Common use of Option Shares Clause in Contracts

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 5 contracts

Sources: Underwriting Agreement (FBR Asset Investment Corp/Va), Underwriting Agreement (FBR Asset Investment Corp/Va), Underwriting Agreement (FBR Asset Investment Corp/Va)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock set forth in paragraph (a) above, less an amount per share equal to any dividends or distributions declared by the Company and payable on the Initial Shares but not payable on the Option Shares, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become be obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering overwithin such 30-allotments which may be made in connection with the offering and distribution of the Initial Shares day period upon written notice by the Representatives to the Company setting forth the number of Option Shares as to which the Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, Time (as hereinafter defineddefined below). If The number of Option Shares to be purchased by each Underwriter shall be the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion same percentage of the total number of Option Shares then being purchased, which purchased as the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 4 contracts

Sources: Underwriting Agreement (Northstar Realty Finance Corp.), Underwriting Agreement (Northstar Realty Finance Corp.), Underwriting Agreement (Northstar Realty Finance Corp.)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price per share set forth in paragraph (a) above plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments allotments, which may be made in connection with the offering and distribution of the Initial Shares Shares, upon notice during such 30-day period by the Representatives Underwriters to the Company setting forth the number of Option Shares as to which the Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments adjustment among Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 4 contracts

Sources: Underwriting Agreement (Rait Investment Trust), Underwriting Agreement (Rait Investment Trust), Underwriting Agreement (Rait Investment Trust)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering to cover over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 4 contracts

Sources: Underwriting Agreement (Aames Investment Corp), Underwriting Agreement (Aames Investment Corp), Underwriting Agreement (Aames Investment Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price per share set forth in paragraph (a) above plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments allotments, which may be made in connection with the offering and distribution of the Initial Shares Shares, upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 3 contracts

Sources: Underwriting Agreement (Rait Investment Trust), Underwriting Agreement (Resource Asset Investment Trust), Underwriting Agreement (Rait Investment Trust)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell that number of Option Shares then being purchased, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained herein and subject to the terms and conditions herein set forthforth herein, the Company Fund hereby grants an option to the Underwriters, severally and not jointly, to purchase from up to an additional ________________ Common Shares in the Company all or any part of the Option Shares aggregate at the purchase price per share set forth in paragraph (a) above plus Schedule B, less an amount per share equal to any additional number of dividends or distributions declared by the Fund and payable on the Primary Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 45 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Primary Shares upon notice by the Representatives to the Company Fund setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of DeliveryDATE OF DELIVERY") shall be determined by the Representatives, but shall not be later than seven (7) full business days and no earlier than three (nor earlier, without the consent of the Company, than two 3) full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Primary Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Primary Shares, subject in each case to such adjustments among Underwriters as the Representatives Stifel Nicolaus in their sole its discretion shall make to eliminate any sales or purchases ▇▇▇▇▇▇▇▇▇ ▇▇ ▇ fractional number of fractional sharesOption Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 2 contracts

