Common use of Purchase and Sale Clause in Contracts

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 per Unit, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Hicks Acquisition CO I Inc.)

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Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 9.625 per Unit, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Hennessy Capital Acquisition Corp.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agreesagrees to purchase, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 31.41 per Unit, the amount number of the Underwritten Securities Units set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Seadrill Partners LLC)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 22.80 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I II hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Chesapeake Corp /Va/)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each the Underwriter, and each the Underwriter agrees, severally and not jointly, agrees to purchase from the Company, at a purchase price of equal to $9.685 11.00 per Unitshare, all (but not less than all) the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I heretoSecurities.

Appears in 1 contract

Samples: Underwriting Agreement (Continental Airlines Inc /De/)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 19.66125 per Common Unit, the amount number of the Underwritten Securities Units set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Management Services Agreement (Constellation Energy Partners LLC)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, in each case at a purchase price of $9.685 25.85 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Conor Medsystems Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 14.79 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Progenics Pharmaceuticals Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a net purchase price of $9.685 48.625 per Unit, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Letter Agreement (BrightSpring Health Services, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 32.9475 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I II hereto.

Appears in 1 contract

Samples: Shurgard Storage Centers Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 16.22 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Equity One Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $9.685 97.00 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I heretoto this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Royal Gold Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 51.81 per Unitshare of Common Stock, the amount number of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I heretoopposite the name of such Underwriter.

Appears in 1 contract

Samples: PACIFIC GAS & ELECTRIC Co

Purchase and Sale. (a) Subject to the terms and conditions and ------------------ in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 per Unit97.05% of the principal amount thereof, plus accrued interest, if any, from February 29, 2000 to the Closing Date, the principal amount of the Underwritten Firm Securities set forth opposite such Underwriter's Underwriters name in on Schedule I hereto.

Appears in 1 contract

Samples: Level 3 Communications Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 28.47 per Unit, the amount number of the Underwritten Securities Firm Units set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Seadrill Partners LLC)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 12.128 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Windrose Medical Properties Trust

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 9.60 per UnitUnit (subject to adjustment pursuant to Section 2(c)), the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Alternative Asset Management Acquisition Corp.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 9.735 per Unit, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Eagleline Acquisition Corp.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 25.30 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Rare Hospitality International Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 9.75 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I II hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Swift Energy Co)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 24.0625 per Unitshare, the amount of the Underwritten Securities Firm Shares set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Brandywine Realty Trust

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 46.075 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (eHealth, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 44.415 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Letter Agreement (Apellis Pharmaceuticals, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 26.74 per Unitshare, the amount number of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I II hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Constellation Brands Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 24.46875 per Unitshare, the amount number of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO)

Purchase and Sale. (a) Subject On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agreesthe Underwriters, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price of $9.685 per Unit99.73111% of the principal amount thereof, the principal amount of the Underwritten Securities Class A Notes, set forth opposite such Underwriter's ’s name in the respective amounts shown on Schedule I A hereto.

Appears in 1 contract

Samples: Administration Agreement (RFS Holding LLC)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $9.685 US$1.88 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I heretoto this Agreement.

Appears in 1 contract

Samples: U S Gold Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 38.7125 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Interface Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 32.08625 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Cactus, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 6.063 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Shattuck Labs, Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 2.8425 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Civeo Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 9.63 per UnitUnit (subject to adjustment pursuant to Section 2(c)), the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Capitol Acquisition Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 37.80 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Letter Agreement (Apellis Pharmaceuticals, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $9.685 per Unit, 99.150% of the principal amount of the Underwritten Securities 2021 Notes set forth opposite such Underwriter's ’s name in Schedule I II hereto, plus accrued interest, if any, from December 7, 2015 to the Closing Date.

Appears in 1 contract

Samples: Pioneer Natural Resources Co

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each the Underwriter, and each the Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 47.46 per Unitshare, the amount of the 1,250,000 Underwritten Securities set forth opposite such Underwriter's name in Schedule I heretoSecurities.

Appears in 1 contract

Samples: Eastgroup Properties Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 97.00 per Unit, the amount respective number of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Genesee & Wyoming Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 per Unit96.75% of the principal amount thereof, plus accrued interest, if any, from May 12, 2020 to the Closing Date, the principal amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Spirit Airlines, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 43.01 per Unitshare of Common Stock, the amount number of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I heretoopposite the name of such Underwriter.

