Description of Shares. The Company proposes to issue and sell 2,700,000 shares of its authorized and unissued Common Stock, no par value per share, to the several Underwriters. Certain Selling Shareholders, acting severally and not jointly, propose to sell an aggregate of 800,000 shares of the Company's authorized and outstanding Common Stock, no par value per share, to the several Underwriters. The 2,700,000 shares of Common Stock, no par value per share, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 shares of Common Stock, no par value per share, to be sold by certain of the Selling Shareholders are hereinafter called the "Selling Shareholder Shares." The Company Shares and the Selling Shareholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Selling Shareholders also propose to grant, severally and not jointly, to the Underwriters an option to purchase up to 525,000 additional shares of the Company's Common Stock, no par value per share, (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."
Appears in 1 contract
Description of Shares. The Company proposes to issue and sell 2,700,000 650,000 shares of its authorized and unissued Common Stock, no par value per share, $.01 to the several Underwriters. Certain The Selling ShareholdersStockholders, acting severally and not jointly, propose to sell an aggregate of 800,000 900,000 shares of the Company's authorized and outstanding Common Stock, no par value per share$.01, to the several Underwriters. The 2,700,000 650,000 shares of Common Stock, no par value per share$.01, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 900,000 shares of Common Stock, no par value per share$.01, to be sold by certain of the Selling Shareholders Stockholders are hereinafter called the "Selling Shareholder Stockholder Shares." The Company Shares and the Selling Shareholder Stockholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain the Selling Shareholders Stockholders also propose to grant, severally and not jointly, to the Underwriters an option to purchase up to 525,000 232,500 additional shares of the Company's Common Stock, no par value per share, $.01 (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no par value per share$.01, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."" -------- (1) Plus an option to purchase up to 232,500 additional shares from the Company and certain stockholders of the Company to cover over-allotments.
Appears in 1 contract
Samples: Piercing Pagoda Inc
Description of Shares. The Company proposes to issue and sell 2,700,000 --------------------- 2,000,000 shares of its authorized and unissued Common Stock, no par value $0.001 per share, to the several Underwriters. Certain The Selling ShareholdersStockholders, acting severally and not jointly, propose to sell an aggregate of 800,000 2,000,000 shares of the Company's authorized and outstanding Common Stock, no par value $0.001 per share, to the several Underwriters. The 2,700,000 2,000,000 shares of Common Stock, no par value $0.001 per share, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 2,000,000 shares of Common Stock, no par value $0.001 per share, to be sold by certain of the Selling Shareholders Stockholders are hereinafter called the "Selling Shareholder Stockholder Shares." The Company Shares and the Selling Shareholder Stockholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Selling Shareholders Stockholders also propose to grant, severally and not jointly, to the Underwriters an option to purchase up to 525,000 600,000 additional shares of the Company's Common Stock, no par value $0.001 per share, share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no par value $0.001 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."" -------------------- /1/ Plus an option to purchase up to 600,000 additional shares from certain stockholders of the Company to cover over-allotments.
Appears in 1 contract
Description of Shares. The Company proposes to issue and sell 2,700,000 300,000 shares of its authorized and unissued Common Stock, no par value per sharevalue, to the several Underwriters. Certain The Selling Shareholders, acting severally and not jointly, propose to sell an aggregate of 800,000 2,700,000 shares of the Company's authorized and outstanding Common Stock, no par value per sharevalue, to the several Underwriters. The 2,700,000 300,000 shares of Common Stock, no par value per sharevalue, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 2,700,000 shares of Common Stock, no par value per sharevalue, to be sold by certain of the Selling Shareholders are hereinafter called the "Selling Shareholder Shares." The Company Shares and the Selling Shareholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain the Selling Shareholders also propose to grant, severally and not jointly, grant to the Underwriters an option to purchase up to 525,000 450,000 additional shares of the Company's Common Stock, no par value per share, (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no par value per sharevalue, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."
Appears in 1 contract
Description of Shares. The Company proposes to issue and sell --------------------- 2,700,000 shares of its authorized and unissued Common Stock, no $0.01 par value per sharevalue, to the several Underwriters. Certain The Selling ShareholdersStockholders, acting severally and not jointly, propose to sell an aggregate of 800,000 2,750,000 shares of the Company's authorized and outstanding Common Stock, no $0.01 par value per sharevalue, to the several Underwriters. The 2,700,000 shares of Common Stock, no $0.01 par value per sharevalue, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 2,750,000 shares of Common Stock, no $0.01 par value per sharevalue, to be sold by certain of the Selling Shareholders Stockholders are hereinafter called the "Selling Shareholder Stockholder Shares." The Company Shares and the Selling Shareholder Stockholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Selling Shareholders also propose proposes to grant, severally and not jointly, grant to the Underwriters an option to purchase up to 525,000 817,500 additional shares of the Company's Common Stock, no $0.01 par value per share, (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no $0.01 par value per sharevalue, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."