Sources: Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock set forth in Section 1(a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering overwithin such 30-allotments which may be made day period (but in connection with the offering and distribution of the Initial Shares no event on more than two occasions) upon notice by the Representatives Representative to the Company setting forth the aggregate number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery"an “Option Closing Time”) shall be determined by the RepresentativesRepresentative, but shall not be later than seven three (3) full business days (nor or earlier, without the consent of the Company, than two (2) full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell that number of Option Shares then being purchased and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Firm Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Firm Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Horsehead Holding Corp), Underwriting Agreement (Horsehead Holding Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery"Delivery (as defined below) shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell that number of Option Shares then being purchased and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Allied Healthcare International Inc), Underwriting Agreement (Allied Healthcare International Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock set forth in paragraph (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Schedule III, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time within such 30-day period only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon written notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, Time (as hereinafter defineddefined below). If The number of Option Shares to be purchased by each Underwriter shall be the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion same percentage of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Northstar Realty), Underwriting Agreement (Northstar Realty)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven three full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Specialty Underwriters Alliance, Inc.), Underwriting Agreement (Specialty Underwriters Alliance, Inc.)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 thirty (30) days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which that may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three (3) full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, Time (as hereinafter defined). If the option is exercised as to all or any portion of the Option Shares, the Company will sell the total number of Option Shares then being purchased, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Bimini Mortgage Management Inc), Underwriting Agreement (Bimini Mortgage Management Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock set forth in paragraph (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time within such 30-day period only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, Time (as hereinafter defineddefined below). If the option is exercised as to all or any portion of the Option Shares, the Company will sell that number of Option Shares then being purchased and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Northstar Realty), Underwriting Agreement (Northstar Realty)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 9 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell the total number of Option Shares then being purchased and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Quanta Capital Holdings LTD), Underwriting Agreement (Quanta Capital Holdings LTD)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price per share set forth in paragraph (a) above plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments allotments, which may be made in connection with the offering and distribution of the Initial Shares Shares, upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Resource Asset Investment Trust), Underwriting Agreement (Resource Asset Investment Trust)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained herein and subject to the terms and conditions herein set forthforth herein, the Company Fund hereby grants an option to the Underwriters, severally and not jointly, to purchase from up to an additional _______ Common Shares in the Company all or any part of the Option Shares aggregate at the purchase price per share set forth in paragraph (a) above plus Schedule B, less an amount per share equal to any additional number of dividends or distributions declared by the Fund and payable on the Primary Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 45 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Primary Shares upon notice by the Representatives to the Company Fund setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery"“DATE OF DELIVERY”) shall be determined by the Representatives, but shall not be later than seven (7) full business days and no earlier than three (nor earlier, without the consent of the Company, than two 3) full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Primary Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Primary Shares, subject in each case to such adjustments among Underwriters as the Representatives ______________ in their sole its discretion shall make to eliminate any sales or purchases of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 2 contracts

Sources: Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company Fund hereby grants an option to the Underwriters, severally and not jointly, Underwriters to purchase from the Company all or any part up to an additional [ ] shares of the Option Shares Common Stock at the purchase price per share set forth in paragraph (a) above plus Schedule B, less an amount per share equal to any additional number of dividends or distributions declared by the Fund and payable on the Initial Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 45 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company Fund setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time time, date and date place of payment and delivery for such Option Shares. Any such time and date of delivery for the Option Shares (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Merrill Lynch in their sole its discretion shall make to eliminate any sales or purchases p▇▇▇▇▇ses of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 2 contracts

