Overallotment Option. In addition, on the basis of the representations and warranties herein included and subject to the terms and conditions herein set forth, the Company hereby grants an option to the Underwriters to purchase up to an additional $15,000,000 aggregate principal amount of Notes at the purchase price of $24.00 per Note. The option hereby granted will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time only for the purpose of covering overallotments which may be made in connection with the offering and distribution of the Initial Notes upon notice to the Company by the Underwriters through the Representatives in writing setting forth the aggregate principal amount of Option Notes as to which the Underwriters are then exercising the option and the time, date and place of payment and delivery for such Option Notes. Any such time and date of delivery (a “Date of Delivery”) shall be determined by the Underwriters, but shall not be later than seven full business days, nor earlier than two full business days, after the exercise of said option, nor in any event prior to Closing Time, unless otherwise agreed upon by the Underwriters and the Company. If the option is exercised as to all or any portion of the principal amount of the Option Notes, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total aggregate principal amount of the Option Notes then being purchased which the respective principal amounts of the Initial Notes set forth in Schedule A opposite the name of which Underwriter bears to the total aggregate principal amount of the Initial Notes, subject to such adjustments as the Representatives in their discretion shall make to eliminate any sales or purchases of fractional Notes.
Overallotment Option. On the terms and subject to the conditions referred to in this Agreement, the Selling Shareholder in respect of the Option Shares (up to the number of Option Shares set in column (3) of Part A of Schedule 1) on the basis of the representations, Warranties and undertakings in this Agreement grants to the Joint Global Coordinators (on behalf of the Managers) the Overallotment Option to call for the Selling Shareholder to sell up to the maximum number of Option Shares for the purpose of covering short positions resulting from overallotments or from sales of Ordinary Shares on or before the Stabilisation Period End Date. The Overallotment Option shall be exercisable once, in whole or in part, by notice in writing to the Selling Shareholder at any time on or before the Stabilisation Period End Date and, to the extent not exercised, may be terminated by the Joint Global Coordinators (on behalf of the Managers) at any time.
Overallotment Option. (a) In addition to the shares of Common Stock being sold by the Company and described in Section 1 hereof (which are referred to herein as the "Firm Shares"), you, at your option, shall have the right to purchase from the Company up to an aggregate of 375,000 additional shares of Common Stock, par value $.01 per share ("Optional Shares"). The first two paragraphs of Section 3 hereof shall be deemed to apply only to the purchase, sale and delivery of the Firm Shares. References in those two paragraphs to the "Securities" shall be deemed to be references to the "Firm Shares"; except as otherwise provided in this Section 12, other references in this Agreement to the "Securities" shall be deemed to include the Firm Shares and the Optional Shares.
(b) Upon written notice from you given to the Company not more than 30 days subsequent to the date of the public offering of the Securities, you may purchase all or less than all of the Optional Shares at the purchase price per share to be paid for the Firm Shares. Such Optional Shares may be purchased by you only for the purpose of covering over-allotments made in connection with the sale of the Firm Shares. No Optional Shares shall be sold or delivered unless the Firm Shares previously have been, or simultaneously are, sold and delivered. The right to purchase the Optional Shares or any portion thereof may be surrendered and terminated at any time upon notice by you to the Company. The "Closing Date" as defined in Section 3 hereof, shall be deemed to be the "First Closing Date," and the time for the delivery of and payment for the Optional Shares, is herein referred to as the "Second Closing Date" (which may be the First Closing Date). The Second Closing Date shall be determined by you but shall be not later than 10 days after you give to the Company written notice of election to purchase Optional Shares. The preparation, registration, checking and delivery of, and payment for, the Optional Shares shall occur or be made in the same manner as provided in Section 3 hereof for the Firm Shares, except as you and the Company may otherwise agree.
Overallotment Option. This Third Supplemental Indenture shall permit the issuance from time to time, subject to the terms of the Overallotment Option, of additional Subordinated Debentures of this series in accordance with the procedures established in Section 303 of the Indenture.
Overallotment Option. In the event that the Option is exercised, Spark Energy shall issue the Additional Shares to the Underwriters at a price per share equal to the per share initial public offering price of the Class A Common Stock (less underwriting discounts and commissions as set forth in the Underwriting Agreement), Spark Energy shall transfer all of the net proceeds it receives from the exercise of the Option to NuDevco Retail Holdings in exchange for a number of Spark HoldCo units equal to the number of shares of Class A Common Stock sold by Spark Energy to the public pursuant to the Option, and a corresponding number of shares of Class B common stock shall be cancelled.
Overallotment Option. In addition, on the basis of the representations and warranties herein included and subject to the terms and conditions herein set forth, the Company hereby grants an option to the Underwriters to purchase up to an additional 1,500,000 Shares at the purchase price set forth on the first page of this Agreement less an amount, if any, equal to any dividend payable on the Initial Shares and not payable on the Option Shares. The option hereby granted will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time only for the purpose of covering overallotments which may be made in connection with the offering and distribution of the Initial Shares upon notice to the Company by the Underwriters through the Representatives in writing setting forth the number of Option Shares as to which the Underwriters are then exercising the option and the time, date and 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 Underwriters, but shall not be later than seven full business days, nor earlier than two full business days, after the exercise of said option, nor in any event prior to Closing Time, unless otherwise agreed upon by the Underwriters and the Company.
Overallotment Option. If the total number of shares of Offered Shareholder Shares that Investors elect to purchase as specified is timely given and Investors' Purchase Elections is fewer than the number of Offered Shareholder Shares available for purchase, then in the Investors' Expiration Notice the Company shall so notify each Investor and (unless the Investors agree otherwise in writing) each Investor who timely submitted a Purchase Election for such Offered Shares and gives the Company and Selling Shareholder written notice of such Investor's election to do so within five (5) days after the Company gives the Investors' Expiration Notice, may
Overallotment Option. Partners. .Partner Nonrecourse Debt. .Partner Nonrecourse Debt Minimum Gain. .Partner Nonrecourse Deductions. .Partnership. .
Overallotment Option. In the Underwriting Agreement the Company will grant to the Underwriters an option (the "Overallotment Option") to purchase, for a period of up to 45 days from the Effective Date, up to 45,000 additional Units, solely to cover overallotments in the sale of the Firm Units to the public.
Overallotment Option. If any Investor fails to elect to fully participate in a transaction pursuant to this Section 3, the Investor shall promptly give notice of such failure to the Company and the Company shall so notify the other Investors who did so elect (the "RIGHT OF FIRST REFUSAL INVESTORS"). Such notice may be made by telephone if confirmed in writing within two (2) days. The Right of First Refusal Investors shall have five (5) days from the date such notice was given to agree to purchase their pro rata share of the unsold portion. For purposes of this paragraph, a "PRO RATA SHARE" shall be equal to the product obtained by multiplying (i) the number of shares in the unsold portion by (ii) a fraction, the numerator of which is the number of shares of Common Stock Equivalents held by such Right of First Refusal Investor and the denominator of which is the total number of shares of Common Stock Equivalents held by all the Right of First Refusal Investors.
