Common use of Purchase, Sale and Delivery of the Shares Clause in Contracts

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company and the Selling Shareholders agree, as provided in the introductory paragraph, to sell to each of the Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase at a purchase price of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name in Schedule II hereto, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to Section 9 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 2 contracts

Samples: Selling Shareholders (Central Parking Corp), Central Parking Corp

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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the each Selling Shareholders agreeStockholder, as provided in the introductory paragraphseverally and not jointly, agree to sell to each of the Underwriters, Underwriter and each of the UnderwritersUnderwriter, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name in their respective names on Schedule II hereto, plus such I hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 2 contracts

Samples: Underwriting Agreement (Komag Inc /De/), Underwriting Agreement (Komag Inc /De/)

Purchase, Sale and Delivery of the Shares. (a) On The Company agrees to sell to the respective Underwriters and, on the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the Selling Shareholders agree, as provided in the introductory paragraph, to sell to each of the Underwriters, and each of the UnderwritersUnderwriters agrees, severally and not jointly, agrees to purchase from the Company the number of Firm Shares set forth opposite its name in Schedule I hereto at a purchase price per share of $[___________ per share, the number ] with respect to an aggregate of Firm Shares set forth opposite such Underwriter's name in Schedule II hereto4,500,000 shares, plus such any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof. Each hereof at a price per share of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $[___________ per share].

Appears in 1 contract

Samples: Underwriting Agreement (Appliedtheory Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the each Selling Shareholders agreeStockholder, as provided in the introductory paragraphseverally and not jointly, agree to sell to each of the Underwriters, Underwriter and each of the UnderwritersUnderwriter, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name in their respective names on Schedule II hereto, plus such I hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Metropcs Communications Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the each Selling Shareholders agreeShareholder, as provided in the introductory paragraphseverally and not jointly, agree to sell to each of the Underwriters, Underwriter and each of the UnderwritersUnderwriter, severally and not jointly, agrees to purchase from the Company and the Selling Shareholders, at a purchase price per share of $___________ per share$ , the number of Firm Shares set forth opposite such Underwriter's name in their respective names on Schedule II hereto, plus such I hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Albemarle Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the Selling Shareholders agree, as provided in the introductory paragraph, severally and not jointly agree to sell to each of the Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company and the Selling Shareholders, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name the respective names of the Underwriters in Schedule II hereto, I hereto plus such any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Sonicwall Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the each Selling Shareholders agreeStockholder, as provided in the introductory paragraphseverally and not jointly, agree to sell to each of the Underwriters, Underwriter and each of the UnderwritersUnderwriter, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders, at a purchase price per share of $___________ per share$ 21.919, the number of Firm Shares set forth opposite such Underwriter's name in their respective names on Schedule II hereto, plus such I hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Metropcs Communications Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company and the Selling Shareholders Stockholders agree, as provided in the introductory paragraph, to sell to each of the Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase at a purchase price of $________.___ per share, the number of Firm Shares set forth opposite such Underwriter's name in Schedule II hereto, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to Section 9 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Ultrak Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and the Selling Shareholders agree, as provided in the introductory paragraph, to sell to each 6,500,000 of the Underwriters, Firm Shares to the Underwriters and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company, at a purchase price per share of $$ ___________ per share, the number of Firm Shares set forth opposite such Underwriter's name the respective names of the Underwriters in Schedule II hereto, I hereto plus such any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Underwriting Agreement (3tec Energy Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the Selling Shareholders agree, as provided in the introductory paragraph, Stockholders agree to sell to each of the Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company and the Selling Stockholders, at a purchase price per share of $[___________ per share], the number of Firm Shares set forth opposite such Underwriter's name the respective names of the Underwriters in Schedule II hereto, I hereto plus such any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof. Each You represent and warrant that you have been authorized by each of the other Underwriters agrees that to enter into this Agreement on its behalf and to act for it in the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per sharemanner herein provided.

Appears in 1 contract

Samples: Boron Lepore & Associates Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and the Selling Shareholders agree, as provided in the introductory paragraph, to sell to each [7,000,000] of the Underwriters, Firm Shares to the Underwriters and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name the respective names of the Underwriters in Schedule II hereto, I hereto plus such any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Quicksilver Resources Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the Selling Shareholders agree, as provided in the introductory paragraph, Stockholders agree to sell to each of the Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company and the Selling Stockholders, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name in Schedule II hereto, the respective names of the Underwriters on SCHEDULE I hereto plus such any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Trizetto Group Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the Selling Shareholders agreeStockholders, as provided in the introductory paragraphseverally and not jointly, agree to sell to each of the Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company and the Selling Stockholders, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name the respective names of the Underwriters in Schedule II hereto, I hereto plus such any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Suiza Foods Corp

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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the each Selling Shareholders agreeShareholder, as provided in the introductory paragraphseverally and not jointly, agree to sell to each of the Underwriters, Underwriter and each of the UnderwritersUnderwriter, severally and not jointly, agrees to purchase from the Company and the Selling Shareholders, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name in their respective names on Schedule II hereto, plus such I hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Playboy Enterprises Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the Selling Shareholders agreeStockholder, as provided in the introductory paragraphseverally and not jointly, agree to sell to each of the Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company and the Selling Stockholder, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name the respective names of the Underwriters in Schedule II hereto, SCHEDULE I hereto plus such any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Lone Star Technologies Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and the Selling Shareholders agree, as provided in the introductory paragraph, to sell to each [ ] of the Underwriters, Firm Shares to the Underwriters and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name the respective names of the Underwriters in Schedule II hereto, I hereto plus such any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Letter Agreement (Film Department Holdings, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and the Selling Shareholders agree, as provided in the introductory paragraph, to sell to each 3,700,000 of the Underwriters, Primary Shares to the Underwriters and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company, at a purchase price per share of $$ ___________ per share, the number of Firm Primary Shares set forth opposite such Underwriter's name the respective names of the Underwriters in Schedule II hereto, I hereto plus such any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Millennium Cell Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the each Selling Shareholders agreeStockholder, as provided in the introductory paragraphseverally and not jointly, agree to sell to each of the Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company and the Selling Stockholders, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name the respective names of the Underwriters in Schedule II hereto, I hereto plus such any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Zygo Corp

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company agrees, and the each Selling Shareholders agree, as provided in the introductory paragraphStockholder (severally and not jointly) agrees, to sell to each of the Underwriters, Underwriter and each of the UnderwritersUnderwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name in their respective names on Schedule II hereto, plus such I hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Letter Agreement (Open Solutions Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and the Selling Shareholders agreesell, as provided in the introductory paragraphapplicable, to sell to each of the Underwriters, Underwriters 3,000,000 Firm Shares and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite such Underwriter's name the respective names of the Underwriters in Schedule II I hereto, plus such any additional number of Firm Shares which such Underwriter that they may individually become obligated to purchase pursuant to the provisions of Section 9 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Netbank Inc)

Purchase, Sale and Delivery of the Shares. (a) The Company agrees to issue and sell to the several Underwriters the Firm Shares upon the terms herein set forth. On the basis of the representations, warranties, covenants and agreements and covenants herein contained and contained, but subject to the terms and conditions herein set forth, the Company and the Selling Shareholders agree, as provided in the introductory paragraph, to sell to each of the Underwriters, and each of the Underwriters, severally and not jointly, agrees agree to purchase from the Company, at a purchase price per share of $___________ per share$ , the number of Firm Shares set forth opposite such Underwriter's name the respective names of the Underwriters in Schedule II hereto, I hereto plus such an additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.

Appears in 1 contract

Samples: Gene Logic Inc

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