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 the Underwriter, and the Underwriter agrees to purchase from the Company, at a price equal to $11.00 per share, all (but not less than all) the Securities.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 19.66125 per shareCommon Unit, all (but not less than all) the Securitiesnumber of the Underwritten Units set forth opposite such Underwriter’s name in Schedule I hereto.

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 the Underwriters, severally and not jointly, and each Underwriter, severally and the Underwriter not jointly, agrees to purchase from the Company, at a purchase price equal to $11.00 per shareof 99.73111% of the principal amount thereof, all (but not less than all) the Securitiesprincipal amount of the Class A Notes, set forth opposite such Underwriter’s name in the respective amounts shown on Schedule A hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a the purchase price equal to $11.00 of US$1.88 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I to this Agreement.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 38.7125 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 32.08625 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 6.063 per share, all (but not less than all) the Securitiesamount of the Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 67.725 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 22.0875 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule II hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 48.375 per shareshare of Preferred Stock, all (but not less than all) the Securitiesnumber of Firm Securities set forth opposite such Underwriter's name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 9.408 per share, all (but not less than all) the Securitiesamount of the Firm Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, Company at a purchase price equal to of $11.00 64.93 per share, all (but not less than all) the Securitiesamount of the Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the UnderwriterUnderwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a price equal to of $11.00 170.50 per share, all (but not less than all) the Securitiesnumber of Shares set forth opposite the name of each Underwriter in Schedule II hereof, subject to adjustments in accordance with Section 8 hereof.

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 the UnderwriterUnderwriters an aggregate of 650,000 shares of Common Stock. Each of the Underwriters agrees, severally and the Underwriter agrees not jointly, to purchase from the Company, at a Company the number of Underwritten Securities set forth opposite its name in Schedule I hereto. The purchase price equal per Underwritten Security to be paid by the several Underwriters to the Company shall be $11.00 -.-- per share, all (but not less than all) the Securities.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 10.8768 per share, all (but not less than all) the Securitiesamount of the Firm Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a the purchase price equal of 97.5% of the principal amount thereof, plus accrued interest, if any, from June 13, 2006 to $11.00 per sharethe Closing Date, all (but not less than all) the Securitiesprincipal amount of Underwritten Securities set forth opposite such Underwriter’s name on Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal of $9.625 per Unit (subject to $11.00 per shareadjustment pursuant to Section 2(c)), all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a the purchase price equal to of $11.00 48.50 per shareshare of Security, all (but not less than all) the Securitiesrespective shares of Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Purchase and Sale. (a) Subject On the basis of the representations, warranties and covenants herein contained, and 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 the UnderwriterUnderwriters and each Underwriter agrees, and the Underwriter agrees to purchase from the Companypurchase, at a price equal to of $11.00 28.36 per share, all (but not less than all) the Securitiesnumber of Firm Shares set forth opposite the name of such Underwriter in Schedule I hereof.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 13.30 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 12.555 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company Selling Shareholder agrees to sell to the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the CompanySelling Shareholder, at a purchase price equal of $24.4375 per Share, the number of Initial Shares set forth opposite such Underwriter’s name on Schedule I hereto, subject to $11.00 per share, all (but not less than all) the Securitiesadjustment as set forth in Section 10 hereof.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 24.50 per share, all (but not less than all) the Securitiesnumber of the Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal of 97.50% of the principal amount thereof, plus accrued interest, if any, from April 30, 2021 to $11.00 per sharethe Closing Date, all (but not less than all) the Securitiesprincipal amount of Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Purchase and Sale. (a) Subject On the basis of the representations and warranties herein contained, and subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to shall issue and sell to each of the UnderwriterUnderwriters, and the each Underwriter agrees to shall purchase from the Company, at a the time and place herein specified, severally and not jointly, the respective number of shares of Stock set forth opposite such Underwriter's name on Schedule I hereto at the purchase price equal to of $11.00 24.50 per share, all (but not less than all) the Securities.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 7.755 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal of $7.60 per Unit (subject to $11.00 per shareadjustment pursuant to Section 2(c)), all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

