Common use of Purchase of the Units by the Underwriters Clause in Contracts

Purchase of the Units by the Underwriters. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional units, as the Representative may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 1,875,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Units as the Representative may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The price of 12,000,000 of the Firm Units and any Option Units purchased by the Underwriters shall be $23.50 per unit. The price of the 500,000 Firm Units sold to Craft shall be $25.00 per unit. The Partnership shall not be obligated to deliver any of the Firm Units or Option Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Alliance Holdings GP, L.P.)

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Purchase of the Units by the Underwriters. On the basis of the representations representations, warranties and warranties covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell the 12,500,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional unitsCommon Units, as the Representative Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 1,875,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representative Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such the applicable Option Units Delivery Date (as defined in Section 4) as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price of 12,000,000 of payable by the Underwriters for the Firm Units and any Option Units purchased by the Underwriters shall be $23.50 18.79 per unit. The price of the 500,000 Firm Units sold to Craft shall be $25.00 per unitUnit. The Partnership shall is not be obligated to deliver any of the Firm Units or Option Units Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Summit Midstream Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations representations, warranties and warranties covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell the [ ] Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional unitsCommon Units, as the Representative Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 1,875,000 [ ] additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representative Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such the applicable Option Units Delivery Date (as defined in Section 4) as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price of 12,000,000 of payable by the Underwriters for the Firm Units and any Option Units purchased by the Underwriters shall be $23.50 [ ] per unit. The price of the 500,000 Firm Units sold to Craft shall be $25.00 per unitUnit. The Partnership shall is not be obligated to deliver any of the Firm Units or Option Units Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Summit Midstream Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations representations, warranties and warranties covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell the 3,200,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional units, as the Representative Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 1,875,000 480,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Units units as the Representative Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price of 12,000,000 of payable by the Underwriters for both the Firm Units and any Option Units purchased by the Underwriters shall be is $23.50 47.50 per unit. The price of the 500,000 Firm Units sold to Craft shall be $25.00 per unitUnit. The Partnership shall is not be obligated to deliver any of the Firm Units or Option Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Noble Midstream Partners LP)

Purchase of the Units by the Underwriters. On the basis of the representations representations, warranties and warranties covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell the 4,250,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees agree to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional unitsCommon Units, as the Representative Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 1,875,000 637,500 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representative Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such the applicable Option Units Delivery Date (as defined in Section 4) as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price of 12,000,000 of payable by the Underwriters for the Firm Units and the Option Units shall be $39.6384 per unit; provided, however, that the purchase price payable by the Underwriters for any Option Units purchased shall be less an amount equal to any distributions declared by the Underwriters shall be $23.50 per unit. The price of the 500,000 Partnership and payable on each Firm Unit but not on such Option Units sold to Craft shall be $25.00 per unitbeing purchased. The Partnership shall is not be obligated to deliver any of the Firm Units or the Option Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Hi-Crush Partners LP)

Purchase of the Units by the Underwriters. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional unitsUnits, as the Representative Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 1,875,000 1,350,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and is exercisable as set forth provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Units units as the Representative Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The price of 12,000,000 of both the Firm Units and any Option Units purchased by the Underwriters shall be $23.50 20.13 per unit. The price of the 500,000 Firm Units sold to Craft shall be $25.00 per unitCommon Unit. The Partnership shall not be obligated to deliver any of the Firm Units or Option Units to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (DCP Midstream Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell the 3,400,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional unitsUnits, as the Representative Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 1,875,000 510,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Units as the Representative Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The price of 12,000,000 of both the Firm Units and any Option Units purchased by the Underwriters shall be $23.50 21.75 per unit. The price of the 500,000 Firm Units sold to Craft shall be $25.00 per unitUnit. The Partnership shall not be obligated to deliver any of the Firm Units or Option Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Global Partners Lp)

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Purchase of the Units by the Underwriters. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional units, Common Units as the Representative Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 1,875,000 Option 2,437,500 Common Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representative Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The price of 12,000,000 of both the Firm Units and any Option Units purchased by the Underwriters shall be $23.50 [ ] per unit. The price of the 500,000 Firm Units sold to Craft shall be $25.00 per unitCommon Unit. The Partnership shall not be obligated to deliver any of the Firm Units or Option Units to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Letter Agreement (Williams Pipeline Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell the 10,000,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 attached hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional unitsUnits, as the Representative Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 1,875,000 1,500,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Units as the Representative Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 attached hereto opposite the name of such Underwriter bears to the total number of Firm Units. The price of 12,000,000 of both the Firm Units and any Option Units purchased by the Underwriters shall be $23.50 24.352 per unit. The price of the 500,000 Firm Units sold to Craft shall be $25.00 per unitUnit. The Partnership shall not be obligated to deliver any of the Firm Units or Option Units to be delivered on the applicable any Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Boardwalk Pipeline Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase purchase, the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional units, as the Representative may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 1,875,000 435,000 Option Units. Such option is exercisable granted for the purpose of covering over-allotments in the event that the Underwriters sell more Common Units than the number sale of Firm Units in the offering and is exercisable as set forth provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Units as shall be purchased severally for the Representative may determine) that bears account of the same Underwriters in proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth opposite the names of such Underwriters in Schedule I hereto opposite (subject, in each case, to such adjustment as the name of such Underwriter bears Representatives may determine to the total number of Firm Unitseliminate fractional units). The price of 12,000,000 of both the Firm Units and any Option Units purchased by the Underwriters shall be $23.50 18.31 per unit. The price of the 500,000 Firm Units sold to Craft shall be $25.00 per unitCommon Unit. The Partnership shall not be obligated to deliver any of the Firm Units or Option Units to be delivered on the applicable any Delivery DateDate (as hereinafter defined), except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (K-Sea Transportation Partners Lp)

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