Appears in 1 contract
Samples: Underwriting Agreement (Applied Micro Circuits Corp)
Description of Shares. The Company proposes to issue and sell 2,700,000 2,200,000 shares of its authorized and unissued Common Stock, no $0.001 par value per share, to the several Underwriters. Certain The Selling ShareholdersStockholders, acting severally and not jointly, propose to sell an aggregate of 800,000 200,000 shares of the Company's authorized and outstanding Common Stock, no $0.001 par value per share, to the several Underwriters. The 2,700,000 2,200,000 shares of Common Stock, no $0.001 par value per share, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 200,000 shares of Common Stock, no $0.001 par value per share, share to be sold by certain of the Selling Shareholders Stockholders are hereinafter called the "Selling Shareholder Stockholder Shares." The Company Shares and the Selling Shareholder Stockholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Selling Shareholders also propose proposes to grant, severally and not jointly, grant to the Underwriters an option to purchase up to 525,000 360,000 additional shares of the Company's Common Stock, no $0.001 par value per share, (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no $0.001 par value per share, share of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."
Appears in 1 contract
Samples: First Virtual Corp
Description of Shares. The Company proposes to issue and sell 2,700,000 --------------------- 2,250,000 shares of its authorized and unissued Common Stock, no par value $0.01 per share, to the several Underwriters. Certain The Selling ShareholdersStockholders, acting severally and not jointly, propose to sell an aggregate of 800,000 150,000 shares of the Company's authorized and outstanding Common Stock, no par value $0.01 per share, to the several Underwriters. The 2,700,000 2,250,000 shares of Common Stock, no par value $0.01 per share, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 150,000 shares of Common Stock, no par value $0.01 per share, to be sold by certain of the Selling Shareholders Stockholders are hereinafter called the "Selling Shareholder Stockholder Shares." The Company Shares and the Selling Shareholder Stockholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Selling Shareholders also propose proposes to grant, severally and not jointly, grant to the Underwriters an option to purchase up to 525,000 360,000 additional shares of the ----------------------------- /1/ Plus an option to purchase up to 360,000 additional shares from the Company to cover over-allotments, if any. Company's Common Stock, no par value $0.01 per share, share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no par value $0.01 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."
Appears in 1 contract
Samples: Underwriting Agreement (Abiomed Inc)
Description of Shares. The Company proposes to issue and sell 2,700,000 [2,000,000] --------------------- shares of its authorized and unissued Common Stock, no par value $0.01 per share, to the several Underwriters. Certain The Selling ShareholdersStockholders, acting severally and not jointly, propose to sell an aggregate of 800,000 [1,000,000] shares of the Company's authorized and outstanding Common Stock, no par value $0.01 per share, to the several Underwriters. The 2,700,000 [2,000,000] shares of Common Stock, no par value $0.01 per share, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 [1,000,000] shares of Common Stock, no par value $0.01 per share, of the Company to be sold by certain of the Selling Shareholders Stockholders are hereinafter called the "Selling Shareholder Stockholder Shares." The Company Shares and the Selling Shareholder Stockholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Selling Shareholders also propose proposes to grant, severally and not jointly, grant to the Underwriters an option to purchase up to 525,000 [450,000] additional shares of the Company's Common Stock, no par value $0.01 per share, share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no par value $0.01 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."" ------------------------------ /1/ Plus an option to purchase up to [450,000] additional shares from the Company to cover over-allotments, if any.
Appears in 1 contract
Samples: Underwriting Agreement (Cytyc Corp)
Description of Shares. The Company proposes to issue and sell 2,700,000 5,000,000 shares of its authorized and unissued Common Stock, no $.01 par value per sharevalue, to the several Underwriters. Certain The Selling ShareholdersStockholders, acting severally and not jointly, propose to sell an aggregate of 800,000 665,000 shares of the Company's authorized and outstanding Common Stock, no $.01 par value per sharevalue, to the several Underwriters. The 2,700,000 5,000,000 shares of Common Stock, no $.01 par value per sharevalue, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 665,000 shares of Common Stock, no $.01 par value per sharevalue, to be sold by certain of the Selling Shareholders Stockholders are hereinafter called the "Selling Shareholder Stockholder Shares." The Company Shares and the Selling Shareholder Stockholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and a certain Selling Shareholders Stockholder also propose to grant, severally and not jointly, to the Underwriters an option to purchase up to 525,000 849,750 additional shares of the Company's Common Stock, no $.01 par value per share, (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no $.01 par value per sharevalue, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."