Sources: Purchase Agreement (Muni New York Intermediate Duration Fund Inc), Purchase Agreement (Muni Intermediate Duration Fund Inc)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained in, and subject to the terms and of conditions herein set forthof, this Agreement, the Company hereby grants an option to the UnderwritersUnderwriters an option, severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Schedule II plus any additional number of Option Shares shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Wachovia Capital Markets, LLC to the Company setting forth the number of Option Shares as to which the Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesWachovia Capital Markets, LLC, but shall not be later than seven full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Wachovia Capital Markets, LLC in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Sl Green Realty Corp), Underwriting Agreement (Sl Green Realty Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in subsection (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised once in whole or in part from time to time part, only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven three full business days (nor earlier, without the consent of the Company, or earlier than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined, without the consent of the Company. If the option is exercised as to all or any portion of the Option Shares, the Company will sell and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Highland Hospitality Corp), Underwriting Agreement (Highland Hospitality Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a an "Date of DeliveryOption Closing Time") shall be determined by the RepresentativesRepresentative, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Initial Closing Time, Time (as hereinafter defined). If the option is exercised as to all or any portion of the Option Shares, the Company will sell that number of Option Shares then being purchased, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Capital Lease Funding Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in subsection (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised once in whole or in part from time to time part, only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor earlier, without the consent of the Company, or earlier than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined, without the consent of the Company. If the option is exercised as to all or any portion of the Option Shares, the Company will sell and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Highland Hospitality Corp)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained herein and subject to the terms and conditions herein set forthforth herein, the Company Fund hereby grants an option to the Underwriters, severally and not jointly, to purchase from up to an additional ________________ Common Shares in the Company all or any part of the Option Shares aggregate at the purchase price per share set forth in paragraph (a) above plus Schedule B, less an amount per share equal to any additional number of dividends or distributions declared by the Fund and payable on the Primary Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 45 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Primary Shares upon notice by the Representatives to the Company Fund setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven (7) full business days and no earlier than three (nor earlier, without the consent of the Company, than two 3) full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Primary Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Primary Shares, subject in each case to such adjustments among Underwriters as the Representatives RBC in their sole its discretion shall make to eliminate any sales or purchases of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (Tortoise North American Energy Corp)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company Fund hereby grants an option to the Underwriters, severally and not jointly, Underwriters to purchase from the Company all or any part up to an additional [______] shares of the Option Shares Common Stock at the purchase price per share set forth in paragraph (a) above plus Schedule B, less an amount per share equal to any additional number of dividends or distributions declared by the Fund and payable on the Initial Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 45 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments overallotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company Fund setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time time, date and date place of payment and delivery for such Option Shares. Any such time and date of delivery for the Option Shares (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their sole its discretion shall make to eliminate any sales or purchases of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Sources: Purchase Agreement (Diversified Income Strategies Portfolio, Inc.)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained herein and subject to the terms and conditions herein set forthforth herein, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from up to an additional 187,500 Common Shares in the Company all or any part of the Option Shares aggregate, at the purchase price per share set forth in paragraph (aSection 2(a) above plus above, less an amount equal to any additional number of dividend paid by the Company and payable on any Firm Shares and not payable on such Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Firm Shares upon notice by the Representatives Underwriters to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "the “Date of Delivery") shall be determined by the RepresentativesUnderwriters, but shall not be later than seven (7) full business days and no earlier than three (nor earlier, without the consent of the Company, than two 3) full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Firm Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Firm Shares, subject in each case to such adjustments among Underwriters as the Representatives BB&T in their sole its discretion shall make to eliminate any sales or purchases of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (Main Street Capital CORP)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price per share set forth in paragraph (a) above plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments allotments, which may be made in connection with the offering and distribution of the Initial Shares Shares, upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven full business days (nor earlier, without the consent of the Company, earlier than two full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined, unless otherwise agreed by the Representatives and the Company. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Anthracite Capital Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock set forth in Section 1(a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time within such 30-day period (but in no event on more than two occasions) only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Firm Shares upon notice by the Representatives Representative to the Company setting forth the aggregate number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery"an “Option Closing Time”) shall be determined by the RepresentativesRepresentative, but shall not be later than seven three (3) full business days (nor or earlier, without the consent of the Company, than two (2) full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell that number of Option Shares then being purchased and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Firm Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Firm Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Horsehead Holding Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock set forth in paragraph (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Schedule II, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time within such 30-day period only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon written notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, Time (as hereinafter defineddefined below). If The number of Option Shares to be purchased by each Underwriter shall be the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion same percentage of the total number of Option Shares then being purchased, which purchased as the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to purchase to the Underwriters, acting severally and not jointly, up to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above an additional 6,300,000 Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell that number of Option Shares, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price of the Option Shares after the initial public offering to such extent as the Underwriters may determine.

Appears in 1 contract

Sources: Underwriting Agreement (Key Energy Services Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part of the up to ______ Option Shares at the purchase price per share set forth in paragraph (a) above above, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their sole its discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price after the initial public offering to such extent as the Underwriters may determine.

