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

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 21 contracts

Samples: Underwriting Agreement (Flewber Global Inc.), Underwriting Agreement (EzFill Holdings Inc), Underwriting Agreement (Flewber Global Inc.)

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Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 16 contracts

Samples: Underwriting Agreement (Truleum, Inc.), Underwriting Agreement (Forza X1, Inc.), Underwriting Agreement (Twin Vee PowerCats, Co.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 15 contracts

Samples: Underwriting Agreement (BranchOut Food Inc.), Underwriting Agreement (Ammo, Inc.), Underwriting Agreement (Laser Photonics Corp)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 12 contracts

Samples: Underwriting Agreement (MAIA Biotechnology, Inc.), Underwriting Agreement (Expion360 Inc.), Underwriting Agreement (Transcode Therapeutics, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 11 contracts

Samples: Underwriting Agreement (Vitro Biopharma, Inc.), Underwriting Agreement (Rise Oil & Gas, Inc.), Underwriting Agreement (Glimpse Group, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 11 contracts

Samples: Underwriting Agreement (Vocodia Holdings Corp), Underwriting Agreement (Tivic Health Systems, Inc.), Underwriting Agreement (Tivic Health Systems, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”).

Appears in 11 contracts

Samples: Underwriting Agreement (Eleison Pharmaceuticals Inc), Underwriting Agreement (Hunting Dog Capital Corp.), Underwriting Agreement (Sensus Healthcare, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s Class A common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 8 contracts

Samples: Underwriting Agreement (Sidus Space Inc.), Underwriting Agreement (AgileThought, Inc.), Underwriting Agreement (AgileThought, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s Class A common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 6 contracts

Samples: Underwriting Agreement (MAIA Biotechnology, Inc.), Underwriting Agreement (MAIA Biotechnology, Inc.), Underwriting Agreement (MAIA Biotechnology, Inc.)

Nature and Purchase of Firm Shares. (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 sell in the aggregate [*] common shares of the Company, no par value (the “Common Shares”), and sell each Underwriter agrees to purchase, severally and not jointly, at the several UnderwritersClosing, an aggregate of [*] shares Common Shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 6 contracts

Samples: Underwriting Agreement (Metros Development Co., Ltd.), Underwriting Agreement (Metros Development Co., Ltd.), Underwriting Agreement (Libera Gaming Operations, Inc)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 6 contracts

Samples: Underwriting Agreement (Biocept Inc), Underwriting Agreement (Cancer Genetics, Inc), Underwriting Agreement (Evoke Pharma Inc)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●[ ] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 6 contracts

Samples: Underwriting Agreement (Diamir Biosciences Corp.), Underwriting Agreement (Trio Petroleum Corp.), Underwriting Agreement (Trio Petroleum Corp.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●[ ] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 6 contracts

Samples: Underwriting Agreement (Intensity Therapeutics, Inc.), Underwriting Agreement (Intensity Therapeutics, Inc.), Underwriting Agreement (HCW Biologics Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 6 contracts

Samples: Underwriting Agreement (Lirum Therapeutics, Inc.), Underwriting Agreement (Lirum Therapeutics, Inc.), Underwriting Agreement (Lirum Therapeutics, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, the The Company agrees to issue and sell to the several Underwriters, an aggregate of [●[ ] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 5 contracts

Samples: Underwriting Agreement (Wetouch Technology Inc.), Underwriting Agreement (Wetouch Technology Inc.), Underwriting Agreement (Clean Energy Technologies, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 5 contracts

Samples: Underwriting Agreement (Nuvectis Pharma, Inc.), Underwriting Agreement (LMP Automotive Holdings Inc.), Underwriting Agreement (Staffing 360 Solutions, Inc.)

Nature and Purchase of Firm Shares. (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 sell in the aggregate [*] ordinary shares of the Company, par value $0.001 per share (the “Ordinary Shares”), and sell each Underwriter agrees to purchase, severally and not jointly, at the several UnderwritersClosing, an aggregate of [*] shares Ordinary Shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 5 contracts

Samples: Underwriting Agreement (Zerospo), Underwriting Agreement (Zerospo), Underwriting Agreement (Zerospo)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 4 contracts

Samples: Underwriting Agreement (Six15 Technologies Holding Corp.), Underwriting Agreement (Samsara Vision, Inc), Underwriting Agreement (iSpecimen Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 1,500,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 4 contracts

Samples: Underwriting Agreement (Azitra Inc), Underwriting Agreement (Eastside Distilling, Inc.), Underwriting Agreement (NXT-Id, Inc.)

