Common use of Public Offering of the Offered Shares Clause in Contracts

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 18 contracts

Samples: Underwriting Agreement (Intricon Corp), Underwriting Agreement (Sajan Inc), Underwriting Agreement (Quidel Corp /De/)

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Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 8 contracts

Samples: Underwriting Agreement (Transenterix, Inc.), Underwriting Agreement (Senseonics Holdings, Inc.), Underwriting Agreement (Tg Therapeutics, Inc.)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company and the Selling Stockholders that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 4 contracts

Samples: Underwriting Agreement (Hain Celestial Group Inc), Underwriting Agreement (Icahn Carl C), Underwriting Agreement (Hain Celestial Group Inc)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the UnderwriterRepresentative, in its sole judgment, has determined is advisable and practicable. Each Underwriter agrees that it will not make any offer relating to the Offered Shares that would constitute a “free writing prospectus,” as defined in Rule 405 under the Act.

Appears in 4 contracts

Samples: Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth as described in the Time of Sale Prospectus and the Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed and the Registration Statement has been declared effective as the UnderwriterUnderwriters, in its their sole judgment, has have determined is advisable and practicable.

Appears in 3 contracts

Samples: Underwriting Agreement (Novastar Financial Inc), Underwriting Agreement (Novastar Financial Inc), Underwriting Agreement (Novastar Financial Inc)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the UnderwriterJefferies, in its sole judgment, has determined is advisable and practicable.

Appears in 2 contracts

Samples: Underwriting Agreement (Arrowhead Pharmaceuticals, Inc.), Underwriting Agreement (Arrowhead Pharmaceuticals, Inc.)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the portions of the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 2 contracts

Samples: Underwriting Agreement (Double Eagle Petroleum Co), Underwriting Agreement (Double Eagle Petroleum Co)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company and the Selling Shareholder that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus Information and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 2 contracts

Samples: Underwriting Agreement (Medpace Holdings, Inc.), Underwriting Agreement (Medpace Holdings, Inc.)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the UnderwriterRepresentative, in its sole judgment, has determined is advisable and practicable.

Appears in 2 contracts

Samples: Underwriting Agreement (Diversified Restaurant Holdings, Inc.), Underwriting Agreement (Diversified Restaurant Holdings, Inc.)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company and the Selling Shareholder that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 2 contracts

Samples: Underwriting Agreement (Medpace Holdings, Inc.), Underwriting Agreement (Medpace Holdings, Inc.)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the UnderwriterRepresentative, in its sole judgment, has determined is advisable and practicable. Each Underwriter agrees that it will not make any offer relating to the Offered Shares that would constitute a "free writing prospectus," as defined in Rule 405 under the Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Peekay Boutiques, Inc.), Underwriting Agreement (Peekay Boutiques, Inc.)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter it intends to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 2 contracts

Samples: Underwriting Agreement (Gulfmark Offshore Inc), Underwriting Agreement (Eagle Bulk Shipping Inc.)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter intends Selling Stockholder of its intent to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed and the Registration Statement has been declared effective as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 2 contracts

Samples: Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed as the UnderwriterUnderwriters, in its their sole judgment, has have determined is advisable and practicable.

Appears in 2 contracts

Samples: Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement (Metabolix, Inc.)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter intends Selling Stockholders of its intent to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed and the Registration Statement has been declared effective as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 2 contracts

Samples: Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company and the Selling Stockholder that the Underwriter it intends to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 2 contracts

Samples: Underwriting Agreement (QualityTech, LP), Underwriting Agreement (QualityTech, LP)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth as described in the Time of Sale Prospectus and the Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed and the Registration Statement has been declared effective, as the UnderwriterUnderwriters, in its their sole judgment, has have determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Novastar Financial Inc)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter it intends to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed and as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company and the Selling Stockholders that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the UnderwriterRepresentative, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Abraxas Petroleum Corp)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company and the Selling Stockholder that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the UnderwriterUnderwriters, in its sole their judgment, has have determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Gulfport Energy Corp)

Public Offering of the Offered Shares. The Each Underwriter hereby advises the Company that the Underwriter it intends to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, its portion of the Offered Shares as soon after this Agreement has been executed and as the such Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter it intends to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed and the Registration Statement has been declared effective as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (National Storage Affiliates Trust)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises the Company and the Selling Shareholder that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the UnderwriterUnderwriters, in its sole their judgment, has have determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Atp Oil & Gas Corp)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company and the Selling Shareholder that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Gulf Island Fabrication Inc)

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Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company and the Selling Stockholders that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed as the UnderwriterUnderwriters, in its their sole judgment, has have determined is advisable and practicable.

Appears in 1 contract

Samples: Engaged Capital LLC

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter it intends to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Intrepid Potash, Inc.)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company and the Selling Stockholder that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Gulfport Energy Corp)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, the its Offered Shares as soon after this Agreement has been executed as and the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Real Good Food Company, Inc.)

Public Offering of the Offered Shares. The Underwriter Fxxxxx hereby advises the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed and the Registration Statement has been declared effective as the UnderwriterFxxxxx, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Energy West Inc)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus General Disclosure Package and the Final Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed as the UnderwriterUnderwriters, in its their sole judgment, has have determined is advisable and practicable. The Underwriters may from time to time, after the Offered Shares have initially been offered to the public, increase or decrease the Offering Price to such extent as may be determined by the Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Hydrogenics Corp)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company and the Selling Stockholders that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Igate Corp)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms as set forth in the Time of Sale Prospectus and the Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed as the UnderwriterUnderwriters, in its their sole judgment, has have determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Sabra Health Care REIT, Inc.)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed as and the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Parallel Petroleum Corp)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company and the Selling Stockholders that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed and the Registration Statement has been declared effective as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Papa Murphy's Holdings, Inc.)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as and the Underwriter, in its sole judgment, has determined is advisable and practicable. The Company and the Underwriter have agreed that the information set forth on Schedule A hereto shall be orally conveyed by the Underwriter to each purchaser of Offered Shares (such information, the “Scripted Information”) prior to the Underwriter confirming any sales of such Offered Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Parallel Petroleum Corp)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the each Applicable Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed and the Registration Statement becomes effective as the UnderwriterLead Underwriters, in its their sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (GLG Life Tech Corp)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company that the Underwriter intends to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)

Public Offering of the Offered Shares. The Underwriter Underwriters hereby advises advise the Company that the Underwriter intends Underwriters intend to offer for sale to the public, initially on the terms set forth in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the UnderwriterRepresentatives, in its sole their judgment, has have determined is advisable and practicable.

Appears in 1 contract

Samples: Underwriting Agreement (Abraxas Petroleum Corp)

Public Offering of the Offered Shares. The Underwriter hereby advises the Company and the Selling Stockholders that the Underwriter intends to offer for sale to the public, initially on the terms set forth as described in the Time of Sale Prospectus and the Prospectus, the Offered Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and practicable.

Appears in 1 contract

Samples: HFF, Inc.

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