Firm Common Shares. On the basis of the representations, warranties ------------------ and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to you or to the Underwriters, as the case may be, the Firm Common Shares which are in the amount of 700,000 shares. You or, if applicable, you on behalf of the Underwriters agree, severally and not jointly, as the case may be, to purchase from the Company the number of Firm Common Shares described below which are in the aggregate equal to 700,000 shares. The purchase price per share to be paid by you or the several Underwriters, as the case may be, to the Company shall be $ ____ per share. The obligation of you or, if applicable, each Underwriter to the Company shall be to purchase from the Company that number of Firm Common Shares which is equal to the number of shares set forth opposite the name of you or such Underwriter, as the case may be, in Schedule A hereto. Delivery of definitive certificates for the Firm Common Shares to be purchased by the Underwriters pursuant to this Section 5 shall be made against payment of the purchase price therefor by the several Underwriters by certified or official bank check or checks drawn in next-day funds, payable to the order of the Company (and the Company agrees not to deposit any such check in the bank on which it is drawn until the day following the date of its delivery to the Company) at the offices of Xxxxx Financial Services, Inc., 00 X. Xxxxx Street, Suite 2411, Chicago, Illinois, or such other place as may be agreed upon between the Company and Xxxxx Financial Services, Inc. as Representative of the Underwriters, at 9:00 a.m., Chicago time, on the third (3/rd/) full business day following the first day that Common Shares are traded or at such other time and date not later than seven (7) full business days following the first day that Common Shares are traded as the Representative and the Company may determine, such time and date of payment and delivery being herein called the "First Closing Date." The certificates for the Firm Common Shares to be so delivered will be made available to the Representative at such office or such other location as you may reasonably request for checking at least one (1) full business day prior to the First Closing Date and will be in such names and denominations as requested by the Representative, such request to be made at least two (2) full business days prior to the First Closing Date. If the Representative so elects, delivery of the Firm Common Shares may be made by credit through full fast transfer to the account at the Depository Trust Company designated by the Representative.
Appears in 2 contracts
Samples: Underwriting Agreement (Eldorado Artesian Springs Inc), Underwriting Agreement (Eldorado Artesian Springs Inc)
Firm Common Shares. On the basis of the representations, warranties and ------------------ and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to you or to the Underwriters, as the case may be, the Firm Common Shares which are in the amount of 700,000 shares. You or, if applicable, you on behalf of the Underwriters agree, severally and not jointly, as the case may be, to purchase from the Company the number of Firm Common Shares described below which are in the aggregate equal to 700,000 shares. The purchase price per share to be paid by you or the several Underwriters, as the case may be, to the Company shall be $ ____ per share. The obligation of you or, if applicable, each Underwriter to the Company shall be to purchase from the Company that number of Firm Common Shares which is equal to the number of shares set forth opposite the name of you or such Underwriter, as the case may be, in Schedule A hereto. Delivery of definitive certificates for the Firm Common Shares to be purchased by the Underwriters pursuant to this Section 5 shall be made against payment of the purchase price therefor by the several Underwriters by certified or official bank check or checks drawn in next-day funds, payable to the order of the Company (and the Company agrees not to deposit any such check in the bank on which it is drawn until the day following the date of its delivery to the Company) at the offices of Xxxxx Financial Services, Inc., 00 X. Xxxxx Street, Suite 2411, Chicago, Illinois, or such other place as may be agreed upon between the Company and Xxxxx Financial Services, Inc. as Representative of the Underwriters, at 9:00 a.m., Chicago time, on the third (3/rd/3rd) full business day following the first day that Common Shares are traded or at such other time and date not later than seven (7) full business days following the first day that Common Shares are traded as the Representative and the Company may determine, such time and date of payment and delivery being herein called the "First Closing Date." The certificates for the Firm Common Shares to be so delivered will be made available to the Representative at such office or such other location as you may reasonably request for checking at least one (1) full business day prior to the First Closing Date and will be in such names and denominations as requested by the Representative, such request to be made at least two (2) full business days prior to the First Closing Date. If the Representative so elects, delivery of the Firm Common Shares may be made by credit through full fast transfer to the account at the Depository Trust Company designated by the Representative.