Appears in 1 contract

Sources: Underwriting Agreement (Resource America Inc)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained herein and subject to the terms and conditions herein set forthforth herein, the Company Fund hereby grants an option to the Underwriters, severally and not jointly, to purchase from up to an additional [__________] Common Shares in the Company all or any part of the Option Shares aggregate at the purchase price per share set forth in paragraph (a) above plus Schedule B, less an amount per share equal to any additional number of dividends or distributions declared by the Fund and payable on the Primary Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 45 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Primary Shares upon notice by the Representatives to the Company Fund setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven (7) full business days and no earlier than three (nor earlier, without the consent of the Company, than two 3) full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Primary Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Primary Shares, subject in each case to such adjustments among Underwriters as the Representatives Morgan Keegan in their sole discretion shall its disc▇▇▇▇▇▇ ▇▇▇▇▇ make to eliminate any sales or purchases of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (RMK Advantage Income Fund, Inc.)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price per share set forth in paragraph (a) above plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments allotments, which may be made in connection with the offering and distribution of the Initial Shares Shares, upon notice during such 30 day period by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Rait Investment Trust)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof of the Prospectus and may be exercised in whole or in part from time to time on one occasion only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell to the Underwriters, and each of the Underwriters, acting severally and not jointly, will purchase approximately that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Levitt Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, Shares each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Midwest Banc Holdings Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in Section 1(a) hereof, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery"an “Option Closing Time”) shall be determined by the Representatives, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell the number of Option Shares specified in such notice, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in on Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Meruelo Maddux Properties, Inc.)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the UnderwritersInitial Purchasers, severally and not jointly, to purchase from the Company all or any part of the Option Shares up to an additional 500,000 Shares, at the purchase price per Share set forth in paragraph (aSection 2(a) above hereof, plus an amount per Share equal to any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to accrued and unpaid dividends or distributions from the provisions of Section 8 hereofClosing Time. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Firm Shares upon notice by the Representatives ▇▇▇▇▇▇▇ ▇▇▇▇▇ to the Company setting forth the number of Option Shares as to which the Underwriters Initial Purchasers are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery for the Option Shares (a "Date of Delivery") shall be determined by the Representatives▇▇▇▇▇▇▇ ▇▇▇▇▇, but shall not be later than seven full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the UnderwritersInitial Purchasers, acting severally and not jointly, on the basis of the representations and warranties of the Company contained herein and subject to the terms and conditions herein set forth, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Firm Shares set forth in Schedule I A opposite the name of such Underwriter Initial Purchasers bears to the total number of Initial Firm Shares, subject in each case to such adjustments among Underwriters as the Representatives ▇▇▇▇▇▇▇ ▇▇▇▇▇ in their sole its discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Purchase Agreement (Rhythms Net Connections Inc)

Option Shares. In addition, upon On the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants to the Underwriters an option to the Underwriters, severally and not jointly, purchase up to purchase from the Company all or any part of the Option Shares an additional 4,500,000 depositary shares at the purchase price set forth referred to in paragraph (a) above plus this Section 2(a), less an amount per Option Share equal to any additional number of dividends declared by the Company and payable on the Initial Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The Such option hereby granted will shall expire 30 days after from the date hereof hereof, and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days (nor earlier, without the consent of the Company, and not earlier than two full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter definedunless otherwise agreed between the Representative and the Company. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will shall purchase that proportion of the total number of Option Shares then being purchased, purchased which the total number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their sole its discretion shall make to eliminate any sales sale or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Merrill Lynch & Co Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part up to an aggregate of the 1,500,000 Option Shares at the purchase price per share set forth in paragraph (a) above plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price of the Option Shares after the initial public offering to such extent as the Underwriters may determine.

Appears in 1 contract

Sources: Underwriting Agreement (Devx Energy Inc)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part up to an additional 1,875,000 shares of the Option Shares Common Stock, at the purchase price per share set forth in paragraph (a) above plus Schedule A, less an amount per share equal to any additional number of dividends or distributions declared by the Company and payable on the Offered Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire may be exercised for 30 days after the date hereof and may be exercised in whole or in part at any time from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but any Date of Delivery after the Closing Time shall not be later than seven full business days (nor earlier, without the consent of the Company, earlier than two full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Offered Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Offered Shares, subject subject, in each case case, to such adjustments among Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (scPharmaceuticals Inc.)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained herein and subject to the terms and conditions herein set forthforth herein, the Company Fund hereby grants an option to the Underwriters, severally and not jointly, to purchase from up to an additional [ ] Common Shares in the Company all or any part of the Option Shares aggregate at the purchase price per share set forth in paragraph (a) above plus Schedule B, less an amount per share equal to any additional number of dividends or distributions declared by the Fund and payable on the Primary Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 45 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Primary Shares upon notice by the Representatives to the Company Fund setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven (7) full business days and no earlier than three (nor earlier, without the consent of the Company, than two 3) full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Primary Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Primary Shares, subject in each case to such adjustments among Underwriters as the Representatives Morgan Keegan in their sole its discretion shall make to eliminate any sales or purchases sale▇ ▇▇ ▇▇▇▇▇▇▇▇▇ of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (RMK High Income Fund Inc)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained herein and subject to the terms and conditions herein set forthforth herein, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part of the Option Shares up to an additional 420,000 Common Shares, at the purchase price per share set forth in paragraph Section 2(a) above, less the per share amount of any dividend or other distribution declared by the Company, the record date of which occurs during the period from the Closing Time through the Date of Delivery (aas defined below) above plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofwith respect thereto. The Said option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time only to time only for the purpose of covering cover over-allotments which may be made in connection with the offering Offering and distribution of the Initial Firm Shares upon notice by the Representatives Underwriters. The option granted hereby may be exercised only by written notice from ▇▇▇▇▇▇ ▇▇▇▇▇▇, on behalf of the Underwriters, to the Company Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Option Shares as to which the Underwriters are then exercising the option be purchased and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "the “Date of Delivery") shall be determined by the RepresentativesUnderwriters, but shall not be later than seven (7) full business days and no earlier than three (nor earlier, without the consent of the Company, than two 3) full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Firm Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Firm Shares, subject in each case to such adjustments among Underwriters as the Representatives ▇▇▇▇▇▇ ▇▇▇▇▇▇ in their sole its discretion shall make to eliminate any sales or purchases of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (Main Street Capital CORP)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained herein and subject to the terms and conditions herein set forthforth herein, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from up to an additional 525,000 Common Shares in the Company all or any part of the Option Shares aggregate, at the purchase price per share set forth in paragraph Paragraph (a) above plus above, less an amount per share equal to any additional number of dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Firm Shares upon notice by the Representatives Underwriters to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesUnderwriters, but shall not be later than seven (7) full business days and no earlier than three (nor earlier, without the consent of the Company, than two 3) full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Firm Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Firm Shares, subject in each case to such adjustments among Underwriters as the Representatives M▇▇▇▇▇ ▇▇▇▇▇▇ in their sole its discretion shall make to eliminate any sales or purchases of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 11 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (Prospect Capital Corp)

