Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 23 contracts
Samples: Common Stock (Tality Corp), Common Stock (Tality Corp), Underwriting Agreement (Niku Corp)
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares overallotments in excess the sale of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 14 contracts
Samples: Underwriting Agreement (Entertainment Inc), Underwriting Agreement (Entertainment Inc), Underwriting Agreement (Entertainment Inc)
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 5 contracts
Samples: Underwriting Agreement (Fisher Scientific International Inc), Underwriting Agreement (Eclipsys Corp), Underwriting Agreement (Coinstar Inc)
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares overallotments in excess the sale of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 3 contracts
Samples: Underwriting Agreement (Telebanc Financial Corp), Medquist Inc, Ivillage Inc
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares overallotments in excess the sale of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 5 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 3 contracts
Samples: Panavision Inc, Associates First Capital Corp, Silgan Holdings Inc
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the CompanyCompany and, given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 2 contracts
Samples: Asbury Automotive Group Inc, Asbury Automotive Group Inc
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 5 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 2 contracts
Samples: Underwriting Agreement (Freescale Semiconductor Inc), Freescale Semiconductor Inc
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 consecutive calendar days beginning the day after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 1 contract
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two three or later than ten business days after the date of such notice.
Appears in 1 contract
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 1 contract
Samples: Palm Inc
Optional Shares. at the purchase price per share Share set forth in the paragraph above, for the sole purpose of covering sales of shares overallotments in excess the sale of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 1 contract
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares overallotments in excess the sale of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you the Representatives to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you the Representatives but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you the Representatives and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 1 contract
Samples: Barnesandnoble Com Inc
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you the Lead Representatives to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you the Lead Representatives but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you the Lead Representatives and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 1 contract
Optional Shares. at the purchase price per share set forth in clause (a) of the paragraph above, for the sole purpose of covering sales of shares overallotments in excess the sale of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 1 contract
Samples: RSL Communications LTD
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two three or later than ten 10 business days after the date of such notice.
Appears in 1 contract
Samples: Illumina Inc
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares overallotments in excess the sale of the Firm Shares. Any such election to purchase Optional Shares shall be made in proportion to the maximum number of Firm SharesOptional Shares to be sold by the Company and AmerUs Group. Any such election to purchase Optional Shares may be exercised only by written notice from you to the CompanyCompany and AmerUs Group, given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company and AmerUs Group otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 1 contract
Samples: Amerus Life Holdings Inc
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you Goldxxx, Xxchs & Co. to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 1 contract
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering overallotments in the sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, Company given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice.
Appears in 1 contract
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares in excess of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the CompanyCompany and the Attorneys-in-Fact, given within a period of 30 calendar days after the date of this Agreement, Agreement and setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, writing earlier than two or later than ten business days after the date of such notice.
Appears in 1 contract
Optional Shares. at the purchase price per share set forth in the paragraph above, for the sole purpose of covering sales of shares overallotments in excess the sale of the number of Firm Shares. Any such election to purchase Optional Shares may be exercised only by written notice from you to the Company, given within a period of 30 calendar days after the date of this Agreement, setting forth the aggregate number of Optional Shares to be purchased and the date on which such Optional Shares are to be delivered, as determined by you but in no event earlier than the First Time of Delivery (as defined in Section 4 hereof) or, unless you and the Company otherwise agree in writing, earlier than two or later than ten business days after the date of such notice. The Company hereby agrees, at the First Time of Delivery, to pay to Xxxxxxx, Xxxxx & Co., in its capacity as Qualified Independent Underwriter, the amount of $10,000.
Appears in 1 contract