Common use of Purchase and Sale of Firm Shares Clause in Contracts

Purchase and Sale of Firm Shares. On the basis of the representations, warranties, covenants and agreements contained herein, but subject to the terms and conditions set forth herein, (a) the Company shall sell to the several Underwriters at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts of the Firm Shares set forth opposite their names on Schedule I hereto, and the Underwriters, severally and not jointly, shall purchase from the Company on a firm commitment basis, at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $______ per Share, the respective amounts of the Firm Shares set forth opposite their names on Schedule I hereto; and (b) the Selling Stockholders shall sell to the several Underwriters at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts of the Firm Shares set forth opposite their names on Schedule II hereto, and the Underwriters, severally and not jointly, shall purchase from the Selling Stockholders on a firm commitment basis, at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts of the Firm Shares set forth opposite their names on Schedule I hereto. In making this Agreement, each Underwriter is contracting severally, and not jointly, and except as provided in Sections 4 and 11 hereof, the agreement of each Underwriter is to purchase only that number of shares specified with respect to that Underwriter in Schedule I hereto. The Underwriters shall offer the Shares to the public as set forth in the Prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (Intest Corp), Underwriting Agreement (Intest Corp)

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Purchase and Sale of Firm Shares. On the basis of the representations, warranties, covenants and agreements contained herein, but subject to the terms and conditions set forth herein, (a) the Company shall sell to the several Underwriters at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts of the Firm Shares set forth opposite their names on Schedule I hereto, and the Underwriters, severally and not jointly, shall purchase from the Company on a firm commitment basis, at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $______ per Share, the respective amounts of the Firm Shares set forth opposite their names on Schedule I hereto; and (b) the Selling Stockholders Shareholders shall sell to the several Underwriters at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts of the Firm Shares set forth opposite their names on Schedule II hereto, and the Underwriters, severally and not jointly, shall purchase from the Selling Stockholders Shareholders on a firm commitment basis, at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective portion of the total Firm Shares listed on Schedule II hereto that bears the same ratio as the amounts of that the Firm Shares set forth opposite their names on Schedule I heretohereto bears to the total Firm Shares listed on such schedule. In making this Agreement, each Underwriter is contracting severally, and not jointly, and except as provided in Sections 4 and 11 hereof, the agreement of each Underwriter is to purchase only that number of shares specified with respect to that Underwriter in Schedule I hereto. The Underwriters shall offer the Shares to the public as set forth in the Prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (RCM Technologies Inc), Underwriting Agreement (RCM Technologies Inc)

Purchase and Sale of Firm Shares. On the basis of the representations, warranties, covenants and agreements contained herein, but and subject to the terms and conditions set forth herein, (a) the Company shall sell to the several Underwriters at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts 3,000,000 of the Firm Shares, and each Selling Shareholder, severally and not jointly, shall sell the number of Firm Shares set forth opposite their names on his name in Table 1 of Schedule I II hereto, to the several Underwriters, and each of the Underwriters, severally and not jointly, shall purchase from the Company on a firm commitment basis, at number of Firm Shares set forth opposite its name in Schedule I hereto. The purchase price of the Firm Shares hereunder shall be the Offering Price, Price less the Underwriting Discounts and Commissions in shown on the amount of $______ per Share, the respective amounts cover page of the Prospectus. Each Underwriter shall be obligated to purchase from the Company, and from each Selling Shareholder, that number of Firm Shares that represents the same proportion of the number of Firm Shares to be sold by the Company, and by each Selling Shareholder, as the number of Firm Shares set forth opposite their names on the name of such Underwriter in Schedule I hereto; and (b) hereto represents of the Selling Stockholders shall sell total number of Firm Shares to be purchased by all of the several Underwriters at pursuant to this Agreement. The respective purchase obligations of the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts of Underwriters with respect to the Firm Shares set forth opposite their names on Schedule II heretoshall be rounded among the Underwriters to avoid fractional shares, and as the Underwriters, severally and not jointly, shall purchase from the Selling Stockholders on a firm commitment basis, at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts of the Firm Shares set forth opposite their names on Schedule I heretoRepresentatives may determine. In making this Agreement, each Underwriter is contracting severally, severally and not jointly, and except as provided in Sections 4 and 11 hereof, the agreement of each Underwriter is to purchase only that number of shares specified with respect to that Underwriter in Schedule I hereto. The several Underwriters shall intend to offer the Shares to the public as set forth in the Prospectus; provided, however, that no Shares registered pursuant to the Rule 462(b) Registration Statement, if any, will be offered prior to the filing of such registration statement with the SEC. After the initial public offering, the several Underwriters may, in their discretion, vary the public offering price.