Appears in 1 contract
Samples: E Trade Group Inc
Description of Shares. The Company proposes to issue and sell 2,700,000 2,000,000 shares of its authorized and unissued Common Stock, no par value per share, to the several Underwriters. Certain The Selling Shareholders, acting severally and not jointly, propose to sell an aggregate of 800,000 2,400,000 shares of the Company's authorized and outstanding Common Stock, no par value per share, to the several Underwriters. The 2,700,000 2,000,000 shares of Common Stock, no par value per share, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 2,400,000 shares of Common Stock, no par value per share, to be sold by certain of the Selling Shareholders are hereinafter called the "Selling Shareholder Shares." The Company Shares and the Selling Shareholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Certain Selling Shareholders also propose to grant, severally and not jointly, to the Underwriters an option to purchase up to 525,000 660,000 additional shares of the Company's Common Stock, no par value per share, (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."" -------- 1 Plus an option to purchase up to 660,000 additional shares from certain shareholders of the Company to cover over-allotments.
Appears in 1 contract
Samples: Selling Shareholders (Profit Recovery Group International Inc)
Description of Shares. The Company proposes to issue and sell 2,700,000 --------------------- 1,000,000 shares of its authorized and unissued Common Stock, no $0.01 par value per sharevalue, to the several Underwriters. Certain The Selling ShareholdersStockholders, acting severally and not jointly, propose to sell an aggregate of 800,000 5,000,000 shares of the Company's authorized and outstanding Common Stock, no $0.01 par value per sharevalue, to the several Underwriters. The 2,700,000 1,000,000 shares of Common Stock, no $0.01 par value per sharevalue, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 5,000,000 shares of Common Stock, no $0.01 par value per sharevalue, to be sold by certain of the Selling Shareholders Stockholders are hereinafter called the "Selling Shareholder Stockholder Shares." The Company Shares and the Selling Shareholder Stockholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Certain Selling Shareholders also Stockholders propose to grant, severally and not jointly, to the Underwriters an option to purchase up to 525,000 900,000 additional shares of the Company's Common Stock, no $0.01 par value per share, (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no $0.01 par value per sharevalue, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."" ______________________ /1/ Plus an option to purchase up to 900,000 additional shares from certain stockholders of the Company to cover over-allotments.
Appears in 1 contract
Samples: Underwriting Agreement (Applied Micro Circuits Corp)
Description of Shares. The Company proposes to issue and sell 2,700,000 2,285,430 shares of its authorized and unissued Common Stock, no $0.01 par value per share, to the several Underwriters. Certain The Selling Shareholders, acting severally and not jointly, propose to sell an aggregate of 800,000 1,714,570 shares of the Company's authorized and outstanding Common Stock, no $0.01 par value per share, to the several Underwriters. The 2,700,000 2,285,430 shares of Common Stock, no $0.01 par value per share, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 1,714,570 shares of Common Stock, no $0.01 par value per share, to be sold by certain of the Selling Shareholders are hereinafter called the "Selling Shareholder Shares." The Company Shares and the Selling Shareholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Selling Shareholders also propose proposes to grant, severally and not jointly, grant to the Underwriters an option to purchase up to 525,000 600,000 additional shares of the Company's Common Stock, no $0.01 par value per share, share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no $0.01 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."" ---------- 1 Plus an option to purchase up to 600,000 additional shares from the Company to cover over-allotments, if any.
Appears in 1 contract
Samples: Sportsline Usa Inc
Description of Shares. The Company proposes to issue and sell 2,700,000 1,600,000 shares of its authorized and unissued Common Stock, no $.001 par value per share, to the several Underwriters. Certain The Selling ShareholdersStockholders, acting severally and not jointly, propose to sell an aggregate of 800,000 400,000 shares of the Company's authorized and outstanding Common Stock, no $.001 par value per share, to the several Underwriters. The 2,700,000 1,600,000 shares of Common Stock, no $.001 par value per share, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 400,000 shares of Common Stock, no $.001 par value per share, to be sold by certain of the Selling Shareholders Stockholders are hereinafter called the "Selling Shareholder Stockholder Shares." The Company Shares and the Selling Shareholder Stockholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Selling Shareholders also propose proposes to grant, severally and not jointly, to the Underwriters an option to purchase up to 525,000 300,000 additional shares of the Company's Common Stock, no $.001 par value per share, share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no $.001 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."
