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 of the Company’s ordinary shares, par value $0.0001 per share (the “Ordinary Shares”) agrees to sell to the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “Firm Shares”). (ii) 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 a purchase price of $[●] per Firm Share (95% of the per Firm Share public 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 2 contracts

Samples: Underwriting Agreement (Fenbo Holdings LTD), Underwriting Agreement (Fenbo Holdings LTD)

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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 in the several Underwriters, an aggregate of [ [*] shares of common stock of the Company’s ordinary shares, par value $0.0001 0.00001 per share (the “Ordinary SharesCommon Stock) ), and each Underwriter agrees to sell to purchase, severally and not jointly, at the several Underwriters [ Closing, an aggregate of [*] duly authorized Ordinary Shares shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “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 a the purchase price for one Firm Share of $[*] per Firm Share (95or 93% of the per Firm Share public 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 hereofPurchase Price).

Appears in 2 contracts

Samples: Underwriting Agreement (MGO Global Inc.), Underwriting Agreement (MGO 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 to in the several Underwriters, an aggregate of [ [●] shares of Class A common stock of the Company’s ordinary shares, par value $0.0001 per share (the “Ordinary SharesClass A Stock) ), and each Underwriter agrees to sell to purchase, severally and not jointly, at the several Underwriters [ Closing, an aggregate of [●] duly authorized Ordinary Shares shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “Firm Shares”)) of the Class A 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 a the purchase price for one Firm Share of $[●] per Firm Share (95or 93% of the per Firm Share public 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 hereofPurchase Price).

Appears in 2 contracts

Samples: Underwriting Agreement (Rvelocity, Inc.), Underwriting Agreement (Rvelocity, 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 the Company’s ordinary shares, par value $0.0001 per share (the “Ordinary Shares”) and (ii) the Selling Shareholder agrees to sell to the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “Firm Shares”). (ii) The Underwriters, severally and not jointly, agree to purchase from the Company and the Selling Shareholder the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a purchase price of $[●] per Firm Share (9592% of the per Firm Share public 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 2 contracts

Samples: Underwriting Agreement (Fenbo Holdings LTD), Underwriting Agreement (Fenbo 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 in the several Underwriters, an aggregate of [ [●] shares of Class B Common Stock of the Company’s ordinary shares, par value $0.0001 per share (the “Ordinary SharesCommon Stock) ), and each Underwriter agrees to sell to purchase, severally and not jointly, at the several Underwriters [ Closing, an aggregate of [●] duly authorized Ordinary Shares shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “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 a the purchase price for one Firm Share of $[●] per Firm Share (95or 93% of the per Firm Share public 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 hereofPurchase Price).

Appears in 2 contracts

Samples: Underwriting Agreement (CleanCore Solutions, Inc.), Underwriting Agreement (Asset Entities 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 UnderwritersUnderwriters named in Schedule 1 hereto, an aggregate of [ [●] authorized but unissued shares (the “Firm Shares”) of common stock of the Company’s ordinary shares, par value $0.0001 per share (the “Ordinary SharesCommon Stock”) agrees to sell to at a purchase price of $[●] per Firm Share (92% of the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “public offering price for each Firm Shares”Share). (ii) 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 a purchase price of $[●] per Firm Share (9592% of the per Firm Share public offering priceprice 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 2 contracts

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

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 of the Company’s ordinary sharescommon stock, $0.001 par value $0.0001 per share (the “Ordinary SharesCommon Stock) agrees to sell to the several Underwriters ). The [ ] duly authorized Ordinary Shares (the amounts shares of Ordinary Shares Common Stock referred to in clauses (i) and (iithis Section 1(a)(i)(A) are collectively hereinafter referred to herein as, as the “Firm Shares.). (iiB) 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 a purchase price of $[●] per Firm Share (95equal to 92% of the per Firm Share public 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 Offering Statement (as defined in Section 2.1.1 2(a)(i)(B) hereof) (the “Public Offering Price per Firm Unit”).