Appears in 2 contracts

Samples: Underwriting Agreement (Judge Group Inc), Underwriting Agreement (Judge Group Inc)

Purchase and Sale of Firm Shares. On the basis of the representations, warranties, covenants and agreements contained herein, but and subject to the terms and conditions set forth herein, (a) the Company shall sell to the several Underwriters at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts 1,000,000 of the Firm Shares, and each Selling Shareholder, severally and not jointly, shall sell the number of Firm Shares set forth opposite their names on his name in Table 1 of Schedule I II hereto, to the several Underwriters, and each of the Underwriters, severally and not jointly, shall purchase from the Company on a firm commitment basisnumber of Firm Shares set forth opposite its name in Schedule I hereto, at The purchase price of the Firm Shares hereunder shall be the Offering Price, Price less the Underwriting Discounts and Commissions in shown on the amount of $______ per Share, the respective amounts cover page of the Prospectus. Each Underwriter shall be obligated to purchase from the Company, and from each Selling Shareholder, that number of Firm Shares that represents the same proportion of the number of Firm Shares to be sold by the Company, and by each Selling Shareholder, as the number of Firm Shares set forth opposite their names on the name of such Underwriter in Schedule I hereto; and (b) hereto represents of the Selling Stockholders shall sell total number of Firm Shares to be purchased by all of the several Underwriters at pursuant to this Agreement. The respective purchase obligations of the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts of Underwriters with respect to the Firm Shares set forth opposite their names on Schedule II heretoshall be rounded among the Underwriters to avoid fractional shares, and as the Underwriters, severally and not jointly, shall purchase from the Selling Stockholders on a firm commitment basis, at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts of the Firm Shares set forth opposite their names on Schedule I heretoRepresentatives may determine. In making this Agreement, each Underwriter is contracting severally, severally and not jointly, and except as provided in Sections 4 and 11 hereof, the agreement of each Underwriter is to purchase only that number of shares specified with respect to that Underwriter in Schedule I hereto. The several Underwriters shall intend to offer the Shares to the public as set forth in the Prospectus; provided, however, that no Shares registered pursuant to the Rule 462(b) Registration Statement, if any, will be offered prior to the filing of such registration statement with the SEC. After the public offering, the several Underwriters may, in their discretion, vary the public offering price.

Appears in 1 contract

Samples: Selected Dealer Agreement (Jackson Hewitt Inc)

Purchase and Sale of Firm Shares. On the basis of the representations, warranties, covenants and agreements contained herein, but subject to the terms and conditions set forth herein, : (a) the Company shall sell the Company Firm Shares to the several Underwriters at the Offering Price, less the Underwriting Discounts and Commissions in underwriting discount shown on the amount of $_______ per Share, the respective amounts cover page of the Firm Shares set forth opposite their names on Schedule I heretoProspectus, and the Underwriters, severally and not jointly, shall purchase from the Company on a firm commitment basis, at the Offering Price, Price less the Underwriting Discounts and Commissions in underwriting discount shown on the amount cover page of $______ per Sharethe Prospectus, the respective amounts of the Company Firm Shares set forth opposite their names on Schedule I hereto; and (b) the Selling Stockholders Shareholders shall sell to the several Underwriters at the Offering Price, less the Underwriting Discounts and Commissions in underwriting discount shown on the amount cover page of $_______ per Sharethe Prospectus, the respective amounts of the Selling Shareholder Firm Shares set forth opposite their names on Schedule II hereto, and the Underwriters, severally and not jointly, shall purchase from the Selling Stockholders Shareholders on a firm commitment basis, at the Offering Price, Price less the Underwriting Discounts and Commissions in underwriting discount shown on the amount cover page of $_______ per Sharethe Prospectus, the respective amounts of the Selling Shareholder Firm Shares set forth opposite their names on Schedule I hereto. In making this Agreement, each Underwriter is contracting severally, severally and not jointly, and except as provided in Sections 4 5 and 11 14 hereof, the agreement of each Underwriter is to purchase only that number of shares Offered Shares specified with respect to that Underwriter in Schedule I hereto. The Underwriters shall offer the Offered Shares to the public as set forth in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Suprema Specialties Inc)

