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, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriter and the Underwriter agrees to purchase from the Company, at a purchase price per share of $ , the number of Firm Shares set forth opposite the respective name of the Underwriter in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Environmental Power Corp), Underwriting Agreement (Environmental Power Corp)

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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ , the number of Firm Shares set forth opposite the their respective name of the Underwriter in names on Schedule I heretohereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 2 contracts

Samples: Letter Agreement (Aegean Marine Petroleum Network Inc.), Newkirk Realty Trust, Inc.

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriter Underwriters and the Underwriter agrees Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $ $.____, the number of Firm Shares set forth opposite the respective name names of the Underwriter in Underwriters on Schedule I heretohereto subject to adjustments in accordance with Section 10 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (D E Frey Group Inc), Underwriting Agreement (D E Frey Group Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue sell to each Underwriter, and sell 2,500,000 of the Firm Shares to the Underwriter each Underwriter, severally and the Underwriter not jointly, agrees to purchase from the Company, Company at a purchase price of $[ ] per share of $ Common Stock, the that number of Firm Shares set forth opposite the respective name of the Underwriter in Schedule I heretoopposite the name of such Underwriter.

Appears in 2 contracts

Samples: Underwriting Agreement (Castle Brands Inc), Underwriting Agreement (Castle Brands Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, Company at a purchase price per share of $ [ ], the number of Firm Shares set forth opposite the their respective name of the Underwriter in names on Schedule I heretohereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Ascent Solar Technologies, Inc.), Underwriting Agreement (Ascent Solar Technologies, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 3,333,333 of the Firm Shares to each of the Underwriter Underwriters, (ii) the Underwriters severally and the Underwriter agrees not jointly agree to purchase from the Company, at a purchase price per share of $ $_______, the number of Firm Shares set forth opposite the respective name of the such Underwriter in on Schedule I hereto.

Appears in 2 contracts

Samples: Echapman Com Inc, Echapman Com Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $_____ per share of $ share, the number of Firm Shares set forth opposite the respective name of the each Underwriter in Schedule I heretohereof, subject to adjustment in accordance with Section 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Geotel Communications Corp), Underwriting Agreement (Geotel Communications Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and the Company and the Selling Stockholders agree, severally and not jointly, to sell 2,500,000 to the Underwriters, and the Underwriters agree severally and not jointly to purchase in the percentages set forth in Schedule B hereto, all of the Firm Excess Unsubscribed Shares to the Underwriter and the Underwriter agrees to purchase from the Company, at a purchase price of $_____ per share of $ , the number of Firm Shares set forth opposite the respective name of the Underwriter in Schedule I heretoshare.

Appears in 2 contracts

Samples: Diamond Technology Partners Inc, Diamond Technology Partners Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters the Shares, and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Company, at a purchase price of $______ per share of $ share, the number of Firm Shares set forth opposite the respective name of the each Underwriter in Schedule I hereto.hereof, subject to adjustments in accordance with Section 9 hereof. 11 10

Appears in 2 contracts

Samples: Underwriting Agreement (Ccci Capital Trust Iii), Underwriting Agreement (Ccci Capital Trust Iii)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $[ ], the an aggregate of 8,500,000 Firm Shares together with any additional number of Firm Shares set forth opposite which such Underwriter may become obligated to purchase pursuant to the respective name provisions of the Underwriter in Schedule I heretoSection 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cypress Sharpridge Investments, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, (i) the Company agrees to issue sell to each Underwriter, and sell 2,500,000 of the Firm Shares each Underwriter agrees, subject to the Underwriter conditions hereinafter stated, severally and the Underwriter agrees not jointly, to purchase from the Company, at a purchase price (the “Purchase Price”) of $84.5538 per share of $ Share, the number of Firm Shares set forth opposite the respective name of the such Underwriter in Schedule I hereto, subject to adjustment in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Molson Coors Brewing Co)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriter Underwriters and the Underwriter agrees Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $ $__, the number of Firm Shares set forth opposite the respective name names of the Underwriter Underwriters in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (American Mobile Satellite Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, agreements and covenants herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue sell to the several Underwriters the Firm Shares, and sell 2,500,000 each of the Firm Shares to the Underwriter Underwriters, severally and the Underwriter not jointly, agrees to purchase from the Company, at a purchase price of $______ per share of $ share, the number of Firm Shares set forth opposite the respective such Underwriter's name of the Underwriter in Schedule SCHEDULE I hereto.

