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, each Selling Stockholder hereby agrees to sell the number of shares of the Firm Stock set opposite its name in Schedule 2 hereto, severally and not jointly, to the Underwriter and the Underwriter agrees to purchase the number of shares of the Firm Stock set opposite the Underwriter's name in Schedule 1 hereto. In addition, the Selling Stockholders specified in Schedule 2 hereto grant to the Underwriter options to purchase up to an aggregate of 375,000 shares of Option Stock. Such options are granted solely for the purpose of covering over-allotments in the sale of Firm Stock and are exercisable as provided in Section 5 hereof. Shares of Option Stock shall be purchased for the account of the Underwriter in proportion to the number of shares of Firm Stock set forth opposite the name of the Underwriter in Schedule 1 hereto. The price of both the Firm Stock and any Option Stock shall be $10.95 per share. The Selling Stockholders shall not be obligated to deliver any of the Stock to be delivered on the First Delivery Date or the Second Delivery Date, as the case may be, except upon payment for all the Stock to be purchased on such Delivery Date as provided herein.

Appears in 2 contracts

Samples: Underwriting Agreement (Denbury Resources Inc), Underwriting Agreement (TPG Partners Ii Lp)

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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, each Selling Stockholder hereby the Company agrees to sell the number of 5,000,000 shares of the Firm Stock set opposite its name in Schedule 2 hereto, severally and not jointly, to the Underwriter Underwriter, and the Underwriter agrees to purchase the number of shares of the Firm Stock set forth opposite the that Underwriter's ’s name in Schedule 1 hereto. In addition, the Selling Stockholders specified in Schedule 2 hereto grant Company grants to the Underwriter options an option to purchase up to an aggregate of 375,000 750,000 additional shares of Option Stock. Such options are granted solely for the purpose of covering over-allotments option is exercisable in the sale event that the Underwriter sell more shares of Common Stock than the number of shares of Firm Stock and are exercisable as provided set forth in Section 5 4 hereof. Shares The Underwriter agrees to purchase the number of shares of Option Stock shall be purchased for that bears the account of the Underwriter in same proportion to the total number of shares of Option Stock to be sold on such Delivery Date as the number of shares of Firm Stock set forth in Schedule 1 hereto opposite the name of such Underwriter bears to the Underwriter in Schedule 1 heretototal number of shares of Firm Stock. The price of both the Firm Stock and any Option Stock purchased by the Underwriters shall be $10.95 30.53 per share. The Selling Stockholders Company shall not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the First Delivery Date or the Second applicable Delivery Date, as the case may be, except upon payment for all the such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Acacia Research 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, each Selling Stockholder hereby the Company agrees to sell the number of shares of the Firm Stock set opposite its name in Schedule 2 hereto, severally and not jointly, to the Underwriter and the Underwriter agrees to purchase the number of shares of the Firm Stock set opposite the Underwriter's name in Schedule 1 hereto. In addition, the Selling Stockholders specified in Schedule 2 hereto grant to the Underwriter options to purchase up to an aggregate of 375,000 shares of Option Stock. Such options are granted solely for the purpose of covering over-allotments in the sale of Firm Stock and are exercisable as provided in Section 5 hereof. Shares of Option Stock shall be purchased for the account of the Underwriter in proportion to the number of shares of Firm Stock set forth opposite in Part A of Schedule 1 hereto to the name of Underwriter, and the Underwriter agrees to purchase such shares of Firm Stock. In addition, the Company grants to the Underwriter an option to purchase up to the number of additional shares of Common Stock set forth in Part A of Schedule 1 heretohereto 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 $10.95 the price per shareshare set forth in Part B of Schedule 1. The Selling Stockholders Company shall not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the First Delivery Date or the Second applicable Delivery Date, as the case may be, except upon payment for all the such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Fulton Financial 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, each Selling Stockholder hereby the Company agrees to sell the number of 5,000,000 shares of the Firm Stock set opposite its name in Schedule 2 hereto, severally and not jointly, to the Underwriter Underwriter, and the Underwriter agrees to purchase the number of shares of the Firm Stock set forth opposite the that Underwriter's ’s name in Schedule 1 hereto. In addition, the Selling Stockholders specified in Schedule 2 hereto grant Company grants to the Underwriter options an option to purchase up to an aggregate of 375,000 750,000 additional shares of Option Stock. Such options are granted solely for the purpose of covering over-allotments option is exercisable in the sale event that the Underwriter sell more shares of Common Stock than the number of shares of Firm Stock and are exercisable as provided set forth in Section 5 4 hereof. Shares The Underwriter agrees to purchase the number of shares of Option Stock shall be purchased for that bears the account of the Underwriter in same proportion to the total number of shares of Option Stock to be sold on such Delivery Date as the number of shares of Firm Stock set forth in Schedule 1 hereto opposite the name of such Underwriter bears to the Underwriter in Schedule 1 heretototal number of shares of Firm Stock. The price of both the Firm Stock and any Option Stock purchased by the Underwriters shall be $10.95 [•] per share. The Selling Stockholders Company shall not be obligated to deliver any of the Firm Stock or Option Stock to be delivered on the First Delivery Date or the Second applicable Delivery Date, as the case may be, except upon payment for all the such Stock to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Acacia Research Corp)

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