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Purchase and Sale of Firm Shares. On the basis of the representations, warranties, covenants and agreements contained herein, but and subject to the terms and conditions set forth herein, (a) the Company shall sell to the several Underwriters at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts 1,150,000 of the Firm Shares, and each Selling Shareholder, severally and not jointly, shall sell the number of Firm Shares set forth opposite their names on his name in Table 1 of Schedule I II hereto, to the several Underwriters, and each of the Underwriters, severally and not jointly, shall purchase from the Company on a firm commitment basis, at number of Firm Shares set forth opposite its name in Schedule I hereto. The purchase price of the Firm Shares hereunder shall be the Offering Price, Price less the Underwriting Discounts and Commissions in shown on the amount of $______ per Share, the respective amounts cover page of the Prospectus. Each Underwriter shall be obligated to purchase from the Company, and from each Selling Shareholder, that number of Firm Shares that represents the same proportion of the number of Firm Shares to be sold by the Company, and by each Selling Shareholder, as the number of Firm Shares set forth opposite their names on the name of such Underwriter in Schedule I hereto; and (b) hereto represents of the Selling Stockholders shall sell total number of Firm Shares to be purchased by all of the several Underwriters at pursuant to this Agreement. The respective purchase obligations of the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts of Underwriters with respect to the Firm Shares set forth opposite their names on Schedule II heretoshall be rounded among the Underwriters to avoid fractional shares, and as the Underwriters, severally and not jointly, shall purchase from the Selling Stockholders on a firm commitment basis, at the Offering Price, less the Underwriting Discounts and Commissions in the amount of $_______ per Share, the respective amounts of the Firm Shares set forth opposite their names on Schedule I heretoRepresentatives may determine. In making this Agreement, each Underwriter is contracting severally, severally and not jointly, and except as provided in Sections 4 and 11 hereof, the agreement of each Underwriter is to purchase only that number of shares specified with respect to that Underwriter in Schedule I hereto. The several Underwriters shall intend to offer the Shares to the public as set forth in the Prospectus; provided, however, that no Shares registered pursuant to the Rule 462(b) Registration Statement, if any, will be offered prior to the filing of such registration statement with the SEC. After the public offering, the several Underwriters may, in their discretion, vary the public offering price.

Appears in 1 contract

Samples: Underwriting Agreement (Jackson Hewitt Inc)

Purchase and Sale of Firm Shares. On the basis of the representations, warranties, covenants and agreements contained herein, but subject to the terms and conditions set forth herein, : (a) the Company shall sell the Company Firm Shares to the several Underwriters at the Offering Price, less the Underwriting Discounts and Commissions in underwriting discount shown on the amount of $_______ per Share, the respective amounts cover page of the Firm Shares set forth opposite their names on Schedule I heretoProspectus, and the Underwriters, severally and not jointly, shall purchase from the Company on a firm commitment basis, at the Offering Price, Price less the Underwriting Discounts and Commissions in underwriting discount shown on the amount cover page of $______ per Sharethe Prospectus, the respective amounts of the Company Firm Shares set forth opposite their names on Schedule I hereto; and (b) the Selling Stockholders Shareholders shall sell to the several Underwriters at the Offering Price, less the Underwriting Discounts and Commissions in underwriting discount shown on the amount cover page of $_______ per Sharethe Prospectus, the respective amounts of the Selling Shareholder Firm Shares set forth opposite their names on Schedule II hereto, and the Underwriters, severally and not jointly, shall purchase from the Selling Stockholders Shareholders on a firm commitment basis, at the Offering Price, Price less the Underwriting Discounts and Commissions in underwriting discount shown on the amount cover page of $_______ per Sharethe Prospectus, the respective amounts of the Selling Shareholder Firm Shares set forth opposite their names on Schedule I hereto. In making this Agreement, each Underwriter is contracting severally, severally and not jointly, and except as provided in Sections 4 5 and 11 13 hereof, the agreement of each Underwriter is to purchase only that number of shares Offered Shares specified with respect to that Underwriter in Schedule I hereto. The Underwriters shall offer the Offered Shares to the public as set forth in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Suprema Specialties Inc)

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