Appears in 1 contract

Samples: Castle Dental Centers Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $[ ], the number of Firm Shares set forth opposite their respective names on Schedule A hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the respective name provisions of the Underwriter in Schedule I heretoSection 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Newtek Business Services Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $[·] per share of $ share, the number of Firm Shares Securities set forth opposite the respective name of the each Underwriter in on Schedule I hereto, subject to adjustments in accordance with Section 8 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (UP Fintech Holding LTD)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriter several Underwriters and the Underwriter agrees Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $ , the number of Firm Shares set forth opposite the respective name of the Underwriter in Schedule I hereto.price

Appears in 1 contract

Samples: Brigham Exploration Co

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $5.70, the number of Firm Shares set forth opposite the their respective name of the Underwriter in names on Schedule I heretohereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Winthrop Realty Trust)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $[●] per share of $ share, the number of Firm General Shares set forth opposite the respective name of the each Underwriter in on Schedule I hereto, subject to adjustments in accordance with Section 8 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (TerraForm Power, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, forth (i) the Company agrees to issue and sell 2,500,000 of the 2,225,000 Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Company, at a purchase price per share of $ __________, the number of Firm Shares set forth opposite the respective name of the such Underwriter in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (InterMetro Communications, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $[ ] per share of $ Share, the number of Firm Shares set forth opposite the respective name of the each Underwriter in Schedule I heretohereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Lumera Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriter Underwriters and the Underwriter agrees Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $ $_______, the number of Firm Shares set forth opposite the respective name names of the Underwriter Underwriters in Schedule I hereto.hereto plus any additional

Appears in 1 contract

Samples: Underwriting Agreement (Usa Net Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $24.9895, the number of Firm Shares set forth opposite the their respective name of the Underwriter in names on Schedule I heretohereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Letter Agreement (Greenbrier Companies Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriter Underwriter, and the Underwriter agrees to purchase from the Company, at a purchase price per share of $ $_____, the number of Firm Shares set forth opposite the respective name of the Underwriter in Schedule I heretoShares.

Appears in 1 contract

Samples: Underwriting Agreement (Miami Computer Supply Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, agreements and covenants herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue sell to the several Underwriters the Firm Shares, and sell 2,500,000 each of the Firm Shares to the Underwriter Underwriters, severally and the Underwriter not jointly, agrees to purchase from the Company, at a purchase price of $______ per share of $ share, the number of Firm Shares set forth opposite the respective such Underwriter's name of the Underwriter in Schedule I hereto.

Appears in 1 contract

Samples: Orthalliance Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $__________ per share Share (representing a 6.2% discount from the initial public offering price of $ the Shares), the number of Firm Shares set forth opposite the respective name of the each Underwriter in Schedule I heretohereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: C3 Inc /Nc/

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $[ ], the an aggregate of [ ] Firm Shares together with any additional number of Firm Shares set forth opposite which such Underwriter may become obligated to purchase pursuant to the respective name provisions of the Underwriter in Schedule I heretoSection 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cypress Sharpridge Investments, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $5.875, the number of Firm Shares set forth opposite the their respective name of the Underwriter in names on Schedule I heretohereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Dynavax Technologies Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $[ ] per share of $ share, the number of Firm Shares Securities set forth opposite the respective name of the each Underwriter in on Schedule I hereto, subject to adjustments in accordance with Section 8 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (X Financial)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $23.214, the number of Firm Shares set forth opposite the their respective name of the Underwriter in names on Schedule I heretohereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Gardner Denver Inc)

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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $[___] per share of $ share, the number of Firm Shares set forth opposite the respective name of the each Underwriter in Schedule I heretohereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cardtronics Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $20.735, the number of Firm Shares set forth opposite the their respective name of the Underwriter in names on Schedule I heretohereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Clinical Data Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $____ per share of $ Share, the number of Firm Shares set forth opposite the respective name of the each Underwriter in Schedule I heretohereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Pacific Mercantile Bancorp

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $[ ], the number of Firm Shares set forth opposite the their respective name of the Underwriter in names on Schedule I heretohereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Diana Shipping Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, agreements and covenants herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees and the Selling Stockholder agree severally and not jointly to issue and sell 2,500,000 to each of the Firm Shares to Underwriters, and each of the Underwriter Underwriters, severally and the Underwriter not jointly, agrees to purchase from the Company, at a purchase price of $_________ per share of $ share, the number of Firm Shares set forth opposite the respective such Underwriter's name of the Underwriter in Schedule I hereto.

