Purchase of the Underwritten Securities by the Underwriters. (a) 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 the Initial Securities to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of the Initial Securities set forth opposite that Underwriter’s name in Schedule 1 hereto. The respective purchase obligations of the Underwriters with respect to the Initial Securities shall be rounded among the Underwriters to avoid fractional securities, as the Representatives may determine. (b) In addition, the Company grants to the Underwriters an option to purchase up to [ ] additional shares of Option Securities. Such option is exercisable in the event that the Underwriters sell more securities than the number of Initial Securities in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Securities (subject to such adjustments to eliminate fractional shares as the Representatives may determine) that bears the same proportion to the total number of Option Securities to be sold on such Delivery Date as the number of Initial Securities set forth in Schedule 1 hereto opposite the name of such Underwriter bears to the total number of Initial Securities. (c) The price of both the Initial Securities and any Option Securities purchased by the Underwriters shall be $[ ] per [ ]. The Company shall not be obligated to deliver any of the Initial Securities or Option Securities to be delivered on the applicable Delivery Date, except upon payment for all such Underwritten Securities to be purchased on such Delivery Date as provided herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Kohlberg Capital CORP), Underwriting Agreement (Kohlberg Capital CORP)
Purchase of the Underwritten Securities by the Underwriters. (a) 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 the Initial Securities to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number aggregate principal amount of the Initial Securities set forth opposite that Underwriter’s name in Schedule 1 hereto. The respective purchase obligations of the Underwriters with respect to the Initial Securities shall be rounded among the Underwriters to avoid fractional securities, as the Representatives may determine.
(b) In addition, the Company grants to the Underwriters an option to purchase up to $[ ] additional shares aggregate principal amount of Option Securities. Such option is exercisable in the event that the Underwriters sell more securities than the number aggregate principal amount of Initial Securities in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number aggregate principal amount of Option Securities (subject to such adjustments to eliminate fractional shares as the Representatives may determine) that bears the same proportion to the total number aggregate principal amount of Option Securities to be sold on such Delivery Date as the number aggregate principal amount of Initial Securities set forth in Schedule 1 hereto opposite the name of such Underwriter bears to the total number aggregate principal amount of Initial Securities.
(c) The price of both the Initial Securities and any Option Securities purchased by the Underwriters shall be $[ ] per [ ]. The Company shall not be obligated to deliver any of the Initial Securities or Option Securities to be delivered on the applicable Delivery Date, except upon payment for all such Underwritten Securities to be purchased on such Delivery Date as provided herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Kohlberg Capital CORP), Underwriting Agreement (Kohlberg Capital CORP)
Purchase of the Underwritten Securities by the Underwriters. (a) 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 the Initial Securities to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number aggregate principal amount of the Initial Securities set forth opposite that Underwriter’s name in Schedule 1 A hereto. The respective purchase obligations of the Underwriters with respect to the Initial Securities shall be rounded among the Underwriters to avoid fractional securities, as the Representatives may determine.
(b) In addition, the Company grants to the Underwriters an option to purchase up to [ ] $7,500,000 additional shares aggregate principal amount of Option SecuritiesSecurities (without giving effect to any accrued interest from the Initial Delivery Date to the Option Securities Delivery Date, as defined below). Such option is exercisable in the event that the Underwriters sell more securities than the number of Initial The Option Securities in the offering and may be purchased as set forth provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number aggregate principal amount of Option Securities (subject to such adjustments to eliminate fractional shares as the Representatives may determine) that bears the same proportion to the total number aggregate principal amount of Option Securities to be sold on such Delivery Date as the number aggregate principal amount of Initial Securities set forth in Schedule 1 A hereto opposite the name of such Underwriter bears to the total number aggregate principal amount of Initial Securities.
(c) The price of both the Initial Securities and any Option Securities purchased by the Underwriters shall be $[ ] per [ ]97% of the aggregate principal amount. The Company shall not be obligated to deliver any of the Initial Securities or Option Securities to be delivered on the applicable Delivery Date, except upon payment for all such Underwritten Securities to be purchased on such Delivery Date as provided herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (KCAP Financial, Inc.)
Purchase of the Underwritten Securities by the Underwriters. (a) 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 the Initial Securities to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number aggregate principal amount of the Initial Securities set forth opposite that Underwriter’s name in Schedule 1 A hereto. The respective purchase obligations of the Underwriters with respect to the Initial Securities shall be rounded among the Underwriters to avoid fractional securities, as the Representatives may determine.
(b) In addition, the Company grants to the Underwriters an option to purchase up to $[ ] additional shares aggregate principal amount of Option SecuritiesSecurities (without giving effect to any accrued interest from the Initial Delivery Date to the Option Securities Delivery Date, as defined below). Such option is exercisable in the event that the Underwriters sell more securities than the number of Initial The Option Securities in the offering and may be purchased as set forth provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number aggregate principal amount of Option Securities (subject to such adjustments to eliminate fractional shares as the Representatives may determine) that bears the same proportion to the total number aggregate principal amount of Option Securities to be sold on such Delivery Date as the number aggregate principal amount of Initial Securities set forth in Schedule 1 A hereto opposite the name of such Underwriter bears to the total number aggregate principal amount of Initial Securities.
(c) The price of both the Initial Securities and any Option Securities purchased by the Underwriters shall be $[ ] per [ ]% of the aggregate principal amount. The Company shall not be obligated to deliver any of the Initial Securities or Option Securities to be delivered on the applicable Delivery Date, except upon payment for all such Underwritten Securities to be purchased on such Delivery Date as provided herein.
