Common use of Offer and Sale to the Public Clause in Contracts

Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch (if any) to dealers and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession and the relaunch to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer Securities to the public only at the public offering price, except that if a relaunch is in effect, a relaunch from the public offering price not in excess of such relaunch may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed by Section 24(c) of Article III of the Rules of Fair Practice of the National Association of Securities Dealers, Inc. (the "NASD"), and who are either members in good standing of the NASD or foreign brokers or dealers not eligible for membership in the NASD who represent to us that they will promptly rafter such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e).

Appears in 10 contracts

Samples: Master Selected Dealer Agreement (Pimco New York Municipal Income Fund Iii), Master Selected Dealer Agreement (Eaton Vance Insured Ohio Municipal Bond Fund), Master Selected Dealer Agreement (Nicholas Applegate Convertible & Income Fund)

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Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers dealers, and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession concession, and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b3(c) shall be terminated pursuant to Section 45, we agree to offer Securities to the public only at the public offering price, except that if a relaunch reallowance is in effect, a relaunch reallowance from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed by Section 24(c) of Article III Rule 2740 of the Rules of Fair Practice Conduct of the National Association of Securities Dealers, Inc. Financial Industry Regulatory Authority (the "NASD"), “FINRA”) and who are either members in good standing of the NASD FINRA or foreign brokers or dealers not eligible for membership in the NASD FINRA who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e)3(f) hereof.

Appears in 10 contracts

Samples: Agency Agreement (Sunnyside Bancorp, Inc.), Letter Agreement (Hamilton Bancorp, Inc.), Agency Agreement (Hamilton Bancorp, Inc.)

Offer and Sale to the Public. With respect to any Offering of the Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers and the time when we may commence selling the Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession and the relaunch reallowance to dealers. With respect to each Offering of the Securities, until the provisions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer the Securities to the public only at the public offering price, except that if a relaunch reallowance is in effect, a relaunch reallowance from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed by Section 24(cRule 2740(c) of Article III of the Conduct Rules of Fair Practice of the National Association of Securities Dealers, Inc. (the "NASD"), and who are either members in good standing of the NASD or foreign brokers or dealers not eligible for membership in the NASD who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e).

Appears in 7 contracts

Samples: Puerto Rico Residents Tax-Free Fund VI, Inc., Puerto Rico Residents Tax-Free Fund V, Inc., Puerto Rico Residents Tax-Free Fund, Inc.

Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers dealers, and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession concession, and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer Securities to the public only at the public offering price, except that if a relaunch reallowance is in effect, a relaunch reallowance from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed by Section 24(c) of Article III Rule 2740 of the Rules of Fair Practice Conduct of the National Association of Securities Dealers, Inc. (the "NASD"), ) and who are either members in good standing of the NASD or foreign brokers or dealers not eligible for membership in the NASD who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e).

Appears in 3 contracts

Samples: Underwriting Agreement (CNB Inc /Fl), Underwriting Agreement (Republic Bancshares Inc), Ufh Capital Trust I

Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch (if any) to dealers and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession and the relaunch to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer Securities to the public only at the public offering price, except that if a relaunch is in effect, a relaunch from the public offering price not in excess of such relaunch may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the a written agreement prescribed by Section 24(c) of Article III to comply with Rule 5141 of the Rules of Fair Practice of the National Association of Securities Dealers, Inc. Financial Industry Regulatory Authority (the "NASD"“FINRA”), and who are either members in good standing of the NASD FINRA or foreign brokers or dealers not eligible for membership in the NASD FINRA who represent to us that they will promptly rafter offer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e).

Appears in 3 contracts

Samples: www.sec.gov, Master Selected Dealer Agreement (eUnits(TM) 2 Year U.S. Market Participation Trust 2: Upside to Cap / Buffered Downside), Master Selected Dealer Agreement (eUNITs (TM) 2 Year U.S. Market Participation Trust: Upside to Cap / Buffered Downside)

Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers dealers, and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession concession, and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b3(c) shall be terminated pursuant to Section 45, we agree to offer Securities to the public only at the public offering price, except that if a relaunch reallowance is in effect, a relaunch reallowance from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed by Section 24(c) of Article III Rule 2740 of the Rules of Fair Practice Conduct of the National Association of Securities Dealers, Inc. (the "NASD"), ) and who are either members in good standing of the NASD or foreign brokers or dealers not eligible for membership in the NASD who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e)3(f) hereof.

Appears in 3 contracts

Samples: Agency Agreement (Delanco Bancorp Inc), Agency Agreement (Alpena Bancshares Inc), Agency Agreement (Magyar Bancorp, Inc.)

Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers dealers, and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession concession, and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer Securities to the public only at the public offering price, except that if a relaunch is in effect, a relaunch from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed in the investment banking or securities business, who execute the written agreement prescribed by Section 24(c) of Article III Rule 2740 of the Rules of Fair Practice Conduct of the National Association of Securities Dealers, Inc. inc. (the "NASD"), ) and who are either members in good standing of the NASD or foreign brokers or dealers not eligible for membership in the NASD who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e).

