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 sell in the aggregate 1,000,000 shares of common stock of the Company, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the purchase price for one Firm Share of $5.58 (or 93% of the Purchase Price).

Appears in 1 contract

Samples: Underwriting Agreement (Hempacco Co., 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 in to the several Underwriters, an aggregate 1,000,000 of 4,150,000 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 6.7425 per share (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (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 in to the several Underwriters, an aggregate 1,000,000 of 1,565,200 shares of common stock (“Firm Shares”) of the Company’s Class A common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 9.30 per share (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (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 in to the several Underwriters, an aggregate 1,000,000 of 4,765,000 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 4.935 per share (or 9394% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (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 sell in the aggregate 1,000,000 1,200,000 shares of common stock of the Company, $0.0001 par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 1,200,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the purchase price for one Firm Share of $5.58 4.65 (or 93% of the Purchase Price).

Appears in 1 contract

Samples: Underwriting Agreement (Signing Day Sports, 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 in to the several Underwriters, an aggregate 1,000,000 of 3,813,559 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $$1.0856 per Firm Share of $5.58 (or 9392% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Avinger 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 in to the several Underwriters, an aggregate 1,000,000 of 11,063,830 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $0.4371 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Avinger 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 in to the several Underwriters, an aggregate 1,000,000 of 1,321,000 shares of common stock (the “Firm Shares”) of the Company’s Class A common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 per Firm Share (or 9393.0% of the Purchase Priceper Firm Share offering price). The Firm Shares (also referred to as , the “Firm Securities” are to be offered initially to the public 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 (Sidus Space 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 in to the aggregate 1,000,000 shares of common stock of the Company, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closingseveral Underwriters, an aggregate of 1,000,000 1,500,000 shares (the “Firm Shares”) of the Common StockCompany’s ordinary shares, par value $0.00025 per share (the “Ordinary Shares”). (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share (net of discounts as set forth in Section 1.3 hereof) of $5.58 (or 93% 4.00 per Firm Share. The Firm Shares are to be offered initially to the public at the offering price set forth on the cover page of the Purchase PriceProspectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Linkage Global 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 in to the several Underwriters, an aggregate 1,000,000 of 1,400,000 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $1.395 per Firm Share of $5.58 (or 9393.0% of the Purchase Priceper Firm Share offering price)). The Firm Shares are to be offered initially to the public 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 (Oragenics 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 in to the several Underwriters, an aggregate 1,000,000 of 1,178,532 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from (A) the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 5.46 per share (or 9391% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Co-Diagnostics, 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 in to the aggregate 1,000,000 shares of common stock of the Company, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closingseveral Underwriters, an aggregate of 1,000,000 3,150,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.0001 per share (the “ Common StockStock “). (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $6.51 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Jaguar Animal Health, 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 in to the several Underwriters, an aggregate 1,000,000 of 3,560,710 shares of common stock (“Firm Shares”) of the Company’s Class A common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 6.51 per share (or 9393.0% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (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 in to the several Underwriters, an aggregate 1,000,000 of 675,000 authorized but unissued shares (the “Firm Shares”) of common stock of the Company, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof hereof, at the a purchase price for one Firm Share of $5.58 per Firm Share (or 93% of the Purchase Pricepublic offering price for each Firm Share). The Firm Shares are to be offered initially to the public 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 (Atlas Lithium 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 in to the several Underwriters, an aggregate 1,000,000 of 4,125,000 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $0.744 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Novume 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 in to the several Underwriters, an aggregate 1,000,000 of 7,143,000 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $0.651 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (ENDRA Life 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 in to the several Underwriters, an aggregate 1,000,000 of 3,695,000 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 0.60 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $2.805 per Firm Share of $5.58 (or 9393.5% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (BK 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 in to the several Underwriters, an aggregate 1,000,000 of 2,678,571 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $5.208 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (SurgePays, 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 in to the several Underwriters, an aggregate 1,000,000 of 10,000,000 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), . The offering and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) sale of the Common StockFirm Shares is hereinafter referred to as the “Offering. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $1.3392 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Avinger 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 in to the several Underwriters, an aggregate 1,000,000 of 3,900,000 shares of common stock (“Firm Shares”) of the Company’s common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 4.65 per share (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Intensity 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 in to the several Underwriters, an aggregate 1,000,000 of 1,600,000 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $2.79 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Save Foods 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 sell in the aggregate 1,000,000 2,160,000 shares of common stock of the Company, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 2,160,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the purchase price for one Firm Share of $5.58 6.475 (or 9392.5% of the Purchase Price).

