Common use of Nature and Purchase of Firm Securities Clause in Contracts

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriter, an aggregate of _______ Million (____,000,000) shares (the “Firm Shares”) of common stock of the Company, par value $0.01 per share (the “Common Stock”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ per Share (90% of the per Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 4 contracts

Samples: Underwriting Agreement (Dais Analytic Corp), Underwriting Agreement (Dais Analytic Corp), Underwriting Agreement (Dais Analytic Corp)

AutoNDA by SimpleDocs

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriter, Underwriter an aggregate of _______ Million (____,000,000) [●] shares (the “Firm Shares”) of common stock of the Company’s Common Stock, par value $0.01 0.0001 per share (the “Common StockShares”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ [●] per Firm Share (9092.0% of the per Firm Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 2 contracts

Samples: Underwriting Agreement (China Shandong Industries, Inc.), Underwriting Agreement (China Shandong Industries, Inc.)

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the UnderwriterUnderwriters, an aggregate of _______ [Five] Million (____,000,000[5,000,000]) shares (the “Firm Shares”) of common stock of the Company, par value $0.01 0.001 per share (the “Common Stock”). (ii) The Underwriter agrees Underwriters agree to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ [3.687] per Share (90% [92.175]% of the per Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 3.1.1 hereof). The public offering price of the Firm Shares is not in excess of the price recommended by the QIU.

Appears in 2 contracts

Samples: Underwriting Agreement (Pulse Biosciences, Inc.), Underwriting Agreement (Pulse Biosciences, Inc.)

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriter, an aggregate of _______ [ ] Million (____,000,000[ ]) shares (the “Firm Shares”) of common stock of the Company, par value $0.01 0.001 per share (the “Common Stock”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ $ per Share (90% of the per Share public offering price)Share. The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Resonant Inc)

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the UnderwriterUnderwriters, an aggregate of _______ Million (____,000,000) 1,840,000 shares (the “Firm Shares”) of common stock of the Company, par value $0.01 0.001 per share (the “Common Stock”). (ii) The Underwriter agrees Underwriters agree to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ 4.8037 per Share (9091.5% of the per Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Imprimis Pharmaceuticals, Inc.)

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriter, an aggregate of _______ Three Million (____,000,0003,000,000) shares (the “Firm Shares”) of common stock of the Company, par value $0.01 0.001 per share (the “Common Stock”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ 4.50 per Share (90% of the per Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Uni-Pixel)

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriter, an aggregate of [___] Million ([_______ Million (____,000,000]) shares (the “Firm Shares”) of common stock of the Company, no par value $0.01 per share (the “Common Stock”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ per Share (9096% of the per Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Second Sight Medical Products Inc)

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell sell, to the Underwriter, an aggregate of _______ Million (____,000,000) 25,000,000 shares (the “Firm Shares”) of common stock of the Company’s Common Stock, par value $0.01 0.001 per share (the “Common StockShares”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ 4.75 per Share (9095.00% of the per Share public share offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Hyperdynamics Corp)

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriter, an aggregate of [_______ ]Million ([____,000,000]) shares (the “Firm Shares”) of Shares”)of common stock of the Company, par value $0.01 0.001 per share (the “Common Stock”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ _per Share (90[__]% of the per Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Imprimis Pharmaceuticals, Inc.)

AutoNDA by SimpleDocs

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell sell, to the Underwriter, an aggregate of _______ Million (____,000,000) ___ shares of common stock (the “Firm Shares”) of common stock of the Company), par value $0.01 0.001 per share (the “Common StockShares”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $[____ ] per Share (9095% of the per Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (SkyPeople Fruit Juice, Inc)

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell sell, to the Underwriter, an aggregate of _______ Million (____,000,000) ___ shares of its common stock (the “Firm Shares”) of common stock of the Company), par value $0.01 0.001 per share (the “Common StockShares”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $[____ ] per Share (9093% of the per Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Kingold Jewelry, Inc.)

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriter, an aggregate of __________ Million (____,000,000) shares (the “Firm Shares”) of common stock of the Company, par value $0.01 per share (the “Common Stock”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ per Share (9092% of the per Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (ZBB Energy Corp)

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriter, an aggregate of _______ Million [ ] (____,000,000[ ]) shares (the “Firm Shares”) of common stock of the Company, par value $0.01 0.001 per share (the “Common Stock”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ [ ] per Share (90[ ]% of the per Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Uni-Pixel)

Nature and Purchase of Firm Securities. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriter, an aggregate of _______ Four Million (____,000,0004,000,000) shares (the “Firm Shares”) of common stock of the Company, par value $0.01 0.00001 per share (the “Common Stock”). (ii) The Underwriter agrees to purchase from the Company the Firm Shares at a purchase price (net of discounts and commissions) of $____ 5.52 per Share (9092% of the per Share public offering price). The Firm Shares are to be offered initially to the public (the “Offering”) at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Energous Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!