Common use of Offering of Stock by the Underwriters Clause in Contracts

Offering of Stock by the Underwriters. Upon authorization by the Representatives of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. It is understood that approximately 200,000 shares of the Firm Stock (“Directed Shares”) will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company (“Directed Share Participants”) upon the terms and conditions set forth in the Prospectus (the “Directed Share Program”) and in accordance with the rules and regulations of the National Association of Securities Dealers (“NASD”), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC from the Company. Under no circumstances xxxx Xxxxxx Xxxxxx Partners LLC or any Underwriter be liable to the Company or to any Directed Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share Program. To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.

Offering of Stock by the Underwriters. Upon authorization by the Representatives Underwriters of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. The Underwriters covenant that they will make no unlawful offers of the Firm Stock or the Option Stock. It is understood that approximately 200,000 500,000 shares (constituting approximately 4% of the Firm Stock) of the Firm Stock (“Directed Shares”) will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company (“Directed Share Participants”) upon the terms and conditions set forth in the Prospectus (the “Directed Share Program”) and in accordance with the rules and regulations of the National Association of Securities Dealers Dealers, Inc. (“NASD”), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC Xxxxxxxxx & Company, Inc. from the Company. Under no circumstances xxxx Xxxxxx Xxxxxx Partners LLC will Xxxxxxxxx & Company, Inc. or any Underwriter be liable to the Company or to any Directed Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share Program. To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.

Offering of Stock by the Underwriters. Upon authorization by the Representatives of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. It is understood that approximately 200,000 __________ shares of the Firm Stock (“"Directed Shares”") will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company and its subsidiaries (“"Directed Share Participants”") upon the terms and conditions set forth in the Prospectus (the “Directed Share Program”) and in accordance with the rules and regulations of the National Association of Securities Dealers Dealers, Inc. (“NASD”the "Directed Share Program"), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC from the Company. Under no circumstances xxxx will Xxxxxx Xxxxxx Partners LLC Brothers or any Underwriter be liable to the Company or to any Directed Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share Program. To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.

Offering of Stock by the Underwriters. Upon authorization by the Representatives Representative of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. It is understood that approximately 200,000 [ ] shares of the Firm Stock (“Directed Shares”"DIRECTED SHARES") will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company (“Directed Share Participants”"DIRECTED SHARE PARTICIPANTS") upon the terms and conditions set forth in the Prospectus (the “Directed Share Program”"DIRECTED SHARE PROGRAM") and in accordance with the rules and regulations of the National Association of Securities Dealers Dealers, Inc. (“"NASD”"), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC Lehman Brothers Inc. from the Company. Under no circumstances xxxx Xxxxxx Xxxxxx Partners LLC will Lehxxx Xxothers Inc. or any Underwriter be liable to the Company or to any Directed xxx Xirected Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share Program. To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.

Offering of Stock by the Underwriters. Upon authorization by the Representatives of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. It is understood that approximately 200,000 shares of the Firm Stock (the “Directed Shares”) will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company and its subsidiaries (the “Directed Share Participants”) upon the terms and conditions set forth in the Prospectus (the “Directed Share Program”) and in accordance with the rules and regulations of the National Association of Securities Dealers Dealers, Inc. (the “NASDDirected Share Program”), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC from the Company. Under no circumstances xxxx will Xxxxxx Brothers Inc. (“Xxxxxx Partners LLC Brothers”), Merrill, Lynch, Xxxxxx, Xxxxxx & Xxxxx Incorporated (“Xxxxxxx Xxxxx”) or any Underwriter be liable to the Company or to any Directed Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share Program. To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.

Offering of Stock by the Underwriters. Upon authorization by the Representatives of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. It is understood that approximately 200,000 shares of the Firm Stock (“Directed Shares”) will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company (“Directed Share Participants”) upon the terms and conditions set forth in the Prospectus (the “Directed Share Program”) and in accordance with the rules and regulations of the National Association of Securities Dealers Dealers, Inc. (“NASD”), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC Lxxxxx Brothers Inc. from the Company. Under no circumstances xxxx Xxxxxx Xxxxxx Partners LLC will Lxxxxx Brothers Inc. or any Underwriter be liable to the Company or to any Directed Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share Program. To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.

Offering of Stock by the Underwriters. Upon authorization by the Representatives of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. It is understood that approximately 200,000 250,000 shares of the Firm Stock (“Directed Shares”) will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company and certain other persons (“Directed Share Participants”) upon the terms and conditions set forth in the Prospectus (the “Directed Share Program”) and in accordance with the rules and regulations of the National Association of Securities Dealers Dealers, Inc. (“NASD”), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC Lxxxxx Brothers Inc. from the Company. Under no circumstances xxxx Xxxxxx Xxxxxx Partners LLC will Lxxxxx Brothers Inc. or any Underwriter be liable to the Company or to any Directed Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share ProgramProgram (it being understood that this does not relieve Lxxxxx Brothers Inc. of its obligation to deliver any prospectus required to be delivered to each of the Directed Share Participants by and in accordance with law). To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.