Nature and Purchase of Firm Shares. (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 sell in the aggregate [*] shares of Class A common stock of the Company, par value $0.001 per share (the “Common Stock”), and sell each Underwriter agrees to purchase, severally and not jointly, at the several UnderwritersClosing, an aggregate of [*] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 4 contracts

Samples: Underwriting Agreement (CaliberCos Inc.), Underwriting Agreement (CaliberCos Inc.), Underwriting Agreement (CaliberCos Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 1,000,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 4 contracts

Samples: Underwriting Agreement (Vocodia Holdings Corp), Underwriting Agreement (Vocodia Holdings Corp), Underwriting Agreement (Vocodia Holdings Corp)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, no par value $0.0001 per share (the “Common Stock”).

Appears in 4 contracts

Samples: Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (Harbor Custom Development, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares ("Firm Shares") of the Company’s 's common stockshares, par value $0.0001 per share (the "Common Stock”Shares").

Appears in 3 contracts

Samples: Underwriting Agreement (Gamer Pakistan Inc), Underwriting Agreement (Gamer Pakistan Inc), Underwriting Agreement (Gamer Pakistan Inc)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (each, a “Firm Share” and collectively, the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.000001 per share (the “Common Stock”).

Appears in 3 contracts

Samples: Underwriting Agreement (EVmo, Inc.), Underwriting Agreement (EVmo, Inc.), Underwriting Agreement (EVmo, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [·] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”).

Appears in 3 contracts

Samples: Underwriting Agreement (Kips Bay Medical, Inc.), Underwriting Agreement (Kips Bay Medical, Inc.), Underwriting Agreement (Kips Bay Medical, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 3,000,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 3 contracts

Samples: Underwriting Agreement (Twin Vee PowerCats, Co.), Underwriting Agreement (Forza X1, Inc.), Underwriting Agreement (Twin Vee PowerCats, Co.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] authorized but unissued shares (the “Firm Shares”) of common stock of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 3 contracts

Samples: Underwriting Agreement (Atlas Lithium Corp), Underwriting Agreement (Atlas Lithium Corp), Underwriting Agreement (Emulate Therapeutics, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, $0.01 par value $0.0001 per share (the “Common Stock”).

Appears in 3 contracts

Samples: Underwriting Agreement (Sacks Parente Golf, Inc.), Underwriting Agreement (Sacks Parente Golf, Inc.), Underwriting Agreement (Sacks Parente Golf, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [___] shares (“Firm Shares”) of the Company’s common stockordinary shares, par value $0.0001 per share (the “Common StockOrdinary Shares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Chi Ko Holdings LTD), Underwriting Agreement (Chi Ko Holdings LTD)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 5,500,000 shares (“Firm Shares”) of the Company’s common stockordinary shares, par value $0.0001 per share (the “Common StockOrdinary Shares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Hongli Group Inc.), Underwriting Agreement (Hongli Group Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 $ 0.000001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Microlin Bio, Inc.), Underwriting Agreement (Microlin Bio, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 1,250,000 authorized but unissued shares of Common Stock (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Jupiter Wellness, Inc.), Underwriting Agreement (SRM Entertainment, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Sushi Ginza Onodera, Inc.), Underwriting Agreement (Sushi Ginza Onodera, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stockordinary shares, NIS 0.25 par value $0.0001 per share (the “Common StockOrdinary Shares”).

Appears in 2 contracts

Samples: Underwriting Agreement (SuperCom LTD), Underwriting Agreement (SuperCom LTD)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 1,800,000 authorized but unissued shares of Common Stock (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (SRM Entertainment, Inc.), Underwriting Agreement (SRM Entertainment, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] ______ shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Hancock Jaffe Laboratories, Inc.), Underwriting Agreement (Hancock Jaffe Laboratories, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [*] shares of common stock of the Company, par value $0.00001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of [*] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Actelis Networks Inc), Underwriting Agreement (Actelis Networks Inc)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forthforth herein, the Company agrees to issue and sell to the several Underwriters, Underwriters an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Perfect Moment Ltd.), Underwriting Agreement (Perfect Moment Ltd.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 5,000,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common StockShares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Timberline Resources Corp), Underwriting Agreement (Timberline Resources Corp)

Nature and Purchase of Firm Shares. (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 several UnderwritersUnderwriters named in Schedule 1 hereto, an aggregate of [●] authorized but unissued shares (the “Firm Shares”) of common stock of the Company’s common stock, par value $0.0001 per share (the “Common Stock”) at a purchase price of $[●] per Firm Share (92% of the public offering price for each Firm Share).