Purchase and Sale. (a) Subject On the basis of the representations, warranties and covenants herein contained, and 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 the UnderwriterUnderwriters and each Underwriter agrees, severally and the Underwriter agrees not jointly, to purchase from the Companypurchase, at a price equal to of $11.00 33.9913 per share, all (but not less than all) the Securitiesnumber of Firm Shares set forth opposite the name of such Underwriter in Schedule I hereof.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal of 97.05% of the principal amount thereof, plus accrued interest, if any, from February 29, 2000 to $11.00 per sharethe Closing Date, all (but not less than all) the Securitiesprincipal amount of Firm Securities set forth opposite such Underwriters name on Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 98.75 per share, all (but not less than all) the Securitiesamount of the Securities set forth opposite such Underwriter's name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 9.685 per shareUnit, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 9.625 per shareUnit, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 24.60 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 17.5750 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Purchase and Sale. (a) Subject to Upon the basis of the warranties and representations and on the terms and subject to the conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to the Underwriterrespective Underwriters named in Exhibit 1 hereto, severally and not jointly, and the Underwriter agrees respective Underwriters, severally and not jointly, agree to purchase from the Company, the respective number of Underwritten Securities set opposite their names in Exhibit 1 hereto, together aggregating all of the Underwritten Securities, at a purchase price equal to $11.00 49.00 per share, all (but not less than all) the SecuritiesSecurity.

Purchase and Sale. (ai) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 9.95 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, Company at a purchase price equal to of $11.00 18.6225 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule II hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal of $9.65 per Unit (subject to $11.00 per shareadjustment pursuant to Section 2(c)), all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a the purchase price equal to of $11.00 50 per shareSecurity, all (but not less than all) the Securitiesamount of Underwritten Securities set forth in Schedule I opposite the name of such Underwriter.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 5.795 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 9.40 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 48.57 per share, all (but not less than all) the Securitiesnumber of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

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, the Company agrees to sell but subject to the Underwriterconditions hereinafter stated, agree, severally and the Underwriter agrees not jointly, to purchase from the Company, Company the respective numbers of Shares set forth in Schedule I hereto opposite their names at a price equal to $11.00 31.25 per share, all share (but not less than all) the Securities"purchase price").

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a price equal to $11.00 22.24 per share, all (but not less than all) the Securitiesnumber of shares of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the CompanySelling Stockholder, at a purchase price equal to of $11.00 25.66 per share, all (but not less than allthe amount of the Securities set forth opposite such Underwriter’s name in Schedule I(A) the Securitieshereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 18.63 per share, all (but not less than all) the Securitiesamount of Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 26.024 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 28.47 per shareUnit, all (but not less than all) the Securitiesnumber of Firm Units set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 12.128 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 3.84 per share, all (but not less than all) the Securitiesamount of the Firm Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the CompanySelling Stockholder, at a price equal to $11.00 20.10 per share, all (but not less than all) the Securitiesnumber of Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees to purchase purchase, severally and not jointly, from the Company, at a purchase price equal to of $11.00 31.41 per shareUnit, all (but not less than all) the Securitiesnumber of Units set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 22.80 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule II hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 8.69 per shareShare, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule II hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 31.119 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule II hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 24.16125 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule II hereto.

Purchase and Sale. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company Selling Shareholder agrees to sell to the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the CompanySelling Shareholder, at a purchase price equal to of $11.00 15.79875 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a the purchase price equal to of $11.00 29.25 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I to this Agreement.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal of 96.75% of the principal amount thereof, plus accrued interest, if any, from May 12, 2020 to $11.00 per sharethe Closing Date, all (but not less than all) the Securitiesprincipal amount of Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