Appears in 1 contract

Samples: Pg&e Corp

Purchase and Sale. (a) Subject On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, the Underwriter and each the Underwriter agrees, severally and not jointly, agrees to purchase from the CompanyCompany the Shares, at a purchase price per share of $9.685 per Unit, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto16.35.

Appears in 1 contract

Samples: Letter Agreement (New York Community Bancorp Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 24.2125 per Unitshare, the amount of the Underwritten Securities Firm Shares set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Brandywine Realty Trust

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 28.59 per Unitshare, the amount number of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 9.2625 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I II hereto.

Appears in 1 contract

Samples: Advanced Energy Industries Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company Selling Stockholder hereby agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholder, at a purchase price of $9.685 30.40 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I I(A) hereto.

Appears in 1 contract

Samples: Ingersoll Rand Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 per Unit99.621% of the principal amount thereof, plus accrued interest, if any, from September 21, 2012 to the Closing Date, the principal amount of the Underwritten Securities Notes set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Tech Data Corp

Purchase and Sale. (a) Subject The Company hereby agrees to sell to the terms several Underwriters, and conditions and the Underwriters, in reliance upon the representations and warranties herein set forthcontained, but subject to the Company agrees to sell to each Underwriterconditions hereinafter stated, and each Underwriter agreesagree, severally and not jointly, to purchase from the Company, at a purchase price Company the respective numbers of $9.685 per Unit, the amount of the Underwritten Securities Shares set forth opposite such Underwriter's name in Schedule I heretohereto opposite their names at $31.25 per share (the "purchase price").

Appears in 1 contract

Samples: FMC Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forthforth herein, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 22.24 per Unitshare, the amount number of shares of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: HCC Insurance Holdings Inc/De/

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company Selling Stockholder hereby agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholder, at a purchase price of $9.685 25.66 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I I(A) hereto.

Appears in 1 contract

Samples: Gardner Denver Holdings, Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 18.63 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Progenics Pharmaceuticals Inc

Purchase and Sale. (a) Subject On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agreesthe Underwriters, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price of $9.685 per Unit99.75000% of the principal amount thereof, the principal amount of the Underwritten Securities Class A Notes, set forth opposite such Underwriter's name in the respective amounts shown on Schedule I A hereto.

Appears in 1 contract

Samples: Underwriting Agreement (GE Capital Credit Card Master Note Trust)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 7.25 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Pain Therapeutics Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 51.36 per Unitshare, the amount of the Underwritten Securities set forth opposite the name of such Underwriter's name Underwriter in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Cactus, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 32.06 per Unitshare, the amount number of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO)

Purchase and Sale. (a) Subject On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agreesthe Underwriters, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price of $9.685 per Unit99.69421% of the principal amount thereof, the principal amount of the Underwritten Securities Class A Notes, set forth opposite such Underwriter's name in the respective amounts shown on Schedule I A hereto.

Appears in 1 contract

Samples: Underwriting Agreement (GE Capital Credit Card Master Note Trust)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 7.68 per Unit, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (KBL Healthcare Acquisition Corp III)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 26.79 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Merus N.V.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 9.635 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Calithera Biosciences, Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each the Underwriter, and each the Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 47.81 per Unitshare, the amount of the 1,050,000 Underwritten Securities set forth opposite such Underwriter's name in Schedule I heretoSecurities.

Appears in 1 contract

Samples: Eastgroup Properties Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 46.3995 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Partnerre LTD

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 24.25 per Unitshare, the amount number of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I II hereto. The initial public offering price of the Underwritten Securities shall not exceed the public offering price recommended by the Independent Underwriter (as defined herein).

Appears in 1 contract

Samples: Constellation Brands Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 11.19 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I II hereto.

Appears in 1 contract

Samples: Irt Property Co

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 11.76 per Unitshare, the amount of the Underwritten Firm Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Teekay Tankers Ltd.)

