Common use of Purchase of the Stock by the Underwriter Clause in Contracts

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder agrees to sell to the Underwriter 2,000,000 shares of the Stock, and the Underwriter agrees to purchase 2,000,000 shares of the Stock. The price of the Stock purchased by the Underwriter shall be $19.75 per share. The Selling Stockholder shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, except upon payment for all such Stock to be purchased on the Delivery Date as provided herein.

Appears in 2 contracts

Samples: Underwriting Agreement (Ares Corporate Opportunities Fund Lp), Underwriting Agreement (Hanger Orthopedic Group Inc)

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Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder agrees to sell to the Underwriter 2,000,000 2,500,000 shares of the StockStock to the Underwriter, and the Underwriter agrees to purchase 2,000,000 2,500,000 shares of the Stock. The price of the Stock purchased by the Underwriter shall be $19.75 17.60 per share. The Selling Stockholder shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, except upon payment for all such Stock to be purchased on the Delivery Date as provided herein.

Appears in 2 contracts

Samples: Underwriting Agreement (Hanger Orthopedic Group Inc), Underwriting Agreement (Ares Corporate Opportunities Fund Lp)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder hereby agrees to sell 3,200,000 shares of Stock to the Underwriter 2,000,000 shares of the Stock, and the Underwriter agrees to purchase 2,000,000 3,200,000 shares of Stock at the Stockprice set forth in the following paragraph. The price of the Stock purchased by the Underwriter shall be $19.75 31.35 per share. The Selling Stockholder shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, except upon payment for all such the Stock to be purchased on the Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Tuesday Morning Corp/De)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder Company agrees to sell the Stock to the Underwriter 2,000,000 shares of the Stock, and the Underwriter agrees to purchase 2,000,000 shares of the Stock. The price of the Stock purchased by the Underwriter shall be $19.75 15.16 per share. The Selling Stockholder Company shall not be obligated to deliver any of the Stock to be delivered on the Delivery DateDate (as hereinafter defined), except upon payment for all such the Stock to be purchased on the Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Sba Communications Corp)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder Company agrees to issue and sell to the Underwriter 2,000,000 and the Underwriter, agrees to purchase from the Company 13,000,000 shares of Stock, at a purchase price of $4.00 per share of the Stock, and the Underwriter agrees to purchase 2,000,000 shares of the Stock. The price of the Stock purchased by the Underwriter shall be $19.75 per share. The Selling Stockholder shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, except upon payment for all such Stock to be purchased on the Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Grey Wolf Inc)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder Company agrees to sell to the Underwriter 2,000,000 6,630,000 shares of the StockFirm Stock to the Underwriter, and the Underwriter agrees to purchase 2,000,000 the number of shares of the StockFirm Stock set forth opposite the Underwriter’s name in Schedule 1 hereto. The price of both the Firm Stock purchased by the Underwriter shall be $19.75 17.605 per share. The Selling Stockholder Company shall not be obligated to deliver any of the Firm Stock to be delivered on the applicable Delivery Date, except upon payment for all such Stock to be purchased on the such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Webster Financial Corp)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder Company agrees to sell to the Underwriter 2,000,000 881,950 shares of the StockStock to the Underwriter, and the Underwriter agrees to purchase 2,000,000 that number of shares of the Stock. The price of for the Stock purchased by the Underwriter shall be $19.75 26.896875 per share. The Selling Stockholder Company shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, Date (as hereinafter defined) except upon payment for all such the Stock to be purchased on the Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Arden Realty Inc)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder agrees to sell the Stock to the Underwriter 2,000,000 shares of the Stock, and the Underwriter agrees to purchase 2,000,000 shares of the Stock. The price of the Stock purchased by the Underwriter shall be $19.75 56.10 per share. The Selling Stockholder shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, as the case may be, except upon payment for all such the Stock to be purchased on the Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Houston Exploration Co)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder Company agrees to sell the Stock to the Underwriter 2,000,000 shares of the Stock, and the Underwriter agrees to purchase 2,000,000 shares of the Stock. The price of the Stock purchased by the Underwriter shall be $19.75 9.45 per share. The Selling Stockholder Company shall not be obligated to deliver any of the Stock to be delivered on the Delivery DateDate (as hereinafter defined), except upon payment for all such the Stock to be purchased on the Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Sba Communications Corp)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder hereby agrees to sell 2,248,624 shares of the Stock to the Underwriter 2,000,000 shares of the Stock, and the Underwriter agrees to purchase 2,000,000 shares of the such Stock. The price of the Stock purchased by the Underwriter shall be $19.75 per share. The Selling Stockholder shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, except upon payment for all such the Stock to be purchased on the Delivery Date as provided herein. The price of the Stock shall be $59.63 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Unionbancal Corp)

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Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder agrees Stockholders agree to sell to the Underwriter 2,000,000 an aggregate of 7,218,571 shares of the StockStock to the Underwriter, and the Underwriter agrees to purchase 2,000,000 an aggregate of 7,218,571 shares of the StockStock from the Selling Stockholders. The price of the Stock purchased by the Underwriter shall be $19.75 23.03 per share. The Selling Stockholder Stockholders shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, except upon payment for all such Stock to be purchased on the Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Rent a Center Inc De)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder Company agrees to sell to the Underwriter 2,000,000 1,110,132 shares of the StockStock to the Underwriter, and the Underwriter agrees to purchase 2,000,000 that number of shares of the Stock. The price of for the Stock purchased by the Underwriter shall be $19.75 26.8853 per share. The Selling Stockholder Company shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, Date (as hereinafter defined) except upon payment for all such the Stock to be purchased on the Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Arden Realty Inc)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder Company agrees to sell to the Underwriter 2,000,000 3,500,000 shares of the StockStock to the Underwriter, and the Underwriter Underwriter, agrees to purchase 2,000,000 3,500,000 shares of Stock from the StockCompany. The price of the Stock purchased by the Underwriter shall be $19.75 28.875 per share. The Selling Stockholder Company shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, except upon payment for all such Stock to be purchased on the such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Netflix Inc)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder Company agrees to sell to the Underwriter 2,000,000 1,303,965 shares of the StockStock to the Underwriter, and the Underwriter agrees to purchase 2,000,000 that number of shares of the Stock. The price of for the Stock purchased by the Underwriter shall be $19.75 26.96 per share. The Selling Stockholder Company shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, Date (as hereinafter defined) except upon payment for all such the Stock to be purchased on the Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Arden Realty Inc)

Purchase of the Stock by the Underwriter. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Selling Stockholder agrees to sell the Stock to the Underwriter 2,000,000 shares of the StockUnderwriter, and the Underwriter agrees to purchase 2,000,000 shares of the StockStock from the Stockholder. The price of the Stock purchased by the Underwriter shall be $19.75 20.30 per share. The Selling Stockholder shall not be obligated to deliver any of the Stock to be delivered on the Delivery Date, except upon payment for all such Stock to be purchased on the Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Maidenform Brands, Inc.)

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