Offering of Stock by the Underwriters. Upon authorization by the Representatives of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. It is understood that approximately 200,000 [ ] shares of the Firm Stock (“Directed Shares”"DIRECTED SHARES") will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company (“Directed Share Participants”"DIRECTED SHARE PARTICIPANTS") upon the terms and conditions set forth in the Prospectus (the “Directed Share Program”"DIRECTED SHARE PROGRAM") and in accordance with the rules and regulations of the National Association of Securities Dealers Dealers, Inc. (“"NASD”"), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC Lehman Brothers Inc. from the Company. Under no circumstances xxxx Xxxxxx Xxxxxx Partners LLC will Lexxxx Xrothers Inc. or any Underwriter be liable to the Company or to any tx xxx Directed Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share Program. To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.

Offering of Stock by the Underwriters. Upon authorization by the Representatives of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. It is understood that approximately 200,000 [ ] shares of the Firm Stock (“Directed Shares”"DIRECTED SHARES") will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company (“Directed Share Participants”"DIRECTED SHARE PARTICIPANTS") upon the terms and conditions set forth in the Prospectus (the “Directed Share Program”"DIRECTED SHARE PROGRAM") and in accordance with the rules and regulations of the National Association of Securities Dealers Dealers, Inc. (“"NASD”"), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC Lehman Brothers Inc. from the CompanyCompanx. Under Xxxer no circumstances xxxx Xxxxxx Xxxxxx Partners LLC will Lehman Brothers Inc. or any Underwriter be Underwrixxx xx liable to the Company or to any Directed Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share ProgramProgram (it being understood that this does not relieve Lehman Brothers Inc. of its obligatixx xx deliver a Prospectus to each of the Directed Share Participants). To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.

Offering of Stock by the Underwriters. Upon authorization by the Representatives of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. It is understood that approximately 200,000 _________ shares of the Firm Stock (“"Directed Shares”") will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company (“"Directed Share Participants”") upon the terms and conditions set forth in the Prospectus (the “"Directed Share Program”") and in accordance with the rules and regulations of the National Association of Securities Dealers Dealers, Inc. (“"NASD”"), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC Brothers Inc. from the Company. Under no circumstances xxxx will 9 Xxxxxx Xxxxxx Partners LLC Brothers Inc. or any Underwriter be liable to the Company or to any Directed Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share Program. To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.

Offering of Stock by the Underwriters. Upon authorization by the Representatives of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. It is understood that approximately 200,000 _________ shares of the Firm Stock (“"Directed Shares”") will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company (“"Directed Share Participants”") upon the terms and conditions set forth in the Prospectus (the “"Directed Share Program”") and in accordance with the rules and regulations of the National Association of Securities Dealers Dealers, Inc. (“"NASD”"), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC Brothers Inc. from the Company. Under no circumstances xxxx will Xxxxxx Xxxxxx Partners LLC Brothers Inc. or any Underwriter be liable to the Company or to any Directed Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share Program. To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.

Offering of Stock by the Underwriters. Upon authorization by the Representatives of the release of the Firm Stock, the several Underwriters propose to offer the Firm Stock for sale upon the terms and conditions set forth in the Prospectus. It is understood that approximately 200,000 [ ] shares of the Firm Stock (“Directed Shares”"DIRECTED SHARES") will initially be reserved by the Underwriters for offer and sale to employees and persons having business relationships with the Company and its subsidiaries (“Directed Share Participants”"DIRECTED SHARE PARTICIPANTS") upon the terms and conditions set forth in the Prospectus (the “Directed Share Program”"DIRECTED SHARE PROGRAM") and in accordance with the rules and regulations of the National Association of Securities Dealers Dealers, Inc. (“"NASD”"), and that any allocation of such Directed Shares among such persons will be made in accordance with timely directions received by Xxxxxx Xxxxxx Partners LLC Deutsche Bank Securities Inc. from the Company. Under no circumstances xxxx Xxxxxx Xxxxxx Partners LLC will Deutsche Bank Securities Inc. or any Underwriter be liable to the Company or to any Directed Share Participant for any action taken or omitted to be taken in good faith in connection with such Directed Share Program. To the extent that any Directed Shares are not affirmatively reconfirmed for purchase by any Directed Share Participant on or immediately after the date of this Agreement, such Directed Shares may be offered to the public as part of the public offering contemplated hereby.