Common use of Purchase, Delivery and Sale of the Shares Clause in Contracts

Purchase, Delivery and Sale of the Shares. (a) The Company agrees to issue and sell to the several Underwriters the respective number of Firm Shares set forth opposite the name of such Underwriter in Schedule A hereto. On the basis of the representations, warranties and agreements of the Company herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A, subject to adjustment in accordance with Section 10 hereof. The purchase price per Share to be paid by the several Underwriters to the Company shall be U.S.$[ ] per share. Payment for the Firm Shares to be sold by the Company shall be made at the First Closing Date (and, in the case of the Option Shares, if applicable, at the Option Closing Date) by wire transfer of immediately available funds to the order of the Company.

Appears in 3 contracts

Samples: Underwriting Agreement (Film Department Holdings, Inc.), Underwriting Agreement (Film Department Holdings, Inc.), Underwriting Agreement (Film Department Holdings, Inc.)

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Purchase, Delivery and Sale of the Shares. (a) The Upon the basis of the representations and warranties of Xxxxxxxx Curhan Ford & Co. herein contained, and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters the respective number of Firm Shares set forth opposite the name of such Underwriter in Schedule A hereto. On the basis of the representations, warranties and agreements of the Company herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A, subject to adjustment in accordance with Section 10 8 hereof. The purchase price per Share to be paid by the several Underwriters to the Company shall be U.S.$[ ] per share. Payment for the Firm Shares to be sold by the Company shall be made at the First Closing Date (and, in the case of the Option Shares, if applicable, at the Option Closing Date) by wire transfer of immediately available funds to the order of the Company.

Appears in 2 contracts

Samples: Underwriting Agreement (Ap Pharma Inc /De/), Underwriting Agreement (Neurobiological Technologies Inc /Ca/)

Purchase, Delivery and Sale of the Shares. (a) The Upon the basis of the representations, warranties and agreements of SMH Capital herein contained, and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters the respective number of Firm Shares set forth opposite the name of such Underwriter in Schedule A hereto. On the basis of the representations, warranties and agreements of the Company herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A, subject to adjustment in accordance with Section 10 8 hereof. The purchase price per Share to be paid by the several Underwriters to the Company shall be U.S.$[ [___] per share. Payment for the Firm Shares to be sold by the Company shall be made at the First Closing Date (and, in the case of the Option Shares, if applicable, at the Option Closing Date) by wire transfer of immediately available funds to the order of the Company.

Appears in 1 contract

Samples: Firepond, Inc.

Purchase, Delivery and Sale of the Shares. (a) The Upon the basis of the representations, warranties and agreements of the Underwriters herein contained, and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters the respective number of Firm Shares set forth opposite the name of such Underwriter in Schedule A hereto. On Upon the basis of the representations, warranties and agreements of the Company herein contained, and upon the terms but subject to the terms and conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A, subject to adjustment in accordance with Section 10 9 hereof. The purchase price per Share to be paid by the several Underwriters to the Company shall be U.S.$[ ] ___ per share. Payment for the Firm Shares to be sold by the Company shall be made at the First Closing Date (and, in the case of the Option Shares, if applicable, at the Option Closing Date) by wire transfer of immediately available funds to the order of the Company.

Appears in 1 contract

Samples: Underwriting Agreement (MMC Energy, Inc.)

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Purchase, Delivery and Sale of the Shares. (a) The Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters the respective number of Firm Shares set forth opposite the name of such Underwriter in Schedule A hereto. On the basis of the representations, warranties and agreements of the Company herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A, subject to adjustment in accordance with Section 10 hereof. A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be U.S.$$[ ] per share. Payment for the Firm Shares to be sold by the Company shall be made at the First Closing Date (and, in the case of the Option Shares, if applicable, at the Option Closing Date) by wire transfer of immediately available funds to the order of the Company.

Appears in 1 contract

Samples: Underwriting Agreement (VeriChip CORP)

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