Appears in 2 contracts

Samples: Underwriting Agreement (Elephant Oil Corp.), Underwriting Agreement (Elephant Oil Corp.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●[ ● ] shares (the “Firm Shares”) of the Company’s common stockshares, par value $0.0001 0.001 per share (the “Common StockShares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Sachem Capital Corp.), Underwriting Agreement (Sachem Capital Corp.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Sg Blocks, Inc.), Underwriting Agreement (Eyegate Pharmaceuticals Inc)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Globeimmune Inc), Underwriting Agreement (Globeimmune Inc)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 1,875,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common StockShares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Nyiax, Inc.), Underwriting Agreement (Nyiax, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] authorized but unissued shares (the “Firm Shares”) of Class A common stock of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Yoshiharu Global Co.), Underwriting Agreement (Yoshiharu Global Co.)

Nature and Purchase of Firm Shares. (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 several UnderwritersUnderwriter, an aggregate of [●] 2,000,000 ordinary shares (“Firm Shares”) of the Company’s common stock), par value $0.0001 per share (the “Common StockOrdinary Shares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Rectitude Holdings Ltd.), Underwriting Agreement (Rectitude Holdings Ltd.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●[ ] shares of Common Stock (“Firm Shares”) of the Company’s common stock), par value $0.0001 0.01 per share (the “Common StockShares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Peak Resorts Inc), Underwriting Agreement (Peak Resorts Inc)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares 1,000,000shares (“Firm Shares”) of the Company’s common stock, $0.0001 par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Mobile Global Esports, Inc.), Underwriting Agreement (Mobile Global Esports, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stockordinary shares, par value $0.0001 NIS 0.01 per share (the “Common StockOrdinary Shares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Beamr Imaging Ltd.), Underwriting Agreement (Alcobra Ltd.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [_________] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the Common StockStock ”).

Appears in 2 contracts

Samples: Underwriting Agreement (Akers Biosciences Inc), Underwriting Agreement (Semler Scientific, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [1,100,000] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (BranchOut Food Inc.), Underwriting Agreement (BranchOut Food Inc.)

Nature and Purchase of Firm Shares. (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, severally and not jointly, to the several Underwriters, an aggregate of [●[ ] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common StockShares”).

Appears in 2 contracts

Samples: Underwriting Agreement (Surgivision Inc), Underwriting Agreement (Surgivision Inc)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Treasure Global Inc), Underwriting Agreement (LMP Automotive Holdings Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 1,250,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 2 contracts

Samples: Underwriting Agreement (Kiromic Biopharma, Inc.), Underwriting Agreement (Cytosorbents Corp)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [1,000,000] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (LMP Automotive Holdings, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] up to 2,400,000 authorized but unissued shares (the “Firm Shares”) of common stock of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (SOBR Safe, Inc.)

Nature and Purchase of Firm Shares. (i) On the basis of the representations and warranties herein contained, but subject Subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters, an aggregate of [____] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (FG Financial Group, Inc.)

Nature and Purchase of Firm Shares. (iA) 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 several Underwriters, Underwriters an aggregate of [●] 2,415,278 shares (“Firm Shares”) of the Company’s Company common stock, par value $0.0001 per share 0.001 (the “Common StockShares”).

Appears in 1 contract

Samples: Underwriting Agreement (PAVmed Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares 1,500,000shares (“Firm Shares”) of the Company’s common stock, $0.0001 par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Mobile Global Esports, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 3,700,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Stemline Therapeutics Inc)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 1,600,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Save Foods Inc.)

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Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 16,000,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Red Cat Holdings, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] (i) 3,875,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”). The offering and sale of the Firm Shares and Option Shares is hereinafter referred to as the “Offering.

Appears in 1 contract

Samples: Underwriting Agreement (Cel Sci Corp)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 3,200,000 shares (“Firm Shares”) of the Company’s common stockshares, no par value $0.0001 per share (the “Common StockShares”).