Option Shares. In addition, upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company shall be obligated to sell the number of Option Shares as to which the Representative shall have exercised the over-allotment option and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I II opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Lakeland Industries Inc)

Option Shares. In addition, upon On the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants to the Underwriters an option to purchase up to an additional 3,780,000 depositary shares at the UnderwritersShare Purchase Price referred to in this Section 2(b), severally and not jointly, less an amount per Option Share equal to purchase from any dividends declared by the Company all or any part of and payable on the Initial Shares but not payable on the Option Shares at the purchase price set forth in paragraph (a) above plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The Such option hereby granted will shall expire 30 days after from the date hereof hereof, and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days (nor earlier, without the consent of the Company, and not earlier than two full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter definedunless otherwise agreed between the Representative and the Company. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will shall purchase that proportion of the total number of Option Shares then being purchased, purchased which the total number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their sole its discretion shall make to eliminate any sales sale or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Merrill Lynch & Co Inc)

Option Shares. In addition, upon On the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants to the Underwriters an option to the Underwriters, severally and not jointly, purchase up to purchase from the Company all or any part of the an additional 15,300,000 Option Shares at the purchase price set forth in paragraph (a) above plus on Schedule II hereto, less an amount per Option Share equal to any additional number of dividends declared by the Company and payable on the Initial Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The Such option hereby granted will shall expire 30 days after from the date hereof hereof, and may be exercised on up to two occasions in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days (nor earlier, without the consent of the Company, and not earlier than two full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter definedunless otherwise agreed between the Representative and the Company. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will shall purchase that proportion of the total number of Option Shares then being purchased, purchased which the total number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their sole its discretion shall make to eliminate any sales sale or purchases of fractional sharesShares.

Appears in 1 contract

Sources: Underwriting Agreement (Merrill Lynch & Co Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which each such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven three full business days (nor earlieror earlier than two full business days, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell the total number of Option Shares then being purchased and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Seabright Insurance Holdings Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof of the Prospectus and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell to each of the Underwriters, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (TRM Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, forth the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part up to an aggregate of the 1,875,000 Option Shares at the purchase price per share set forth in paragraph (a) above plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 9 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name same of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price of the Option Shares after the initial public offering to such extent as the Underwriters may determine.

