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 Company agrees to sell 8,300,000 shares of the Firm Stock to the Underwriter, and the Underwriter agrees to purchase the shares of the Firm Stock. In addition, the Company grants to the Underwriter an option to purchase up to 1,245,000 additional shares of Option Stock. Such option is exercisable in the event that the Underwriter sells more shares of Common Stock than the number of Firm Stock in the offering and as set forth in Section 4 hereof. The price of both the Firm Stock and any Option Stock purchased by the Underwriter shall be $7.25 per share. The Company shall not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the applicable Delivery Date, except upon payment for all such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Halozyme Therapeutics 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 Company agrees to sell 8,300,000 5,000,000 shares of the Firm Stock to the Underwriter, and the Underwriter agrees to purchase the that number of shares of the Firm Stock. In addition, the Company grants to the Underwriter an option to purchase up to 1,245,000 750,000 additional shares of Option Stock. Such option is exercisable in the event that the Underwriter sells more shares of Common Stock than the number of shares of Firm Stock in the offering and as set forth in Section 4 3 hereof. The price of both the Firm Stock and any Option Stock purchased by the Underwriter shall be $7.25 6.00 per share. The Company shall not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the applicable Delivery Date, except upon payment for all such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Tercica Inc)

Purchase of the Stock by the Underwriter. On the basis of the representations representations, warranties and warranties covenants contained in, and subject to the terms and conditions of, this Agreement, the Company agrees to sell 8,300,000 500,000 shares of the Firm Stock to the Underwriter, and the Underwriter agrees to purchase the 500,000 shares of the Firm Stock. In addition, the Company grants to the Underwriter an option to purchase up to 1,245,000 75,000 additional shares of Option Stock. Such option is exercisable in the event that the Underwriter sells more shares of Common Stock than the number of shares of Firm Stock in the offering and as set forth in Section 4 hereof. The purchase price of payable by the Underwriter for both the Firm Stock and any Option Stock purchased by the Underwriter shall be is $7.25 96.75 per share. The Company shall is not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the applicable Delivery Date, except upon payment for all such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Parker Drilling Co /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 Company agrees to sell 8,300,000 6,800,000 shares of the Firm Stock to the Underwriter, and the Underwriter agrees to purchase the shares of the Firm Stock. In addition, the Company grants to the Underwriter an option to purchase up to 1,245,000 1,020,000 additional shares of Option Stock. Such option is exercisable in the event that the Underwriter sells more shares of Common Stock than the number of Firm Stock in the offering and as set forth in Section 4 hereof. The price of both the Firm Stock and any Option Stock purchased by the Underwriter shall be $7.25 10.46 per share. The Company shall not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the applicable Delivery Date, except upon payment for all such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Halozyme Therapeutics Inc)

Purchase of the Stock by the Underwriter. On the basis of the representations representations, warranties and warranties covenants contained in, and subject to the terms and conditions of, this Agreement, the Company agrees to sell 8,300,000 12,000,000 shares of the Firm Stock to the Underwriter, and the Underwriter agrees to purchase the 12,000,000 shares of the Firm Stock. In addition, the Company grants to the Underwriter an option to purchase up to 1,245,000 1,800,000 additional shares of Option Stock. Such option is exercisable in the event that the Underwriter sells more shares of Common Stock than the number of shares of Firm Stock in the offering and as set forth in Section 4 hereof. The purchase price of payable by the Underwriter for both the Firm Stock and any Option Stock purchased by the Underwriter shall be is $7.25 2.013 per share. The Company shall is not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the applicable Delivery Date, except upon payment for all such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Parker Drilling Co /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 Company agrees to sell 8,300,000 7,000,000 shares of the Firm Stock to the Underwriter, and the Underwriter agrees to purchase the that number of shares of the Firm Stock. In addition, the Company grants to the Underwriter an option to purchase up to 1,245,000 additional 1,050,000 shares of Option Stock. Such option is exercisable Stock in the event that the Underwriter sells more shares of Common Stock than the number of shares of Firm Stock in the offering and is exercisable as set forth provided in Section 4 3 hereof. The price of both the Firm Stock and any Option Stock purchased by the Underwriter shall be $7.25 11.25 per share. The Company shall not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the applicable Delivery Date, except upon payment for all such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (NPS Pharmaceuticals 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 Company agrees to sell 8,300,000 2,250,000 shares of the Firm Stock to the Underwriter, and the Underwriter agrees to purchase the 2,250,000 shares of the Firm Stock. In addition, the Company grants to the Underwriter an option to purchase up to 1,245,000 337,500 additional shares of Option Stock. Such option is exercisable in the event that the Underwriter sells sell more shares of Common Stock than the number of shares of Firm Stock in the offering and as set forth in Section 4 hereof. The Underwriter agrees to purchase the total number of shares of Option Stock. The price of both the Firm Stock and any Option Stock purchased by the Underwriter shall be $7.25 18.00 per share. The Company shall not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the applicable Delivery Date, except upon payment for all such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Avatar Holdings 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 Company agrees to sell 8,300,000 156,250,000 shares of the Firm Stock to the Underwriter, and the Underwriter agrees to purchase the 156,250,000 shares of the Firm Stock. In addition, the Company grants to the Underwriter an option to purchase up to 1,245,000 23,437,500 additional shares of Option Stock. Such option is exercisable in to the event extent that the Underwriter sells more shares of Common Stock than the number of Firm Stock in the offering and as set forth in Section 4 hereof. The price of both the Firm Stock and any Option Stock purchased by the Underwriter shall be $7.25 7.76 per share. The Company shall not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the applicable Delivery Date, except upon payment for all such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Sovereign Bancorp 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 Company agrees to sell 8,300,000 3,000,000 shares of the Firm Stock to the Underwriter, Under- writer and the Underwriter agrees to purchase the 3,000,000 shares of the Firm Stock. In addition, the Company grants to the Underwriter an option to purchase up to 1,245,000 additional 300,000 shares of the Option Stock. Such option is exercisable granted solely for the purpose of covering over- allotments in the event that sale of the Underwriter sells more shares of Common Stock than the number of Firm Stock in the offering and is exercisable as set forth provided in Section 4 hereof. The price of both the Firm Stock and any Option Stock purchased by the Underwriter shall be $7.25 25.00 per share. The Company shall not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the applicable First Delivery DateDate or the Second Delivery Date (as hereinafter defined), as the case may be, except upon payment for all such the Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Purchase Agreement (Urban Shopping Centers Inc)

Purchase of the Stock by the Underwriter. On the basis of the representations representations, warranties and warranties agreements of the Underwriter contained in, and subject to the terms and conditions of, this Agreement, the Company agrees to sell 8,300,000 8,900,000 shares of the Firm Stock to the Underwriter, and the Underwriter agrees to purchase the that number of shares of the Firm Stock. In addition, the Company grants to the Underwriter an option to purchase up to 1,245,000 1,335,000 additional shares of Option Stock. Such option is exercisable in the event that the Underwriter sells more shares of Common Stock than the number of Firm Stock Shares in the offering and as set forth in Section 4 3 hereof. The price of both the Firm Stock and any Option Stock purchased by the Underwriter shall be $7.25 11.23 per share. The Company shall not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the applicable Delivery Date, except upon payment for all such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Parker Drilling Co /De/)

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