Appears in 3 contracts

Samples: Agency Agreement (Monadnock Community Bancorp Inc), Agency Agreement (Colonial Bankshares Inc), Agency Agreement (Mutual Savings Bank)

Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers dealers, and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession concession, and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer Securities to the public only at the public offering price, except that if a relaunch reallowance is in effect, a relaunch reallowance from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed by Section 24(c) of Article III Rule 2740 of the Rules of Fair Practice Conduct of the National Association of Securities Dealers, Inc. (the "NASD"), ) and who are either members in good standing of the NASD or foreign brokers or dealers not eligible for membership in the NASD who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e).

Appears in 2 contracts

Samples: Agency Agreement (Bank Mutual Corp), American Community Bancshares Inc

Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers dealers, and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession concession, and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer Securities to the public only at the public offering price, except that if a relaunch is in effect, a relaunch from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed in the investment banking or securities business who execute the written agreement prescribed by Section 24(c) of Article III Rule 2740 of the Rules of Fair Practice Conduct of the National Association of Securities Dealers, Inc. inc. (the "NASD"), ) and who are either members in good standing of the NASD or foreign brokers or dealers not eligible for membership in the NASD who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e).

Appears in 1 contract

Samples: Agency Agreement (Naugatuck Valley Financial Corp)

Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers dealers, and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession concession, and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer Securities to the public only at the public offering price, except that if a relaunch reallowance is in effect, a relaunch reallowance from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written bankten agreement prescribed by Section 24(c) of Article III Rule 2740 of the Rules of Fair Practice Conduct of the National Association of Securities Dealers, Inc. (the "NASD"), ) and who are either members in good standing of the NASD or foreign brokers or dealers not eligible for membership in the NASD who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e).

Appears in 1 contract

Samples: Agency Agreement (Village Financial Corp)

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Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers dealers, and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession concession, and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b3(c) shall be terminated pursuant to Section 45, we agree to offer Securities to the public only at the public offering price, except that if a relaunch reallowance is in effect, a relaunch reallowance from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed by Section 24(c) of Article III Rule 2740 of the Rules of Fair Practice Conduct of the National Association of Securities Dealers, Inc. Financial Industry Regulatory Authority (the "NASD"), “FINRA”) and who are either members in good standing of the NASD FINRA or foreign brokers or dealers not eligible for membership in the NASD FINRA who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e)3(f) hereof.

Appears in 1 contract

Samples: Agency Agreement (HV Bancorp, Inc.)

Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers dealers, and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession concession, and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer Securities to the public only at the public pubic offering price, except that if a relaunch reallowance is in effect, a relaunch reallowance from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed by Section 24(c) of Article III of the Rules of Fair Practice of the National Association of Securities Dealers, Inc. (the "NASD"), ) and who are either members in good standing of the NASD or foreign brokers or dealers not eligible for membership in the NASD who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e)) hereof.

Appears in 1 contract

Samples: Bay Bancshares Inc

Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers dealers, and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession concession, and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer Securities to the public only at the public offering price, except that if a relaunch reallowance is in effect, a relaunch reallowance from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed by Section 24(c) of Article III of the Rules of Fair Practice of the National Association of Securities Dealers, Inc. (the "NASD"), ) and who are either members in good standing of the NASD or foreign brokers or dealers not eligible for membership in the NASD who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e)) hereof.

Appears in 1 contract

Samples: Master Agreement (Premier Research Worldwide LTD)

Offer and Sale to the Public. With respect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers dealers, and the time when we may commence selling Securities to the public. After such public offering has commenced, you may change the public offering price, the selling concession concession, and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer Securities to the public only at the public offering price, except that if a relaunch reallowance is in effect, a relaunch reallowance from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution to dealers who are actually engaged in the investment banking or securities business, who execute the written agreement prescribed by Section 24(cRule 2740(c) of Article III of the Conduct Rules of Fair Practice of the National Association of Securities Dealers, Inc. (the "NASD"), “Association”) and who are either members in good standing of the NASD Association or foreign brokers or and dealers not eligible for membership in the NASD Association who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e)) hereof.

Appears in 1 contract

Samples: Builder Acquisition Corp

Offer and Sale to the Public. With respect re spect to any Offering of Securities, you will inform us by a Written Communication of the public offering price, the selling concession, the relaunch reallowance (if any) to dealers and the time when we may commence selling Securities Securi ties to the public. After such public offering has commenced, you may change the public offering price, the selling concession and the relaunch reallowance to dealers. With respect to each Offering of Securities, until the provisions provi sions of this Section 3(b) shall be terminated pursuant to Section 4, we agree to offer Securities to the public only at the public offering price, except that if a relaunch reallowance is in effect, a relaunch reallowance from the public offering price not in excess of such relaunch reallowance may be allowed as consideration for services rendered in distribution distri bution to dealers who are actually engaged in the investment invest ment banking or securities business, who execute the written agreement prescribed by Section 24(c) of Article III of the Rules of Fair Practice of the National Association of Securities Dealers, Inc. (the "NASD"), and who are either members in good standing of the NASD or foreign brokers or dealers not eligible for membership in the NASD who represent to us that they will promptly rafter reoffer such Securities at the public offering price and will abide by the conditions with respect to foreign brokers and dealers set forth in Section 3(e).

Appears in 1 contract

Samples: Master Selected Dealer Agreement (Pimco New York Municipal Income Fund)

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