Appears in 1 contract

Sources: Underwriting Agreement (Icon Holdings Corp)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company Fund hereby grants an option to the Underwriters, severally and not jointly, Underwriters to purchase from the Company all or any part up to an additional [ ] shares of the Option Shares Common Stock at the purchase price per share set forth in paragraph (a) above plus Schedule B, less an amount per share equal to any additional number of dividends or distributions declared by the Fund and payable on the Initial Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 45 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company Fund setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time time, date and date place of payment and delivery for such Option Shares. Any such time and date of delivery for the Option Shares (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Merrill Lynch in their sole its discretion shall make to eliminate any sales or purchases sal▇▇ ▇▇ ▇ur▇▇▇▇▇s of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Sources: Purchase Agreement (Preferred & Corporate Income Strategies Fund Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock set forth in paragraph (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become be obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time (but not more than two times in the aggregate) within such 30-day period only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon written notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, Time (as hereinafter defineddefined below). If The number of Option Shares to be purchased by each Underwriter shall be the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion same percentage of the total number of Option Shares then being purchased, which purchased as the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part up to an aggregate of the 1,260,000 Option Shares at the purchase price per share set forth in paragraph (a) above plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price of the Option Shares after the initial public offering to such extent as the Underwriters may determine.

Appears in 1 contract

Sources: Underwriting Agreement (American Capital Strategies LTD)

Option Shares. In addition, upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriterseach Underwriter, severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price per share set forth in paragraph (a) above plus plus, with respect to each Underwriter purchasing Option Shares, any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments allotments, which may be made in connection with the offering and distribution of the Initial Shares Shares, upon written notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, Time (as hereinafter defineddefined in Section 2(a) below). If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (America First Mortgage Investments Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company at the purchase price per share set forth in paragraph (a), all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell that number of Option Shares then being purchased, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Integrated Alarm Services Group Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defineddefined below. If the option is exercised as to all or any portion of the Option Shares, the Company will sell that number of Option Shares then being purchased, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Government Properties Trust Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock set forth in paragraph (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time (which shall not be more than two times in the aggregate) within such 30-day period only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon written notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, Time (as hereinafter defineddefined below). If The number of Option Shares to be purchased by each Underwriter shall be the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion same percentage of the total number of Option Shares then being purchased, which purchased as the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock set forth in paragraph (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time (which shall not be more than two times in the aggregate) within such 30-day period only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon written notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, Time (as hereinafter defineddefined below). If The number of Option Shares to be purchased by each Underwriter shall be the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion same percentage of the total number of Option Shares then being purchased, which purchased as the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained in, and subject to the terms and of conditions herein set forthof, this Agreement, the Company hereby grants an option to the UnderwritersUnderwriters an option, severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Schedule II plus any additional number of Option Shares shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 20 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Citigroup Global Markets Inc. to the Company setting forth the number of Option Shares as to which the Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesCitigroup Global Markets Inc., but shall not be later than seven full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Citigroup Global Markets Inc. in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Sl Green Realty Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof of the Prospectus and may be exercised in whole or in part from time to time on one occasion only solely for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesUnderwriters, but shall not be later than seven five full business days (nor or earlier, without the consent of the Company, than two three full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell to the Underwriters, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives they, in their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Jameson Inns Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") delivery, as hereafter defined, shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell that proportion of the total number of Option Shares then being purchased, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Pacific Premier Bancorp Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in subsection (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Highland Hospitality Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock set forth in paragraph (a) above, less an amount per share equal to any dividends or distributions declared by the Company and payable on the Initial Shares but not payable on the Option Shares, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become be obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering overwithin such 30-allotments which may be made in connection with the offering and distribution of the Initial Shares day period upon written notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, Time (as hereinafter defineddefined below). If The number of Option Shares to be purchased by each Underwriter shall be the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion same percentage of the total number of Option Shares then being purchased, which purchased as the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell the Option Shares to the Underwriters, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Brillian Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery delivery, with respect to both the Initial Shares and the Option Shares, (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing TimeDate, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I II opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Meridian Resource Corp)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part up to an additional 375,000 shares of the Option Shares Common Stock, at the purchase price per share set forth in paragraph (a) above plus Schedule C, less an amount per share equal to any additional number of dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Firm Shares upon notice by the Representatives to the Company setting forth the aggregate number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, then each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Firm Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Firm Shares, subject in each case to such adjustments among Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Home Bancshares Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell that number of Option Shares then being purchased, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part of the up to an additional 2,250,000 Option Shares at the purchase price per share set forth in paragraph (a) above plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofPricing Agreement. The option hereby granted will expire 30 days after the date hereof (or, if the Company has elected to rely upon Rule 430A under the 1933 Act Regulations, 30 days after the Representation Date) and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time time, date and date place of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, Representatives but shall not be later than seven full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined, unless otherwise agreed upon by the Representatives and the Company. If the option is exercised as to all or any portion of the Option Shares, each of the Option Shares shall be purchased by the Underwriters, acting severally and not jointly, will purchase that in proportion of the total number of Option Shares then being purchased, which the number of to their respective Initial Shares Share underwriting obligations as set forth in Schedule I opposite A hereto (except as may be otherwise provided in the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional sharesPricing Agreement).