Appears in 1 contract
Samples: Hi/Fn Inc
Description of Shares. The Company proposes to issue and sell 2,700,000 1,125,000 shares of its authorized and unissued Common Stock, no $1.00 par value per sharevalue, to the several Underwriters. Certain The Selling Shareholders, acting severally and not jointly, propose to sell an aggregate of 800,000 1,045,000 shares of the Company's authorized and outstanding Common Stock, no $1.00 par value per sharevalue, to the several Underwriters. The 2,700,000 1,125,000 shares of Common Stock, no $1.00 par value per sharevalue, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 1,045,000 shares of Common Stock, no $1.00 par value per sharevalue, to be sold by certain of the Selling Shareholders are hereinafter called the "Selling Shareholder Shares." The Company Shares and the Selling Shareholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Selling Shareholders also propose to grant, severally and not jointly, to the Underwriters an option to purchase up to 525,000 325,500 additional shares of the Company's Common Stock, no $1.00 par value per share, (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no $1.00 par value per sharevalue, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."" __________________________________
Appears in 1 contract
Samples: Comshare Inc
Description of Shares. The Company proposes to issue and sell 2,700,000 2,000,000 shares of its authorized and unissued Common Stock, no par value per sharevalue, to the several Underwriters. Certain The Selling Shareholders, acting severally and not jointly, propose to sell an aggregate of 800,000 300,000 shares of the Company's authorized and outstanding Common Stock, no par value per sharevalue, to the several Underwriters. The 2,700,000 2,000,000 shares of Common Stock, no par value per sharevalue, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 300,000 shares of Common Stock, no par value per sharevalue, to be sold by certain of the Selling Shareholders are hereinafter called the "Selling Shareholder Shares." The Company Shares and the Selling Shareholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Selling Shareholders also propose proposes to grant, severally and not jointly, grant to the Underwriters an option to purchase up to 525,000 345,000 additional shares of the Company's Common Stock, no par value per share, (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stock, no par value per sharevalue, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."
Appears in 1 contract
Samples: 3dfx Interactive Inc
Description of Shares. The Company proposes to issue and sell 2,700,000 --------------------- 4,600,000 shares of its authorized and unissued Common Stockcommon stock, no $.01 par value per share, to the several Underwriters. Certain The Selling ShareholdersStockholders, acting severally and not jointly, propose to sell an aggregate of 800,000 3,100,000 shares of the Company's authorized and outstanding Common Stockcommon stock, no $.01 par value per share, to the several Underwriters. The 2,700,000 4,600,000 shares of Common Stockcommon stock, no $.01 par value per share, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 3,100,000 shares of Common Stockcommon stock, no $.01 par value per share, to be sold by certain of the Selling Shareholders Stockholders are hereinafter called the "Selling Shareholder Stockholder Shares." The Company Shares and the Selling Shareholder Stockholder Shares are hereinafter collectively referred to as the "Firm Shares." The --------------------- /1/ Plus an option to purchase up to 1,155,000 additional shares from the Company and certain Selling Shareholders Stockholders to cover over-allotments. Company and the Selling Stockholders also propose to grant, severally and not jointly, to the Underwriters an option to purchase up to 525,000 1,155,000 additional shares of the Company's Common Stockcommon stock, no $.01 par value per share, share (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stockcommon stock, no $.01 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."
Appears in 1 contract
Description of Shares. The Company proposes to issue and sell 2,700,000 1,800,000 shares of its authorized and unissued Common Stockcommon stock, no par value $0.001 per share, to the several Underwriters. Certain The Selling ShareholdersStockholders, acting severally and not jointly, propose to sell an aggregate of 800,000 200,000 shares of the Company's authorized and outstanding Common Stockcommon stock, no par value $0.001 per share, to the several Underwriters. The 2,700,000 1,800,000 shares of Common Stockcommon stock, no par value $0.001 per share, of the Company to be sold by the Company are hereinafter called the "Company Shares" and the 800,000 200,000 shares of Common Stockcommon stock, no par value $0.001 per share, to be sold by certain of the Selling Shareholders Stockholders are hereinafter called the "Selling Shareholder Stockholder Shares." The Company Shares and the Selling Shareholder Stockholder Shares are hereinafter collectively referred to as the "Firm Shares." The Company and certain Selling Shareholders also propose proposes to grant, severally and not jointly, grant to the Underwriters an option to purchase up to 525,000 300,000 additional shares of the Company's Common Stockcommon stock, no par value $0.001 per share, (the "Option Shares"), as provided in Section 7 hereof. As used in this Agreement, the term "Shares" shall include the Firm Shares and the Option Shares. All shares of Common Stockcommon stock, no par value $0.001 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby, including the Shares, are hereinafter referred to as "Common Stock."
Appears in 1 contract