Appears in 1 contract
Samples: Underwriting Agreement (Eldorado Artesian Springs Inc)
Firm Common Shares. On the basis of the representations, warranties ------------------ and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to you or to the Underwriters, as the case may be, the Firm Common Shares which are in the amount of 700,000 800,000 shares. You or, if applicable, you on behalf of the Underwriters agree, severally and not jointly, as the case may be, to purchase from the Company the number of Firm Common Shares described below which are in the aggregate equal to 700,000 800,000 shares. The purchase price per share to be paid by you or the several Underwriters, as the case may be, to the Company shall be $ $_______ per share. share The obligation of you or, if applicable, each Underwriter to the Company shall be to purchase from the Company that number of Firm Common Shares which is equal to the number of shares set forth opposite the name of you or such Underwriter, as the case may be, in Schedule A hereto. Delivery of definitive certificates for the Firm Common Shares to be purchased by the Underwriters pursuant to this Section 5 and payment therefor shall be made against payment of the purchase price therefor by the several Underwriters by certified or official bank check or checks drawn in next-day funds, payable to the order of the Company (and the Company agrees not to deposit any such check in the bank on which it is drawn until the day following the date of its delivery to the Company) at the offices of Xxxxx Financial Services, Inc., 00 X. Xxxxx Street, Suite 2411, Chicago, Illinois, Illinois (or such other place as may be agreed upon between by the Company and Xxxxx Financial Servicesyou) at such time and date, Inc. as Representative of not later than the Underwriters, at 9:00 a.m., Chicago time, on the third (3/rd/) fifth full business day following the first day that Common Shares are traded effective date of the Registration Statement, as you shall designate by at least 48 hours prior notice to the Company (or at such other time and date date, not later than seven (7) one week after such fifth full business days following the first day that Common Shares are traded as the Representative and may be agreed upon by the Company may determine, such time and date of payment and delivery being herein called you) (the "First Closing Date." "). Delivery of certificates for the Firm Common Shares shall be made by or on behalf of the Company to you, for your account or for the respective accounts of the Underwriters, as the case may be, with respect to the Firm Common Shares to be sold by the Company against payment by you, for your account or for the accounts of the several Underwriters, as the case may be, of the purchase price therefor by certified or official bank checks payable in Chicago Clearing House (next day) funds to the order of the Company. The certificates for the Firm Common Shares to shall be so delivered will be made available to the Representative at such office or such other location as you may reasonably request for checking at least one (1) full business day prior to the First Closing Date and will be registered in such names and denominations as you shall have requested by the Representative, such request to be made at least two (2) full business days prior to the First Closing Date, and shall be made available for checking and packaging on the business day preceding the First Closing Date at a location in Chicago, Illinois as may be designated by you. If the Representative so elects, delivery Time shall be of the Firm Common Shares may be made by credit through full fast transfer to the account essence, and delivery at the Depository Trust Company designated by time and place specified in this Agreement is a further condition to your obligations or the Representativeobligations of the Underwriters, as the case may be.
Appears in 1 contract
Samples: Underwriting Agreement (United Financial Mortgage Corp)
Firm Common Shares. On the basis of the representations, warranties ------------------ and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to you or to the Underwriters, as the case may be, the Firm Common Shares which are in the amount of 700,000 _________ shares. You or, if applicable, you on behalf of the Underwriters agree, severally and not jointly, as the case may be, to purchase from the Company the number of Firm Common Shares described below which are in the aggregate equal to 700,000 __________ shares. The purchase price per share to be paid by you or the several Underwriters, as the case may be, to the Company shall be $ $________ per share. The obligation of you or, if applicable, each Underwriter to the Company shall be to purchase from the Company that number of Firm Common Shares which is equal to the number of shares set forth opposite the name of you or such Underwriter, as the case may be, in Schedule A hereto. Delivery of definitive certificates for the Firm Common Shares to be purchased by the Underwriters pursuant to this Section 5 and payment therefor shall be made against payment of the purchase price therefor by the several Underwriters by certified or official bank check or checks drawn in next-day funds, payable to the order of the Company (and the Company agrees not to deposit any such check in the bank on which it is drawn until the day following the date of its delivery to the Company) at the offices of Xxxxx Financial Services, Inc., 00 X. Xxxxx Street, Suite 2411, Chicago, Illinois, Illinois (or such other place as may be agreed upon between by the Company and Xxxxx Financial Servicesyou) at such time and date, Inc. as Representative of not later than the Underwriters, at 9:00 a.m., Chicago time, on the third (3/rd/) fifth full business day following the first day that Common Shares are traded effective date of the Registration Statement, as you shall designate by at least 48 hours prior notice to the Company (or at such other time and date date, not later than seven (7) one week after such fifth full business days following the first day that Common Shares are traded as the Representative and may be agreed upon by the Company may determine, such time and date of payment and delivery being herein called you) (the "First Closing Date." "). Delivery of certificates for the Firm Common Shares shall be made by or on behalf of the Company to you, for your account or for the respective accounts of the Underwriters, as the case may be, with respect to the Firm Common Shares to be sold by the Company against payment by you, for your account or for the accounts of the several Underwriters, as the case may be, of the purchase price therefor by certified or official bank checks payable in Chicago Clearing House (next day) funds to the order of the Company. The certificates for the Firm Common Shares to shall be so delivered will be made available to the Representative at such office or such other location as you may reasonably request for checking at least one (1) full business day prior to the First Closing Date and will be registered in such names and denominations as you shall have requested by the Representative, such request to be made at least two (2) full business days prior to the First Closing Date, and shall be made available for checking and packaging on the business day preceding the First Closing Date at a location in Chicago, Illinois as may be designated by you. If the Representative so elects, delivery Time shall be of the Firm Common Shares may be made by credit through full fast transfer to the account essence, and delivery at the Depository Trust Company designated by time and place specified in this Agreement is a further condition to your obligations or the Representativeobligations of the Underwriters, as the case may be.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (United Financial Mortgage Corp)