Appears in 1 contract

Sources: Purchase Agreement (Equity Office Properties Trust)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which that may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, Time (as hereinafter defined). If the option is exercised as to all or any portion of the Option Shares, the Company will sell the total number of Option Shares then being purchased, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Bimini Mortgage Management Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock set forth in paragraph (a) above, the Company hereby grants an option to the Underwriters, severally and not jointly, Underwriter to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such which the Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time within such 30-day period only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Underwriter to the Company and the Attorneys setting forth the number of Option Shares as to which the Underwriters Underwriter are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery"an “Option Closing Time”) shall be determined by the RepresentativesUnderwriter, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, Company will purchase sell that proportion of the total number of Option Shares then being purchased, which purchased and the Underwriter will purchase the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Option Shares, subject in each case to such adjustments among Underwriters as adjustment by the Representatives Underwriter in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Uranium Trading Corp)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part up to an additional [______] shares of the Option Shares Common Stock at the purchase price per share set forth in paragraph (a) above plus Schedule II, less an amount, equal to, on a per share basis, any additional number of dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments overallotments which may be made in connection with the offering and distribution of the Initial Firm Shares upon notice by the Representatives SunTrust to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of DeliveryDATE OF DELIVERY") shall be determined by the RepresentativesSunTrust, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Firm Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Firm Shares, subject in each case to such adjustments among Underwriters as the Representatives SunTrust in their sole its discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (North Pointe Holdings Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock set forth in paragraph (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that in the same proportion which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 9 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering overwithin such 30-allotments which may be made in connection with the offering and distribution of the Initial Shares day period upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery"an “Option Closing Time”) shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion its proportionate share of the total number of Option Shares then being purchased, which purchased based on its proportionate share of the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial SharesUnderwriter, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Great Ajax Corp.)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery"an “Option Closing Time”) shall be determined by the Representatives, but shall not be later than seven five full business days (nor earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Initial Closing Time, Time (as hereinafter defined). If the option is exercised as to all or any portion of the Option Shares, the Company will sell that number of Option Shares then being purchased, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Capital Lease Funding Inc)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained herein and subject to the terms and conditions herein set forthforth herein, the Company Fund hereby grants an option to the Underwriters, severally and not jointly, to purchase from up to an additional 3,150,000 Common Shares in the Company all or any part of the Option Shares aggregate at the purchase price per share set forth in paragraph (a) above plus Schedule B, less an amount per share equal to any additional number of dividends or distributions declared by the Fund and payable on the Primary Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 45 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Primary Shares upon notice by the Representatives to the Company Fund setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven (7) full business days and no earlier than three (nor earlier, without the consent of the Company, than two 3) full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Primary Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Primary Shares, subject in each case to such adjustments among Underwriters as the Representatives ▇▇▇▇▇▇ ▇▇▇▇▇▇ in their sole its discretion shall make to eliminate any sales or purchases of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (RMK Strategic Income Fund Inc)