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, Underwriters an aggregate of [ ] shares __________ of the Company’s authorized and unissued Class A ordinary shares, par value $0.0001 0.00001 per share (the “Ordinary Shares”) agrees to sell ). The Ordinary Shares sold to the several Underwriters [ ] duly authorized Ordinary Shares (by the amounts of Ordinary Shares referred to in clauses (i) and (ii) Company are collectively referred to herein as, as the “Firm Shares”)” herein. (ii) The Firm Shares are to be offered to the public at the offering price per Firm Share as set forth on Schedule 2-A hereto (the “Purchase Price”). The Underwriters, severally several 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 a the purchase price of $[●] ____ per Firm Share (9593% of the per Firm Share public offering pricePurchase 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 (Star Fashion Culture 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 in the several Underwriters, an aggregate of [ [•] common shares of the Company’s ordinary shares, par value $0.0001 per share (the “Ordinary Shares”) share, and each Underwriter agrees to sell to purchase, severally and not jointly, at the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein asClosing, the following securities of the Company an aggregate of [•] shares (“Firm Shares”)) of the Company’s common 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 a the purchase price for one Firm Share of $[] per Firm Share (95% or [[•]%] of the per Firm Share public 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 hereofPurchase Price).

Appears in 1 contract

Samples: Underwriting Agreement (CLPS 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) [•] shares (“Firm Shares”) of the Company’s ordinary sharescommon stock, par value $0.0001 $ 0.000001 per share (the “Ordinary SharesCommon Stock) agrees to sell to the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, warrants (the “Firm Warrants”) to purchase up to [•] of Common Stock of the Company (the “Firm Warrant Shares”). (ii) The Underwriters, severally and not jointly, agree to purchase from the Company the number of Firm Shares and Firm Warrants set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof at a purchase price of $[] per Firm Share share and $[•] per warrant (9592.5% of the per Firm Share public offering price). The Firm Shares and Firm Warrants 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 (Microlin Bio, 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 of the Company’s ordinary shares, par value $0.0001 NIS 0.13 per share (the “Ordinary Shares”) agrees to sell to the several Underwriters [ ). The [●] duly authorized Ordinary Shares (the amounts shares of Ordinary Shares referred to in clauses (i) and (iithis Section 1(a)(i)(A) are collectively hereinafter referred to herein as, as the “Firm Shares.). (iiB) 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 a purchase price of equal to (1) $[●] per Firm Share (9593.0% of the public offering price per Firm Share) for Firm Shares purchased by investors introduced by the Underwriters or (2) $[●] per Closing Share (96.5% of the public offering price). The price per Firm Share) for Firm Shares are to be offered initially to purchased by investors introduced by the public at the offering price set forth on the cover page of the Prospectus (as defined in Section 2.1.1 hereof)Company.

Appears in 1 contract

Samples: Underwriting Agreement (Inspira Technologies OXY B.H.N. 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 in the several Underwriters, an aggregate of [ [●] shares (the “Firm Shares”) of the Company’s ordinary sharescommon stock, par value $0.0001 per share (the “Ordinary SharesCommon Stock) ), and each Underwriter agrees to sell to purchase, severally and not jointly, at the several Underwriters [ ] duly authorized Ordinary Closing, the Firm Shares (in the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “Firm Shares”)set forth beside such Underwriter’s name on Schedule 1 hereto. (ii) The Firm Shares are to be offered to the public at the offering price per one Firm Share as set forth on Schedule 2-A hereto (the “Public Offering 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 a the purchase price for one Firm Share of $[●] per Firm Share (95or 93% of the per Firm Share public 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 hereofPublic Offering Price).

Appears in 1 contract

Samples: Underwriting Agreement (PaxMedica, 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 ordinary sharescommon stock, par value $0.0001 0.001 per share (the “Ordinary Shares”) agrees to sell to the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “Firm SharesCommon Stock”). (ii) 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 a purchase price of $[] per Firm Share share (9593% of the per Firm Share public 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); provided, however, that the purchase price to be paid by the Underwriters for any Firm Shares purchased by existing stockholders, officers or directors of the Company (“Company’s Insiders”) shall be $[•] per share (96% of the per Firm Share offering price).

Appears in 1 contract

Samples: Underwriting Agreement (Ritter 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 (the “Firm Shares”) of the Company’s ordinary sharescommon stock, par value $0.0001 per share (the “Ordinary Shares”) agrees to sell to the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “Firm SharesCommon Stock”). (ii) 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 a purchase price of $[●[ ] per Firm Share (9593% of the per Firm Share public offering price), except with respect to certain of the Company’s existing investors and affiliates thereof identified on Schedule 2-B hereto for which the purchase price per Firm Share will be as set forth therein. 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.)

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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 in the several Underwriters, an aggregate of [ [●] common shares of the Company’s ordinary shares, par value $0.0001 0.000001 per share (the “Ordinary Shares”) share, and each Underwriter agrees to sell to purchase, severally and not jointly, at the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein asClosing, the following securities of the Company an aggregate of [●] shares (“Firm Shares”)) of the Company’s common 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 a the purchase price for one Firm Share of $[●] per Firm Share (95% or [[92]%] of the per Firm Share public 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 hereofPurchase Price).