Appears in 1 contract

Samples: Underwriting Agreement (Snow Lake Resources Ltd.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 5,128,206 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Tg Therapeutics, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 3,529,412 shares (the “Firm Shares”) of the Company’s common stock, $0.001 par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Cocrystal Pharma, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 4,210,527 shares (the “Firm Shares”) of the Company’s common stock, $0.001 par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Cocrystal Pharma, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 2,222,200 shares (each a “Firm Share”, and in the aggregate, the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (MAIA Biotechnology, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per 0.001per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (SMTP, Inc.)

Nature and Purchase of Firm Shares. (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 several UnderwritersUnderwriter, an aggregate of [●] 7,964,804 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Citius Pharmaceuticals, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 20,000,000 shares (“Firm Shares”) of the Company’s 's common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (NeoStem, Inc.)

Nature and Purchase of Firm Shares. (iA) 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 several Underwriters, Underwriters an aggregate of [●] 750,000 shares (the “Firm Shares”) of the Company’s common stock, $0.001 par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Creatd, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●[ ] shares (each a “Firm Share”, and in the aggregate, the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (MAIA Biotechnology, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 5,000,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (NeoStem, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 794,117 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Cel Sci Corp)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] _____ shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Virpax Pharmaceuticals, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stockClass B Common Stock, par value $0.0001 0.001 per share (the “Class B Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (RumbleON, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 4,150,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Sorrento Therapeutics, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s common stockordinary shares, par value $0.0001 per share (the “Common StockFirm Shares”).

Appears in 1 contract

Samples: Underwriting Agreement (FGI Industries Ltd.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [1,250,000] shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (BranchOut Food Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 9,000,000 shares (the “Firm Shares”) of the Company’s common stock, $0.01 par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Opgen Inc)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [] shares (“Firm Shares”) of the Company’s Series A common stock, par value $0.0001 0.01 per share (the “Series A Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Presidio Property Trust, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 1,565,200 shares (“Firm Shares”) of the Company’s Class A common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Biovie Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 1,640,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.0002 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Heat Biologics, Inc.)

Nature and Purchase of Firm Shares. (iA) 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 several Underwriters, Underwriters an aggregate of [●] ordinary shares (“Firm Shares”) of the Company’s common stock), par value $0.0001 per share 0.000001 (the “Common StockOrdinary Shares”).

Appears in 1 contract

Samples: Underwriting Agreement (WF International Ltd.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 2,300,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (LMP Automotive Holdings, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 5,400,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Urban-Gro, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s Class A common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Accustem Sciences Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares 606,395, (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “ Common Stock Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Cel Sci Corp)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 3,294,118 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Muscle Maker, Inc.)

Nature and Purchase of Firm Shares. (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, severally and not jointly, to the several Underwriters, an aggregate of [_____________] shares of Common Stock (“Firm Shares”) of the Company’s common stock), par value $0.0001 0.01 per share (the “Common StockShares”).

Appears in 1 contract

Samples: Underwriting Agreement (Peak Resorts Inc)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 44,200,000 shares (the “Firm Shares” or “Public Securities”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Hepion Pharmaceuticals, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, no par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (SQL Technologies Corp.)

Nature and Purchase of Firm Shares. (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 (the “Offering”) to the several Underwriters, an aggregate of [●] 3,290,000 shares (the “Firm Shares” or the “Public Securities”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Ballantyne Strong, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 4,188,405 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.00001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Staffing 360 Solutions, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 2,875,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 0.001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Sigma Labs, Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] shares (the “Firm Shares”) of the Company’s common stockordinary shares, par value $0.0001 0.00025 per share (the “Common StockOrdinary Shares”).

Appears in 1 contract

Samples: Underwriting Agreement (Linkage Global Inc)

Nature and Purchase of Firm Shares. (iA) 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 several Underwriters, Underwriters an aggregate of [●] shares (“Firm Shares”) of the Company’s common stock, $0.001 par value $0.0001 per share (the “Common Stock”). The [●] shares of Common Stock referred to in this Section 1(a)(i)(A) are hereinafter referred to as the “Firm Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Scopus BioPharma Inc.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 2,000,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Trio Petroleum Corp.)

Nature and Purchase of Firm Shares. (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 several Underwriters, an aggregate of [●] 1,670,000 shares (“Firm Shares”) of the Company’s common stock, par value $0.0001 0.01 per share (the “Common Stock”).

Appears in 1 contract

Samples: Underwriting Agreement (Professional Diversity Network, Inc.)

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