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Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 10.23 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Reata Pharmaceuticals Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 3.3163 per Unitshare, the amount of the Underwritten Firm Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Eclipse Resources Corp)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 24.25 per Equity Unit, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.the

Appears in 1 contract

Samples: NRG Energy Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 24.70 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I heretoto this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Royal Gold Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 985.00 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Southern California Edison Co)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 14.805 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Tejas Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 4.572 per Unitshare, the amount of the Underwritten Firm Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Teekay Tankers Ltd.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 25.00 per Unitshare, the amount of the Underwritten Securities Depositary Shares set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: FelCor Lodging Trust Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 12.555 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Miix Group Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 23.275 per Unitshare, the amount number of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Genesee & Wyoming Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 9.70 per UnitUnit (subject to adjustment pursuant to Section 2(c)), the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Prospect Acquisition Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company Selling Stockholder agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholder, at a purchase price of $ $9.685 17.173125 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: First Data Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 9.80 per UnitOrdinary Shares, the amount of the Underwritten Firm Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Jaws Wildcat Acquisition Corp)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 38.60 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Athlon Energy Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each the Underwriter, and each the Underwriter agrees, severally and not jointly, agrees to purchase from the Company, at a purchase price of $9.685 27.59 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I heretoSecurities.

Appears in 1 contract

Samples: Brandywine Realty Trust

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 11.664 per Unitshare, the amount of the Underwritten Firm Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Teekay Tankers Ltd.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price Company the number of $9.685 per Unit, the amount of the Underwritten Securities set forth opposite the name of such Underwriter's name Underwriter in Schedule I hereto. The purchase price for each Common Share shall be $5.64 per share.

Appears in 1 contract

Samples: Mind Medicine (MindMed) Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $9.685 4.775 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I heretoto this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Hecla Mining Co/De/)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each Underwriter, and each Underwriter the Underwriters an aggregate of 100,000 shares of Series A Preferred. Each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a purchase price Company the number of $9.685 per Unit, the amount of the Underwritten Securities set forth opposite such Underwriter's its name in Schedule I hereto. The purchase price per Underwritten Security to be paid by the several Underwriters to the Company shall be $___ per share.

Appears in 1 contract

Samples: Autobond Acceptance Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $9.685 2.418 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I heretoto this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Prospect Global Resources Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 29.00 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Appears in 1 contract

Samples: Copart Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $9.685 16.1204 per Unitshare, the amount number of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (AquaVenture Holdings LTD)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 81.5074 per UnitSecurity, the amount number of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I heretoopposite the name of such Underwriter.

Appears in 1 contract

Samples: PACIFIC GAS & ELECTRIC Co

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 22.06 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I II hereto. The Company's obligation to deliver any of the Underwritten Securities is conditioned upon payment for all of the Underwritten Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Forest Oil Corp

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 12.22 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Letter Agreement (Academy Sports & Outdoors, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 9.37175 per Unitshare of Common Stock, the amount number of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I heretoopposite the name of such Underwriter.

Appears in 1 contract

Samples: PACIFIC GAS & ELECTRIC Co

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, agrees to purchase from the Company, at a purchase price of $9.685 25.75 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I heretoSecurities.

Appears in 1 contract

Samples: Home Properties of New York Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 18.80 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Mirum Pharmaceuticals, Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees Selling Stockholders agree to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the CompanySelling Stockholders, at a purchase price of $9.685 44.746875 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I II hereto.

Appears in 1 contract

Samples: Athlon Energy Inc.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 17.8525 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Freescale Semiconductor, Ltd.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $9.685 36.29 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I heretoto this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Royal Gold Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 18.145 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I II hereto.

Appears in 1 contract

Samples: Amkor Technology Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 26.30 per Unitshare, the amount number of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO)

Purchase and Sale. (a) Subject On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agreesthe Underwriters, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price of $9.685 per Unit99.72900% of the principal amount thereof, the principal amount of the Underwritten Securities Class A Notes, set forth opposite such Underwriter's ’s name in the respective amounts shown on Schedule I A hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Synchrony Credit Card Master Note Trust)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 29.4525 per Unit, the amount number of the Underwritten Securities Firm Units set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Seadrill Partners LLC)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forthforth herein, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a the purchase price of $9.685 per Unit97.25% of the principal amount thereof, plus accrued interest, if any, from September 20, 2010 to the Closing Date, the principal amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in on Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Level 3 Communications Inc)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, Company at a purchase price of $9.685 US$9.30 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: MEMSIC Inc

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 110.40 per Unitshare, the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (eHealth, Inc.)

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of $9.685 9.60 per UnitUnit (subject to adjustment pursuant to Section 2(c)), the amount of the Underwritten Securities set forth opposite such Underwriter's ’s name in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (NTR Acquisition Co.)

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