Pricing Agreement. The Pricing Agreement has been duly authorized, executed and delivered by the Company.
Pricing Agreement. [Name and Address of Representatives of Underwriters] September __, 1998 Ladies and Gentlemen: MBIA Inc., a Connecticut corporation (the "Company"), proposes, subject to the terms and conditions stated herein and in the Underwriting Agreement -- Standard Terms, dated September __ 1998 (the "Underwriting Agreement"), to issue and sell to the Underwriters named in Schedule I hereto (the "Underwriters") the Securities specified in Schedule II hereto (the "Designated Securities"). Each of the provisions of the Underwriting Agreement, insofar as such provision relates to the Designated Securities, or the issuance and sale, and not insofar as such provision relates to other Securities, or their issuance or sale, is incorporated herein by reference in its entirety, and shall be deemed to be a part of this Agreement to the same extent as if such provisions had been set forth in full herein; and each of the representations and warranties set forth therein shall be deemed to have been made at and as of the date of this Pricing Agreement, except that each representation and warranty which refers to the Prospectus in Section 2 of the Underwriting Agreement shall be deemed to be a representation or warranty as of the date of the Underwriting Agreement in relation to the Prospectus (as therein defined), and also a representation and warranty as of the date of this Pricing Agreement in relation to the Prospectus as amended or supplemented relating to the Designated Securities which are the subject of this Pricing Agreement. Each reference to the Representatives herein and in the provisions of the Underwriting Agreement so incorporated by reference shall be deemed to refer to you. Unless otherwise defined herein, terms defined in the Underwriting Agreement are used herein as therein defined. The Representatives designated to act on behalf of the Representatives and on behalf of each of the Underwriters of the Designated Securities pursuant to Section 12 of the Underwriting Agreement and the address of the Representatives referred to in such Section 12 are set forth at the end of Schedule II hereto. An amendment to the Registration Statement, or a supplement to the Prospectus, as the case may be, relating to the Designated Securities, in the form heretofore delivered to you is now proposed to be filed with the Commission. Subject to the terms and conditions set forth herein and in the Underwriting Agreement incorporated herein by reference, the Company agrees to issue and ...
Pricing Agreement. Particular sales of Designated Securities may be made from time to time to the Underwriters of such securities, for whom the firms designated as representatives of the Underwriters of such securities in the Pricing Agreement relating thereto will act as representatives (the “Representatives”). The term “Representatives” also refers to a single firm acting as sole representative of the Underwriters and to Underwriters who act without any firm being designated as their representative. This Underwriting Agreement shall not be construed as an obligation of South Africa to sell any of the Securities or as an obligation of any of the Underwriters to purchase the Securities. The obligation of South Africa to issue and sell any of the Securities and the obligation of any of the Underwriters to purchase any of the Securities shall be evidenced by the Pricing Agreement with respect to the Designated Securities specified therein. Each Pricing Agreement shall specify the aggregate principal amount of such Designated Securities, the initial public offering price of such Designated Securities, the purchase price to the Underwriters of such Designated Securities, the names of the Underwriters of such Designated Securities, the names of the Representatives of such Underwriters and the principal amount of such Designated Securities to be purchased by each Underwriter and shall set forth the date, time and manner of delivery of such Designated Securities and payment therefor. The Pricing Agreement shall also specify (to the extent not set forth in the Fiscal Agency Agreement and the registration statement and prospectus with respect thereto) the terms of such Designated Securities. A Pricing Agreement shall be in the form of an executed writing (which may be in counterparts), and may be evidenced by an exchange of telegraphic communications or any other rapid transmission device designed to produce a written record of communications transmitted. The obligations of the Underwriters under this Agreement and each Pricing Agreement shall be several and not joint.
Pricing Agreement. 5.1 The price of Goods and/or Services shall be indicated on any invoice, quotation, work authority or other commercial form provided by the Supplier to the Customer in respect of Goods supplied, plus any transportation, freight, postage, packaging, handling, insurance and GST (where applicable, GST will be charged at the appropriate rate at the date of invoice).
5.2 Where the price of the Goods and/or Services has been quoted by the Supplier that price shall be binding upon the Supplier provided that the Goods and/or Services are delivered to and accepted by the Customer within thirty (30) days of the invoice, quotation, work authority or other commercial form.
5.3 The price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that the taxes and duties are expressly included in any quotation given by the Supplier.