Appears in 1 contract

Samples: Underwriting Agreement (HF Enterprises 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 in to the several Underwriters, an aggregate 1,000,000 of 1,364,503 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $1.1904 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public at the offering price set forth on Schedule 2A hereto.

Appears in 1 contract

Samples: Underwriting Agreement (My Size, 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 sell in the aggregate 1,000,000 3,000,000 shares of common stock of the Company, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 3,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the purchase price for one Firm Share of $5.58 4.65 (or 93% of the Purchase Price).

Appears in 1 contract

Samples: Underwriting Agreement (HeartCore Enterprises, 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 in to the several Underwriters, an aggregate 1,000,000 of 3,090,909 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $1.5345 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Digital Ally 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 in to the several Underwriters, an aggregate 1,000,000 of 2,145,000 shares of common stock (“Firm Shares”) of the Company’s common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 6.44 per share (or 9392% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Expion360 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 in to the several Underwriters, an aggregate 1,000,000 of 8,564,285 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from (A) the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 1.921 per share (or 9391.5% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Ammo, 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 in to the several Underwriters, an aggregate 1,000,000 of 5,400,000 shares of common stock (“Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 9.36 per share (or 9393.6% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (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 in to the several Underwriters, an aggregate 1,000,000 of 2,250,000 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 7.40 per share (or 9392.5% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (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 in to the several Underwriters, an aggregate 1,000,000 of 7,400,000 shares of common stock (the “Firm Shares”) of the Company’s Class A common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 0.93 per share (or 9393.0% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Marpai, 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 in to the several Underwriters, an aggregate 1,000,000 of 2,521,740 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $1.0695 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Digital Ally 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 in to the several Underwriters, an aggregate 1,000,000 of 4,080,000 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the Common StockStock ”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the purchase price for one of $2.79 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered to the public at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Advaxis, 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 in to the several Underwriters, an aggregate 1,000,000 of 2,285,715 shares of common stock (“Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 1.645 per share (or 9394% of the Purchase Priceper Firm Shares offering price). The Firm Shares are to be offered initially to the public 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 (New Age Beverages 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 in to the several Underwriters, an aggregate 1,000,000 of 2,910,000 shares of common stock (“Firm Shares”) of the Company’s Class B Common Stock, par value $0.001 per share (the “Class B Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 5.115 per share (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1).

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 in to the several Underwriters, an aggregate 1,000,000 of 2,618,532 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $1.1718 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public at the offering price set forth on Schedule 2A hereto.

Appears in 1 contract

Samples: Underwriting Agreement (My Size, 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 in to the several Underwriters, an aggregate 1,000,000 of 3,294,118 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 0.0001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from (A) the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 1.547 per share (or 9391% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (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 in to the aggregate 1,000,000 shares of common stock of the Company, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closingseveral Underwriters, an aggregate of 1,000,000 3, 272,727 shares (“Firm Shares”) of the Common StockCompany’s ordinary shares, no par value per share (the “Ordinary Shares”). (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one Firm Share of $5.58 (or 93% 5.55 per share. The Firm Shares are to be offered initially to the public at the offering price set forth on the cover page of the Purchase PriceProspectus (as defined in Section 2.1.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Genius Group 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 in to the aggregate 1,000,000 shares of common stock of the Company, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closingseveral Underwriters, an aggregate of 1,000,000 shares 12,319,346 (the “Firm Shares”) of the Company’s common stock, par value $0.02 per share (“Common Stock”). (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the purchase price for one of $2.59 per Firm Share of $5.58 (or 9392.5% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered to the public at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1 hereof).

Appears in 1 contract

Samples: Underwriting Agreement (Document Security 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 in to the several Underwriters, an aggregate 1,000,000 of 2,000,000 authorized but unissued shares (the “Firm Shares”) of common stock of the Company, $0.001 par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof hereof, at the a purchase price for one of $1.426 per Firm Share of $5.58 (or 9392% of the Purchase Pricepublic offering price for each Firm Share). The Firm Shares are to be offered initially to the public 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 (Splash Beverage 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 in to the several Underwriters, an aggregate 1,000,000 of 15,789,474 shares of common stock (the “Firm Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and each Underwriter agrees to purchase, severally and not jointly, at the Closing, an aggregate of 1,000,000 shares (“Firm Shares”) of the Common Stock. (ii) The Firm Shares are to be offered together to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at the a purchase price for one of $0.38 per Firm Share of $5.58 (or 93% of the Purchase Priceper Firm Share offering price). The Firm Shares are to be offered initially to the public 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 (Avinger Inc)

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