Common use of Price Determination Agreement Clause in Contracts

Price Determination Agreement. The public offering price per share at which the Firm Shares are initially offered and the purchase price per share for the Firm Shares to be paid by the several Underwriters shall be agreed upon and set forth in the Price Determination Agreement. In the event such price has not been agreed upon and the Price Determination Agreement has not been executed by the close of business on the fourteenth business day following the date of this Agreement, this Agreement shall terminate forthwith, without liability of any party to any other party except that Sections 4(k), 4(l) and 7 shall remain in effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Bioheart, Inc.), Underwriting Agreement (Bioheart, Inc.), Underwriting Agreement (Bioheart, Inc.)

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Price Determination Agreement. The public offering price per share at which the Firm Shares are initially offered and the purchase price per share for the Firm Shares to be paid by the several Underwriters shall be agreed upon and set forth in the Price Determination Agreement. In the event such price has not been agreed upon and the Price Determination Agreement has not been executed by the close of business on the fourteenth business day following the date of this Agreement, this Agreement shall terminate forthwith, without liability of any party to any other party except that Sections 4(k4(i), 4(l4(j) and 7 6 shall remain in effect.

Appears in 1 contract

Samples: Vion Pharmaceuticals Inc

Price Determination Agreement. The public offering price Public Offering Price per share at which the Firm Shares are initially offered and the purchase price per share for the Firm Shares to be paid by the several Underwriters Investors to the Company and the Placement Agency Fee per Share to be paid by the Company to the Placement Agent shall be agreed upon and set forth in the Price Determination Agreement. In the event such price or such fee has not been agreed upon and the Price Determination Agreement has not been executed by the close of business on the fourteenth business day following the date of this Agreement, this Agreement shall terminate forthwith, without liability of any party to any other party except that Sections 4(k4(i), 4(l4(j) and 7 6 shall remain in effect.

Appears in 1 contract

Samples: Epimmune Inc

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Price Determination Agreement. The public offering price per share at which the Firm Shares are initially offered and the purchase price Purchase Price per share for the Firm Shares to be paid by the several Underwriters Underwriter shall be agreed upon and set forth in the Price Determination Agreement. In the event such price has not been agreed upon and the Price Determination Agreement has not been executed by the close of business on the fourteenth (14th) business day following the date of this Agreement, this Agreement shall terminate forthwith, without liability of any party to any other party except that Sections 4(k), 4(l5(g) and 7 10(f) and Article 8 in its entirety shall remain in effect.

Appears in 1 contract

Samples: Underwriting Agreement (Exploration Co of Delaware Inc)

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