Option Shares. In addition, upon On the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants to the Underwriters an option to purchase up to an additional 6,120,000 depositary shares at the UnderwritersShare Purchase Price referred to in this Section 2(b), severally and not jointly, less an amount per Option Share equal to purchase from any dividends declared by the Company all or any part of and payable on the Initial Shares but not payable on the Option Shares at the purchase price set forth in paragraph (a) above plus any additional number of Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The Such option hereby granted will shall expire 30 days after from the date hereof hereof, and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days (nor earlier, without the consent of the Company, and not earlier than two full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter definedunless otherwise agreed between the Representative and the Company. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will shall purchase that proportion of the total number of Option Shares then being purchased, purchased which the total number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their sole its discretion shall make to eliminate any sales sale or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Merrill Lynch & Co Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in Section 1(a) hereof, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell the number of Option Shares specified in such notice, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Thomas Properties Group Inc)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part of the Option Shares up to an additional [__] Common Shares, at the purchase price per share set forth in paragraph (a) above plus Schedule B-1, less an amount per security equal to any additional number of dividends or distributions declared by the Company and payable on the Closing Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire may be exercised for 30 days after the date hereof and may be exercised in whole or in part at any time from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon written notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but any Date of Delivery after the Closing Time shall not be later than seven full business days (nor earlier, without the consent of the Company, earlier than two full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Closing Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Closing Shares, subject subject, in each case case, to such adjustments among Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional sharessecurities.

Appears in 1 contract

Sources: Underwriting Agreement (Jaguar Uranium Corp.)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time on one occasion only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, the Company will sell to the Underwriters, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Bankatlantic Bancorp Inc)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained herein and subject to the terms and conditions herein set forthforth herein, the Company Fund hereby grants an option to the Underwriters, severally and not jointly, to purchase from up to an additional [_________] Common Shares in the Company all or any part of the Option Shares aggregate at the purchase price per share set forth in paragraph (a) above plus Schedule B, less an amount per share equal to any additional number of dividends or distributions declared by the Fund and payable on the Primary Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 45 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Primary Shares upon notice by the Representatives to the Company Fund setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the Representatives, but shall not be later than seven (7) full business days and no earlier than three (nor earlier, without the consent of the Company, than two 3) full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Primary Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Primary Shares, subject in each case to such adjustments among Underwriters as the Representatives Morgan Keegan in their sole discretion shall its ▇▇▇▇▇▇▇▇▇▇ ▇▇all make to eliminate any sales or purchases of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (RMK Multi-Sector High Income Fund Inc)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company hereby grants an option to the Underwriters, severally and not jointly, to purchase from the Company all or any part up to an aggregate of the 225,000 Option Shares at the purchase price per share set forth in paragraph (a) above plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Firm Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such the Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Firm Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Firm Shares, subject in each case to such adjustments among Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price of the Option Shares after the initial public offering to such extent as the Underwriters may determine in accordance with applicable law.

Appears in 1 contract

Sources: Underwriting Agreement (Wilshire Financial Services Group Inc)

Option Shares. In addition, upon on the basis of the warranties and representations and other warranties contained herein and subject to the terms and conditions herein set forthforth herein, the Company Fund hereby grants an option to the Underwriters, severally and not jointly, to purchase from up to an additional ________________ Common Shares in the Company all or any part of the Option Shares aggregate at the purchase price per share set forth in paragraph (a) above plus Schedule B, less an amount per share equal to any additional number of dividends or distributions declared by the Fund and payable on the Primary Shares but not payable on the Option Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereofShares. The option hereby granted will expire 30 45 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Primary Shares upon notice by the Representatives to the Company Fund setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery"“DATE OF DELIVERY”) shall be determined by the Representatives, but shall not be later than seven (7) full business days and no earlier than three (nor earlier, without the consent of the Company, than two 3) full business days) days after the exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Primary Shares set forth in Schedule I A opposite the name of such Underwriter bears to the total number of Initial Primary Shares, subject in each case to such adjustments among Underwriters as the Representatives ____________________ in their sole its discretion shall make to eliminate any sales or purchases of a fractional sharesnumber of Option Shares plus any additional number of Option Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (Tortoise Energy Infrastructure Corp)

Option Shares. In addition, upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share set forth in paragraph (a), the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company Company, all or any part of the Option Shares at the purchase price set forth in paragraph (a) above Shares, plus any additional number of Option Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The option hereby granted will expire 30 days after the date hereof and may be exercised in whole or in part from time to time only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Representatives Representative to the Company setting forth the number of Option Shares as to which the several Underwriters are then exercising the option and the time and date of payment and delivery for such Option Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by the RepresentativesRepresentative, but shall not be later than seven three full business days (nor or earlier, without the consent of the Company, than two full business days) after the exercise of said such option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Shares, Shares each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Shares then being purchased, purchased which the number of Initial Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Shares, subject in each case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Midwest Banc Holdings Inc)