Appears in 1 contract
Purchase of the Underwritten Securities by the Underwriters. (a) 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 the Initial Securities to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of the Initial Securities set forth opposite that Underwriter’s name in Schedule 1 A hereto. The respective purchase obligations of the Underwriters with respect to the Initial Securities shall be rounded among the Underwriters to avoid fractional securities, as the Representatives may determine.
(b) In addition, the Company grants to the Underwriters an option to purchase up to [ ] additional shares of Option Securities. Such option is exercisable in the event that the Underwriters sell more securities than the number of Initial The Option Securities in the offering and may be purchased as set forth provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Securities (subject to such adjustments to eliminate fractional shares as the Representatives Representative may determine) that bears the same proportion to the total number of Option Securities to be sold on such Delivery Date as the number of Initial Securities set forth in Schedule 1 A hereto opposite the name of such Underwriter bears to the total number of Initial Securities.
(c) The price of both the Initial Securities and any Option Securities purchased by the Underwriters shall be $[ ] per [ ]share; provided that the price per share with respect to any Option Securities shall be less an amount per share equal to any dividends or distributions declared by the Company and payable on the Initial Securities but not payble on the Option Securities. The Company shall not be obligated to deliver any of the Initial Securities or Option Securities to be delivered on the applicable Delivery Date, except upon payment for all such Underwritten Securities to be purchased on such Delivery Date as provided herein.
Appears in 1 contract
Purchase of the Underwritten Securities by the Underwriters. (a) On Subject to the terms and conditions and upon the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreementherein set forth, the Company agrees to sell the Initial Securities to the several Underwriterseach Underwriter, and each of the Underwriters, severally and not jointly, agrees to purchase the number of the Initial Securities set forth opposite that Underwriter’s name in Schedule 1 hereto. The respective purchase obligations of the Underwriters with respect to the Initial Securities shall be rounded among the Underwriters to avoid fractional securities, as the Representatives may determine.
(b) In addition, the Company grants to the Underwriters an option to purchase up to [ ] additional shares of Option Securities. Such option is exercisable in the event that the Underwriters sell more securities than the number of Initial Securities in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase from the Company, at the purchase price set forth in Schedule I hereto, the number of Underwritten Securities set forth opposite such Underwriter’s name in Schedule II hereto.
(b) Subject to the terms and conditions and upon the basis of the representations and warranties herein set forth, the Company hereby grants an option to the several Underwriters to purchase, severally and not jointly, up to the number of Option Securities (subject to such adjustments to eliminate fractional shares set forth in Schedule I hereto at the same purchase price per share as the Underwriters shall pay for the Underwritten Securities, less an amount per share equal to any dividends or distributions declared by the Company and payable on the Underwritten Securities but not payable on the Option Securities. Said option may be exercised in whole or in part at any time on or before the 30th day after the date of the Final Prospectus upon written or telegraphic notice by the Representatives may determine) that bears to the Company setting forth the number of Option Securities as to which the several Underwriters are exercising the option and the settlement date. The number of Option Securities to be purchased by each Underwriter shall be the same proportion to percentage of the total number of Option Securities to be sold on such Delivery Date as the number of Initial Securities set forth in Schedule 1 hereto opposite the name of such Underwriter bears to the total number of Initial Securities.
(c) The price of both the Initial Securities and any Option Securities purchased by the several Underwriters shall be $[ ] per [ ]. The Company shall not be obligated to deliver any as such Underwriter is purchasing of the Initial Securities or Option Securities Underwritten Securities, subject to be delivered on the applicable Delivery Date, except upon payment for all such Underwritten Securities adjustments as you in your absolute discretion shall make to be purchased on such Delivery Date as provided hereineliminate any fractional shares.
Appears in 1 contract
Purchase of the Underwritten Securities by the Underwriters. (a) 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 the Initial Securities to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number aggregate principal amount of the Initial Securities set forth opposite that Underwriter’s name in Schedule 1 A hereto. The respective purchase obligations of the Underwriters with respect to the Initial Securities shall be rounded among the Underwriters to avoid fractional securities, as the Representatives may determine.
(b) In addition, the Company grants to the Underwriters an option to purchase up to [ ] $2,674,525 additional shares aggregate principal amount of Option SecuritiesSecurities (without giving effect to any accrued interest from the Initial Delivery Date to the Option Securities Delivery Date, as defined below). Such option is exercisable in the event that the Underwriters sell more securities than the number of Initial The Option Securities in the offering and may be purchased as set forth provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number aggregate principal amount of Option Securities (subject to such adjustments to eliminate fractional shares as the Representatives may determine) that bears the same proportion to the total number aggregate principal amount of Option Securities to be sold on such Delivery Date as the number aggregate principal amount of Initial Securities set forth in Schedule 1 A hereto opposite the name of such Underwriter bears to the total number aggregate principal amount of Initial Securities.
(c) The price of both the Initial Securities and any Option Securities purchased by the Underwriters shall be $[ ] per [ ]96.2924% of the aggregate principal amount. The Company shall not be obligated to deliver any of the Initial Securities or Option Securities to be delivered on the applicable Delivery Date, except upon payment for all such Underwritten Securities to be purchased on such Delivery Date as provided herein.
Appears in 1 contract