per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Companyshare.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the UnderwritersUnderwriters agree, severally and not jointly, agree jointly to purchase, at a price of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), purchase the Firm Shares from the Company. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $ per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price of $____ $ per Share (which price reflects an Underwriter’s underwriters’ discount of 6.510%), the number of Firm Shares from set forth opposite the Companyname of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $19.10 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell the Firm Shares to the Underwriters. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the terms and conditions herein set forthforth herein, the Underwriters, severally Company agrees to sell to the Underwriter and not jointly, agree the Underwriter agrees to purchase, at a purchase from the Company that number of Firm Shares obtained by subtracting • [total number of shares initially offered] minus the number of Directed Shares sold in the Directed Share Program. The purchase price of per Firm Share to be paid by the Underwriter to the Company shall be $____ [ ] per Share (which price reflects an share [$ • less the 8% Underwriter’s discount of 6.5%discount] (the “Discounted Purchase Price”), the Firm Shares from the Company.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $96.50 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Common Share to be paid by the Companyseveral Underwriters to the Company shall be $11.25 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Common Share to be paid by the Companyseveral Underwriters to the Company shall be $4.23 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the Firm Shares to the UnderwritersShares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares 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 $42.24 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters, severally and not jointly, all of the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, purchase from the Company the Firm Shares set forth opposite their names on Schedule A at a purchase price of $____ 24.2125 per Share share (which price reflects an Underwriter’s discount of 6.5%the “Purchase Price”), the Firm Shares from the Company.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the Firm Shares to the UnderwritersShares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $0.611 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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, Underwriters agree severally and not jointly, agree to purchase, at a purchase from the Company the respective number of Firm Shares set forth opposite their names on SCHEDULE A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company shall be $[____ ] per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Companyshare.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the Firm Shares to the UnderwritersShares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $23.625 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 Underwriterseach Underwriter agrees, severally and not jointly, agree to purchase, purchase from the Company the respective number of Firm Shares set forth opposite such Underwriter’s name on Schedule A at a purchase price of $____ 3.82 per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Companyshare.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Common Share to be paid by the Companyseveral Underwriters to the Company shall be $10.32 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the Firm Shares to the UnderwritersShares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $3.948 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms herein set forth. On Each Underwriter, on the basis of the representations, warranties and agreements herein contained, contained and upon the terms but subject to the conditions herein set forth, the Underwritersagrees, severally and not jointly, agree to purchase, purchase from the Company the respective number of Firm Shares set forth opposite such Underwriter’s name on Schedule A at a purchase price of $____ 48.00 per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Companyshare.

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 the Firm Shares to the Underwriters. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule I hereto. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $[•]per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $24.91 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $86.784 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Common Share to be paid by the Companyseveral Underwriters to the Company shall be $11.28 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Common Share to be paid by the Companyseveral Underwriters to the Company shall be $• per share.

The Firm Shares. Upon Subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Firm Shares to the several Underwriters. On , and on the basis of the representations, warranties and agreements herein contained, contained and upon the terms but subject to the conditions herein set forth, the Underwriters, severally and not jointly, Underwriters agree to purchase, at a price of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), purchase the Firm Shares from the CompanyCompany at a purchase price of $0.8680 per Share (the "Per Share Purchase Price").

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms herein set forth. On Each Underwriter, on the basis of the representations, warranties and agreements herein contained, contained and upon the terms but subject to the conditions herein set forth, the Underwritersagrees, severally and not jointly, agree to purchase, purchase from the Company the respective number of Firm Shares set forth opposite such Underwriter’s name on Schedule A at a purchase price of $____ 40.32 per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Companyshare.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms herein set forth. On Each Underwriter, on the basis of the representations, warranties and agreements herein contained, contained and upon the terms but subject to the conditions herein set forth, the Underwritersagrees, severally and not jointly, agree to purchase, purchase from the Company the respective number of Firm Shares set forth opposite such Underwriter’s name on Schedule A at a purchase price of $____ 36.72 per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Companyshare.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms herein set forth. On Each Underwriter, on the basis of the representations, warranties and agreements herein contained, contained and upon the terms but subject to the conditions herein set forth, the Underwritersagrees, severally and not jointly, agree to purchase, purchase from the Company the respective number of Firm Shares set forth opposite such Underwriter’s name on Schedule A at a purchase price of $____ 24.2125 per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Companyshare.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell the Firm Shares to the Underwriters. On respective Underwriters and, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each of the UnderwritersUnderwriters agrees, severally and not jointly, agree to purchase, at a price purchase from the Company the number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from as set forth opposite the Companyname of the Underwriter on Schedule I hereto. The purchase price per Firm Share to be paid by the Underwriters shall be $1.88 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the Firm Shares to the UnderwritersShares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $[ ] per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $31.62 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $68.33 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $32.64 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the Firm Shares to the UnderwritersShares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriterseach Underwriter agrees, severally and not jointly, agree to purchase, purchase from the Company the Firm Shares set forth opposite their names on Schedule A at a purchase price of $____ 4.70 per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Companyshare.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $102.04875 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms herein set forth. On Each Underwriter, on the basis of the representations, warranties and agreements herein contained, contained and upon the terms but subject to the conditions herein set forth, the Underwritersagrees, severally and not jointly, agree to purchase, purchase from the Company the respective number of Firm Shares set forth opposite such Underwriter’s name on Schedule A at a purchase price of $____ 44.2560 per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Companyshare.

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 the Firm Shares to the Underwriters. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule I hereto. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $[•] per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms herein set forth. On Each Underwriter, on the basis of the representations, warranties and agreements herein contained, contained and upon the terms but subject to the conditions herein set forth, the Underwritersagrees, severally and not jointly, agree to purchase, purchase from the Company the respective number of Firm Shares set forth opposite such Underwriter’s name on Schedule A at a purchase price of $____ 69.84 per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from the Companyshare.

The Firm Shares. Upon the terms herein and conditions set forthforth herein, the Company agrees to issue and sell to the several Underwriters the Firm Shares to the Underwriters. On on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule I. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $9.5118 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters the Firm Shares to upon the Underwritersterms 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 UnderwritersUnderwriters agree, severally and not jointly, agree to purchase, at a price purchase from the Company the respective number of $____ per Share (which price reflects an Underwriter’s discount of 6.5%), the Firm Shares from set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the Companyseveral Underwriters to the Company shall be $8.55 per share.