Limitation on Transactions by Underwriters. Except as permitted by you, we will not during the term of this Agreement bid for, purchase, sell or attempt to induce others to purchase or sell, directly or indirectly, any Securities other than (i) as provided in the Underwriting Agreement and in this agreement, (ii) purchases from or sales to dealers of the Securities at the public offering price less all or any part of the reallowance to dealers or (iii) purchases or sales by us of any Securities as broker or unsolicited orders for the account of others. We represent that we have not participated in any transaction prohibited by the preceding paragraph and that we have at all times complied with the provisions of Rule 10b-6 and Rule 10b-6A under the 1934 Act applicable to this offering. We may, with your prior consent, make purchases of the Securities from and sales to other Underwriters at the public offering price, less all or any part of the concession to dealers.
Limitation on Transactions by Underwriters. If the Securities are common stock of the Issuer (COMMON STOCK) or securities of the Issuer that may be exchanged for or converted into Common Stock, we agree that we will not, without the advance approval of X.X. Xxxxxxx & Sons, Inc., buy, sell, deal or trade in (a) any Common Stock, (b) any security of the Issuer convertible into Common Stock or (c) any right or option to acquire or sell Common Stock or any security of the Issuer exchangeable for or convertible into Common Stock, for our own account or for the account of a customer, except:
Limitation on Transactions by Underwriters. If the Securities are shares of common stock ("Common Stock") of the Issuer or securities of the Issuer that may be exchanged for or converted into Common Stock, we agree that we will not, without the express prior written consent of EVEREN, buy, sell, deal or trade in (i) any Common Stock, (ii) any security of the Issuer convertible into Common Stock or (iii) any right or option to acquire or sell Common Stock or any security of the Issuer convertible into Common Stock, for our own account or for the account of a customer, except: (a) as provided for in this Agreement or the Underwriting Agreement; (b) that we may convert any security of the Issuer convertible into Common Stock owned by us and sell the Common Stock acquired upon such conversion and that we may deliver Common Stock owned by us upon the exercise of any option written by us as permitted by the provisions set forth herein; (c) in brokerage transactions on unsolicited orders which have not resulted from activities on our part in connection with the solicitation of purchases and which are executed by using the ordinary course of our brokerage business; and (d) than on or after the date of the initial public offering of the Securities, we may execute covered writing transactions in options to acquire Common Stock, when such transactions are covered by Securities, for the accounts of customers. An opening uncovered writing transaction in options to acquire Common Stock for our account or for the account of a customer shall be deemed, for purposes of this Section 8, to be a sale of Common Stock which is not unsolicited. The term "opening uncovered writing transaction in options to acquire" as used above means a transaction where the seller intends to become a writer of an option to purchase any Common Stock which he does not own. An opening uncovered purchase transaction in options to sell Common Stock for our account or for the account of a customer shall be deemed, for purposes of this paragraph, to be a sale of Common Stock which is not unsolicited. The term "opening uncovered purchase transaction in options to sell" as used above means a transaction where the purchaser intends to become an owner of an option to sell Common Stock which he does not own. If the Securities are not shares of Common Stock or securities of the Issuer that may be exchanged for or converted into Common Stock, we agree that we will not bid for or purchase, or attempt to induce any other person to purchase, any Securitie...
Limitation on Transactions by Underwriters. If the Securities are shares of common stock (Common Stock) of the Issuer or securities of the Issuer that may be exchanged for or converted into Common Stock, we agree that we will not, without the advance approval of Xxxxxxxxx, Lufkin & Xxxxxxxx Securities Corporation, buy, sell, deal or trade in (i) any Common Stock, (ii) any security of the Issuer convertible into Common Stock or (iii) any right or option to acquire or sell Common Stock or any security of the Issuer convertible into Common Stock, for our own account or for the account of a customer, except:
Limitation on Transactions by Underwriters. Except as permitted by you, we will not during the term of this Agreement bid for, purchase, sell or attempt to induce others to purchase or sell, directly or indirectly, any Securities other than (i) as provided in the Underwriting Agreement and in this agreement, (ii) purchases from or sales to dealers of the Securities at the public offering price less all or any part of the reallowance to dealers or (iii) purchases or sales by us of any Securities as broker or unsolicited orders for the account of others. We represent that we have not participated in any transaction prohibited by the preceding paragraph and that we have at all times complied with the provisions of Regulation M applicable to this offering. We may, with your prior consent, make purchases of the Securities from and sales to other Underwriters at the public offering price, less all or any part of the concession to dealers.
Limitation on Transactions by Underwriters. Except as permitted by you, we will not during the term of this Agreement bid for, purchase, sell or attempt to induce others to purchase or sell, directly or indirectly, any Securities other than (i) as provided in the Underwriting Agreement and in this agreement, (ii) purchases from or sales to dealers of the Securities at the public offering price less all or any part of the reallowance to dealers or (iii) purchases or sales by us of any Securities as broker or unsolicited orders for the account of others.
