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 Underwriter an aggregate of 5,900,000 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 Underwriter agrees to purchase from the Company the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 Underwriters 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 Underwriter agrees Underwriters agree to purchase from the Company all of the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter Underwriters to the Company for the Firm Shares shall be $29.86285 1.46862 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 Underwriters 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 Underwriter agrees Underwriters agree to purchase from the Company all of the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter Underwriters to the Company for the Firm Shares shall be $29.86285 1.4080 per share (reflecting an underwriters discount of 5.5033557% from the public offering price of $1.49 per share).

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 22,727,273 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 Underwriter agrees to purchase from the Company the an aggregate of 22,727,273 Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 1.034 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 3,400,000 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 Underwriter agrees to purchase from the Company the an aggregate of 3,400,000 Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 28.11 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 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 Underwriter agrees to purchase from the Company the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 13.56 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 1,500,000 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 Underwriter agrees to purchase from the Company all of the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company for the Firm Shares shall be $29.86285 15.56 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 1,854,749 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 Underwriter agrees to purchase from the Company all of the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 9.40 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 2,000,000 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 Underwriter agrees to purchase from the Company all of the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company for the Firm Shares shall be $29.86285 38.50 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 2,100,000 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 Underwriter agrees to purchase from the Company the 2,100,000 Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 13.5255 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 the Firm SharesShares upon the terms set forth herein. On the basis of the representations, warranties and agreements herein containedcontained herein, and upon the terms but subject to the conditions herein set forthforth herein, the Underwriter agrees to purchase from the Company the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company for the Firm Shares shall be $29.86285 1.0808 per share (reflecting underwriting discounts and commissions of $0.0392 per share from the public offering price of $1.12 per share).

The Firm Shares. Upon On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 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 Underwriter agrees to purchase from the Company Company, the Firm SharesShares at a purchase price of $2.90 per Share. The purchase price per Firm Share to be paid by Underwriter may offer the Underwriter to Shares in transactions on The NASDAQ Capital Market, in the Company shall be $29.86285 per shareover-the-counter market or through negotiated transactions at market prices or at negotiated prices.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 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 Underwriter agrees to purchase from the Company the respective number of Firm Shares. Shares set forth on Schedule A. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 13.3386 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 19,000,000 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 Underwriter agrees to purchase from the Company the respective number of Firm SharesShares set forth on Schedule A hereto. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 11.60 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 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 Underwriter agrees to purchase from the Company all of the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company for the Firm Shares shall be $29.86285 0.386 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 Underwriters 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 Underwriter agrees Underwriters agree to purchase from the Company all of the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter Underwriters to the Company for the Firm Shares shall be $29.86285 12.9262 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 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 Underwriter agrees to purchase from the Company the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 2.375 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 1,000,000 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 Underwriter agrees to purchase from the Company all of the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company for the Firm Shares shall be $29.86285 21.23 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 3,820,000 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 Underwriter agrees agrees, to purchase from the Company the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 6.4125 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 1,150,000 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 Underwriter agrees to purchase from the Company all of the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company for the Firm Shares shall be $29.86285 11.59 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 Underwriters 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 Underwriter agrees Underwriters agree to purchase from the Company all of the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter Underwriters to the Company for the Firm Shares shall be $29.86285 7.3238 per share (reflecting an underwriters’ discount of 5.50% from the public offering price of $7.75 per share).

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 28,000,000 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 Underwriter agrees to purchase from the Company the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 0.6713 per share.

The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 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 Underwriter agrees to purchase from the Company the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 1.1811 per share.

The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the Underwriter an aggregate of 5,900,000 9,000,000 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 Underwriter agrees to purchase from the Company the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $29.86285 3.666 per share.