Appears in 1 contract

Samples: Pomeroy Computer (Pomeroy Computer Resources Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $[•] per share of $ share, the number of Firm Shares set forth opposite the respective name of the each Underwriter in Schedule I heretohereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Anthera Pharmaceuticals Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price per share of $ per share, the number of Firm Shares set forth opposite the respective name of the each Underwriter in on Schedule I hereto, subject to adjustments in accordance with Section 8 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (City Ventures, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the ________ Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $____ per share of $ share, the number of Firm Shares set forth opposite the respective name of the Underwriter each underwriter in Schedule I heretohereof, subject to adjustment in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Cell Robotics International Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $24.2125, the number of Firm Shares set forth opposite the respective its name of the Underwriter in Schedule I heretohereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Anthracite Capital Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $[___] per share of $ share, the number of Firm Shares set forth opposite the respective name of the each Underwriter in on Schedule I hereto, subject to adjustments in accordance with Section 8 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (TerraForm Power, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, (i) the Company and the Selling Stockholder agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a purchase price of $______ per share of $ Unit, the number of Firm Shares set forth opposite the respective name of the each Underwriter in Schedule I heretohereof, subject to adjustments in accordance with Section 9 hereof.

Appears in 1 contract

Samples: Dag Media Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriter several Underwriters, and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, Company at a purchase price $_____ per share of $ (the "Purchase Price"), the number of Firm Shares set forth opposite the respective name of the such Underwriter in on Schedule I hereto.1 hereto (and such number of Additional Shares as set forth in

Appears in 1 contract

Samples: Seec Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but of the Company and the Underwriters contained in this Agreement and subject to the terms and conditions herein set forthforth in this Agreement, (i) the Company agrees to issue sell to the several Underwriters, and sell 2,500,000 each of the Firm Shares to the Underwriter Underwriters agrees, severally and the Underwriter agrees not jointly, to purchase from the Company, at a purchase price of $________ per share of $ share, the respective number of Firm Shares set forth opposite the respective name of the such Underwriter in on Schedule I heretoto this Agreement (subject to adjustment as provided in Section 8 of this Agreement).

Appears in 1 contract

Samples: Underwriting Agreement (Keith Companies Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, agreements and covenants herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue sell to the Underwriters, and sell 2,500,000 each of the Firm Shares to the Underwriter Underwriters, severally and the Underwriter not jointly, agrees to purchase from the Company, at a purchase price of $______ per share of $ share, the number of Firm Shares set forth opposite the respective such Underwriter's name of the Underwriter in Schedule I hereto.

Appears in 1 contract

Samples: Logans Roadhouse Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the Underwriter Underwriters and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $•, the number of Firm Shares set forth opposite the their respective name of the Underwriter in names on Schedule I heretohereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Letter Agreement (JA Solar Holdings Co., Ltd.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $9.21375, the number of Firm Shares set forth opposite the their respective name of the Underwriter in names on Schedule I heretohereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Capstead Mortgage Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell 2,500,000 of the Firm Shares to the each Underwriter and the Underwriter each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $12.00, the an aggregate of 20,000,000 Firm Shares together with any additional number of Firm Shares set forth opposite which such Underwriter may become obligated to purchase pursuant to the respective name provisions of the Underwriter in Schedule I heretoSection 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cypress Sharpridge Investments, Inc.)

Purchase, Sale and Delivery of the Shares. (a) a. On the basis of the representations, warranties, agreements and covenants herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees and the Selling Stockholders agree to issue and sell 2,500,000 to each of the Firm Shares to Underwriters, and each of the Underwriter Underwriters, severally and the Underwriter not jointly, agrees to purchase from the Company, at a purchase price of $________ per share of $ share, the number of Firm Shares set forth opposite the respective such Underwriter's name of the Underwriter in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Litchfield Financial Corp /Ma)

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