Purchase and Sale. (a) Subject On the basis of the representations and ----------------- warranties herein contained and subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each of the UnderwriterUnderwriters, and each of the Underwriter agrees Underwriters agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 19.3875 per share, all (but not less than all) the Securitiesnumber of Firm Shares set forth opposite the name of such Underwriter in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 97.00 per shareUnit, all (but not less than all) the Securitiesrespective number of Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the Underwriter, Underwriter and the Underwriter agrees to purchase from the CompanyCompany the Shares, at a purchase price equal to per share of $11.00 per share, all (but not less than all) the Securities16.35.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 24.2125 per share, all (but not less than all) the SecuritiesFirm Shares set forth opposite such Underwriter's name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 28.59 per share, all (but not less than all) the Securitiesnumber of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 9.2625 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule II hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the CompanySelling Stockholder, at a purchase price equal to of $11.00 30.40 per share, all (but not less than allthe amount of the Securities set forth opposite such Underwriter’s name in Schedule I(A) the Securitieshereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal of 99.621% of the principal amount thereof, plus accrued interest, if any, from September 21, 2012 to $11.00 per sharethe Closing Date, all (but not less than all) the Securitiesprincipal amount of Notes set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 42.60875 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal of 97.00% of the principal amount thereof, plus accrued interest, if any, from January 17, 2012 to $11.00 per sharethe Closing Date, all (but not less than all) the Securitiesprincipal amount of Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 6.58 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a price equal to per Security of $11.00 per share990.00 (the “Purchase Price”), all (but not less than all) the Securitiesrespective number of Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 49.82 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees to purchase purchase, severally and not jointly, from the Company, at a purchase price equal to of $11.00 52.299 per shareCommon Share, all (but not less than all) the Securitiesaggregate number of Common Shares set forth opposite such Underwriter's name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 9.735 per shareUnit, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 25.30 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule I hereto.

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 the Underwriters, severally and not jointly, and each Underwriter, severally and the Underwriter not jointly, agrees to purchase from the Company, at a purchase price equal to $11.00 per shareof 99.75000% of the principal amount thereof, all (but not less than all) the Securitiesprincipal amount of the Class A Notes, set forth opposite such Underwriter's name in the respective amounts shown on Schedule A hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 22.06 per share, the amount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule II hereto. The Company's obligation to deliver any of the Underwritten Securities is conditioned upon payment for all (but not less than all) of the SecuritiesUnderwritten Securities to be purchased as provided herein.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 12.22 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 12.415 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 31.92 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule II hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 52.11 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule II hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a the purchase price equal to of $11.00 4.3452 per share, all (but not less than all) the Securitiesnumber of Underwritten Securities set forth opposite such Underwriter’s name on Schedule I hereto.

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 the UnderwriterUnderwriters an aggregate of 1,000,000 shares of Common Stock. Each of the Underwriters agrees, severally and the Underwriter agrees not jointly, to purchase from the Company, at a Company the number of Underwritten Securities set forth opposite its name in Schedule I hereto. The purchase price equal per Underwritten Security to be paid by the several Underwriters to the Company shall be $11.00 -.-- per share, all (but not less than all) the Securities.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 17.4825 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule II hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 2.8425 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, Company at a purchase price equal to of $11.00 6.685 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 7.25 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 51.36 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite the name of such Underwriter in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 3.3163 per share, all (but not less than all) the Securitiesamount of the Firm Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 24.25 per shareEquity Unit, all (but not less than all) the Securities.the

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 24.70 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I to this Agreement.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, in each case at a purchase price equal to of $11.00 25.85 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 14.79 per share, all (but not less than all) the Securitiesamount of Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a net purchase price equal to of $11.00 48.625 per shareUnit, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 32.9475 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter's name in Schedule II hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 23.275 per share, all (but not less than all) the Securitiesnumber of Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal of $9.70 per Unit (subject to $11.00 per shareadjustment pursuant to Section 2(c)), all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the CompanySelling Stockholder, at a purchase price equal to of $ $11.00 17.173125 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.

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 the each Underwriter, and the each Underwriter agrees to purchase from the Company, at a purchase price equal to of $11.00 25.75 per share, all (but not less than all) the Underwritten Securities.

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 the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company, at a purchase price equal to of $11.00 20.68 per share, all (but not less than all) the Securitiesamount of the Underwritten Securities set forth opposite such Underwriter’s name in Schedule I hereto.