5.4 Notwithstanding any prior acknowledgment by the Supplier of the price of Goods and/or Services, the prices specified for Goods and/or Services may at the Supplier’s option be subject to the Supplier’s prices and charges in effect at the time of delivery.
5.5 The Supplier shall be entitled to alter the price of Goods and/or Services in the invoice or contract price as a consequence of currency fluctuations, taxes, customs duty or other government imposts.
Pricing Agreement. The Pricing Agreement shall have been duly authorized, executed and delivered by the Company, the Selling Shareholders and the Representative on behalf of the several Underwriters, there being no obligation to execute the Pricing Agreement.
Pricing Agreement. Because CFC does not charge a commission, we ask that exhibitors agree not to change their prices for at least 6 months after showing at Fountain Square to avoid unfair competition with Xxxxxxxxxxx’s retail art galleries. This pertains to sales in the Bloomington area only.
Pricing Agreement. Pegasus agrees that the pricing offered to any other customer with the same or similar Net Reservation volumes and Minimum Volume commitments for the Interface and Reservation Function provided pursuant to this Agreement shall not be any more favorable than the pricing set forth in Section 3.1 hereof. In the event Pegasus enters into an agreement with such customer for the Interface and Reservation Function and with the same or similar Net Reservation volumes and Minimum Volume commitments as provided pursuant to this Agreement with more favorable pricing than as set forth in this Agreement, Pegasus shall notify Orbitz in writing of such pricing within thirty (30) days of the date of full execution of such agreement and shall make such pricing available to Orbitz. If such pricing is accepted by Orbitz, this Agreement shall be amended to include such pricing.
Pricing Agreement. Licensee agrees to pay certain fees and charges as described in the attached exhibits, which are incorporated herein by reference. Any monthly fees shall be invoiced by DCS on the first of every month subsequent to the month in which this Agreement commences. Notwithstanding the pricing terms described in the attached and incorporated exhibits, DCS and Licensee may agree upon special pricing promotions from time to time whereas DCS will issue Licensee a coupon code to reduce the monthly fee for an agreed upon time.
Pricing Agreement. The obligations of the Underwriters under this Agreement and each Pricing Agreement shall be several and not joint.
2. The Designated Trust and the Company, jointly and severally, each represents and warrants to, and agrees with, each of the Underwriters that:
(a) A registration statement on Form S-3 (File No. 333-[_____]) (the "Initial Registration Statement") in respect of the Securities, the Subordinated Debentures and the Guarantees (including the Designated Securities, the Designated Subordinated Debentures and the Designated Guarantees) has been filed with the Securities and Exchange Commission (the "Commission"); the Initial Registration Statement and any post-effective amendment thereto, each in the form heretofore delivered or to be delivered to the Representatives and, excluding exhibits to such registration statement, but including all documents incorporated by reference in the prospectus included therein, to the Representatives for each of the other Underwriters has been declared effective by the Commission in such form; other than a registration statement, if any, increasing the size of the offering (a "Rule 462(b) Registration Statement"), filed pursuant to Rule 462(b) under the Securities Act of 1933, as amended (the "Act"), which became effective upon filing, no other document with respect to the Initial Registration Statement or document incorporated by reference therein has heretofore been filed, or transmitted for filing, with the Commission (other than prospectuses filed pursuant to Rule 424(b) of the rules and regulations of the Commission under the Act, each in the form heretofore delivered to the Representatives); and no stop order suspending the effectiveness of the Initial Registration Statement, any post-effective amendment thereto or the Rule 462(b) Registration Statement, if any, has been issued and no proceeding for that purpose has been initiated or threatened by the Commission (any preliminary prospectus included in the Initial Registration Statement or filed with the Commission pursuant to Rule 424(a) under the Act is hereinafter called a "Preliminary Prospectus"; the various parts of the Initial Registration Statement and the Rule 462(b) Registration Statement, if any, including (i) the information contained in the form of final prospectus filed with the Commission pursuant to Rule 424(b) under the Act in accordance with Section 5(a) hereof and deemed by virtue of Rule 430A under the Act to be part of the Initial Registrati...
Pricing Agreement. [NAMES OF REPRESENTATIVE(S)] As Representatives of the several Underwriters named in Schedule I hereto, [c/o Book-Running Representative(s)] [Address] [City, State ZIP]
