Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•], the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule I, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 2 contracts
Samples: Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.)
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of $ for the Common Stock of $[•]Stock, the Company agrees to sell to each Underwriter the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 2 contracts
Samples: Underwriting Agreement (First Community Bancorp /Ca/), Underwriting Agreement (Anworth Mortgage Asset Corp)
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]24.25, the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 2 contracts
Samples: Underwriting Agreement (Customers Bancorp, Inc.), Underwriting Agreement (Customers Bancorp, Inc.)
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of [$[•___], the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite such Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 2 contracts
Samples: Underwriting Agreement (Specialty Underwriters Alliance, Inc.), Underwriting Agreement (Specialty Underwriters Alliance, Inc.)
Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]forth in this Agreement, the Company agrees to sell and to issue to the Underwriters the aggregate number of Initial Shares set forth in Schedule I, and each Underwriter agrees, severally and not jointly, to purchase from the Company Company, at a purchase price of $13.99 per share (the “Purchase Price”), that number of Initial Shares set forth in Schedule I A opposite the name of such Underwriter’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives Representatives, in their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]________, the Company agrees to sell to each of the Underwriters the aggregate number of Initial Shares set forth in opposite its name on Schedule I, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (TRM Corp)
Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]$ , the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, by wire transfer or other same day funds, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]_____, the Company and each Selling Stockholder agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Stockholders the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]24.2125 for the Preferred Stock, the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]24.765, the Company Selling Shareholder agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company Selling Shareholder the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]forth in this Agreement, the Company agrees to sell and to issue to the Underwriters the aggregate number of Initial Shares set forth in Schedule I, and each Underwriter agrees, severally and not jointly, to purchase from the Company Company, at a purchase price of $17.424 per share (the “Purchase Price”), that number of Initial Shares set forth in Schedule I A opposite the name of such Underwriter’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives Representatives, in their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]12.35, the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite each Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]9.30, the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule I, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Turning Point Brands, Inc.)
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]$ , the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]2.35625, the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, case to such adjustments among the Underwriters as the Representatives Underwriters in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forthforth in this Agreement, at the purchase price per share of Common Stock of $[•·], (i) the Company agrees to sell to the Underwriters the an aggregate number of [·] Initial Shares set forth in Schedule I, and (ii) each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I to this Agreement opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof9, subject in each case, case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Aspire Real Estate Investors, Inc.)
Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]25.00, the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite each Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]11.16 per share, the Company agrees to sell to each of the Underwriters the aggregate number of Initial Shares set forth in on Schedule I, I opposite its name and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in on Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representatives, in their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]10.15, the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite each Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]forth in this Agreement, the Company agrees to sell and to issue to the Underwriters the aggregate number of Initial Shares set forth in Schedule I, and each Underwriter agrees, severally and not jointly, to purchase from the Company Company, at a purchase price of $14.87 per share (the “Purchase Price”), that number of Initial Shares set forth in Schedule I A opposite the name of such Underwriter’s name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives Representatives, in their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price Purchase Price per share of Common Stock Depositary Share of $[•]24.2125, the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon Subject to the provisions of Section 2(c), upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]$ , the Company agrees to sell to each of the Underwriters the aggregate number of Initial Shares set forth in Schedule I, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Madison Square Capital, Inc.)
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of $________ for the Common Stock of $[•]Stock, the Company agrees to sell to each Underwriter the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Anworth Mortgage Asset Corp)
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•[ ¡ ], the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares; provided that the purchase price per share of Initial Shares sold to the individuals set forth on Schedule V shall be $ per share.
Appears in 1 contract
Samples: Underwriting Agreement (Atlantic Coast Financial CORP)
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•[ ], the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•]24.2125 for the Preferred Stock, the Company agrees to sell to each Underwriter the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Anworth Mortgage Asset Corp)
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of $________ for the Common Stock of $[•]Stock, the Company agrees to sell to each Underwriter the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Anworth Mortgage Asset Corp)
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of $ for the Common Stock of $[•]Stock, the Company agrees to sell to each Underwriter the Underwriters the aggregate number of Initial Shares set forth in Schedule I, I opposite its name and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Samples: Underwriting Agreement (Pacific Premier Bancorp Inc)
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•$ ], the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule I, I opposite its name and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract
Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[•________], the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule II opposite each Underwriter's name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.
Appears in 1 contract