Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof.
Effect of Headings. The Section headings herein are for convenience only and are not part of this Warrant Agreement and shall not affect the interpretation thereof.
Effect of Headings. The Article and Section headings herein and the Table of Contents are for convenience only and shall not affect the construction hereof.
Effect of Headings. The paragraph headings herein are for convenience only and are not part of this Letter Agreement and shall not affect the interpretation thereof.
Effect of Headings. The Section headings herein are for convenience only and shall not effect the construction hereof.
Effect of Headings. The Section headings have been inserted for convenience of reference only, are not to be considered part of this Supplemental Indenture and shall in no way modify or restrict any of the terms or provisions hereof.
Effect of Headings. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions.
Effect of Headings. The section, Schedule and Exhibit headings herein are for convenience only and shall not affect the construction hereof.
Effect of Headings. The headings of the Articles and Sections of this Supplemental Indenture have been inserted for convenience of reference only, are not to be considered a part hereof, and shall in no way modify or restrict any of the terms or provisions hereof.
Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Company a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement between the Underwriter and the Company in accordance with its terms. Very truly yours, By /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Vice President CONFIRMED AND ACCEPTED, as of the date first above written: DEUTSCHE BANK SECURITIES INC. By /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Managing Director By /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Director The purchase price per share for the Securities to be paid by the Underwriter shall be $17.74, subject to adjustment in accordance with Section 2(b) for dividends or distributions declared by the Company and payable on the Initial Securities but not payable on the Option Securities. Name of Underwriter Number of Initial Securities Deutsche Bank Securities Inc. 6,000,000 Total 6,000,000 XXXXXXX-XXXXXX HOLDINGS, INC. 6,000,000 900,000 Total 6,000,000 900,000
1. The Company is selling 6,000,000 shares of Common Stock.
2. The Company has granted an option to the Underwriter to purchase up to an additional 900,000 shares of Common Stock.
3. The initial public offering price per share for the Securities. None. Xxxxxxx X. XxXxxxxx Xxxx Xxxxx Xxxx Xxxxxxxx Xxxxx X. Xxxxxxxxxxx Xxxxxx Xxxxxx Xxxxx X. Xxxxxxx Xxxx Xxxxxx Xxxxx X. Xxxxxxx Xxxxxx Xxxxxxxxx Xxxxx Xxxxxxxxxxx Xxxxxxx X. Xxx Deutsche Bank Securities Inc. 00 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Re: Proposed Public Offering by Xxxxxxx-Xxxxxx Holdings, Inc. Dear Sirs: The undersigned, a stockholder, officer or director of Xxxxxxx-Xxxxxx Holdings, Inc., a Delaware corporation (the “Company”), understands that the Company proposes to enter into an Underwriting Agreement (the “Underwriting Agreement”) with Deutsche Bank Securities Inc. (“Deutsche Bank” or the “Underwriter”) providing for the public offering (the “Public Offering”) of shares (the “Securities”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”). In recognition of the benefit that such an offering will confer upon the undersigned as a stockholder, officer or director of the Company, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned agrees with the Underwriter that, during th...