Appears in 1 contract

Samples: Underwriting Agreement (YayYo, 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 the Company’s ordinary shares, par value $0.0001 per share (the “Ordinary Shares”) agrees to sell to the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “Firm Shares”). (ii) 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 a purchase price of $[●] per Firm Share (9592% of the per Firm Share public 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 (Fenbo 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 and the Selling Stockholder agrees to sell, to the several Underwriters, an aggregate of [ ] shares (“Firm Shares”) of the Company’s ordinary sharesClass A common stock, par value $0.0001 0.01 per share (the “Ordinary SharesCommon Stock) agrees to sell to ). Of the several Underwriters Firm Shares [ ] duly authorized Ordinary Shares (are being sold by the amounts of Ordinary Shares referred to in clauses (i) Company and (ii) [ ] are collectively referred to herein as, being sold by the “Firm Shares”)Selling Stockholder. (ii) The Underwriters, severally and not jointly, agree to purchase (x) from the Company the number of Firm Shares set forth opposite their respective names on Schedule 1 attached hereto and made a part hereof and (y) from the Selling Stockholder the number of Firm Shares set forth opposite their respective names on Schedule 2 attached hereto and made a part hereof , at a purchase price of $[●[ ] per Firm Share (9593% of the per Firm Share public 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 (Gladstone Companies, 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 in the several Underwriters, an aggregate of [ [●] shares of Class A Common Stock of the Company’s ordinary shares, par value $0.0001 0.001 per share (the “Ordinary SharesCommon Stock) ), and each Underwriter agrees to sell to purchase, severally and not jointly, at the several Underwriters [ Closing, an aggregate of [●] duly authorized Ordinary Shares shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “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 a the purchase price for one Firm Share of $[●] per Firm Share (95or 93% of the per Firm Share public 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 hereofPurchase Price).

Appears in 1 contract

Samples: Underwriting Agreement (Reticulate Micro, 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 in the several Underwriters, an aggregate of [ [•] common shares of the Company’s ordinary shares, par value $0.0001 0.001 per share (the “Ordinary Shares”) share, and each Underwriter agrees to sell to purchase, severally and not jointly, at the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein asClosing, the following securities of the Company an aggregate of [•] shares (“Firm Shares”)) of the Company’s common 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 a the purchase price for one Firm Share of $[] per Firm Share (95% or [[•]%] of the per Firm Share public 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 hereofPurchase Price).

Appears in 1 contract

Samples: Underwriting Agreement (CNS 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 [ ] 750,000 shares of the Company’s ordinary shares, par value $0.0001 per share (the “Ordinary Shares”) agrees to sell to the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “Firm Shares”) of the Company’s common stock, $.0001 par value (the “Common Stock”). The Firm Shares are also hereinafter referred to as the “Public Securities” and the offering and sale of the Public Securities is also hereinafter referred to as the “Offering. (ii) 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 a purchase price of $[●] 16.83 per Firm Share (9593.5% of the per Firm Share public 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 (Polar Power, 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 ordinary sharescommon stock, par value $0.0001 0.01 per share (the “Ordinary Shares”) agrees to sell to the several Underwriters [ ] duly authorized Ordinary Shares (the amounts of Ordinary Shares referred to in clauses (i) and (ii) are collectively referred to herein as, the “Firm SharesCommon Stock”). (ii) 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 a purchase price of $[] per Firm Share share (9593% of the per Firm Share public 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); provided, however, that the purchase price to be paid by the Underwriters for any Firm Shares purchased by existing stockholders, officers or directors of the Company (“Company’s Insiders”) shall be $[•] per share (98% of the per Firm Share public offering price).

Appears in 1 contract

Samples: Underwriting Agreement (Eyegate Pharmaceuticals 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 of the Company’s ordinary sharescommon stock, $0.01 par value $0.0001 per share (the “Ordinary SharesCommon Stock) agrees to sell to the several Underwriters ). The [ ] duly authorized Ordinary Shares (the amounts shares of Ordinary Shares Common Stock referred to in clauses (i) and (iithis Section 1(a)(i)(A) are collectively hereinafter referred to herein as, as the “Firm Shares.). (iiB) 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 a purchase price of $[●] per Firm Share (95equal to 92% of the per Firm Share public 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 Offering Statement (as defined in Section 2.1.1 2(a)(i)(B) hereof) (the “Public Offering Price per Firm Share”).

Appears in 1 contract

Samples: Underwriting Agreement (AeroClean Technologies, LLC)

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