Purchase, Sale and Delivery of Common Shares. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriters the number of the Firm Common Shares described below in Schedule A. The Underwriters agree, severally and not jointly, to purchase from the Company the number of Firm Common Shares described below. The purchase price per share to be paid by the several Underwriters to the Company shall be $_____ per share. The obligation of each Underwriter to the Company shall be to purchase from the Company that number of full shares that (as nearly as practicable, as determined by you) bears to _______________ the same proportion as the number of shares set forth opposite the name of such Underwriter in Schedule A hereto bears to the total number of Firm Common Shares. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Montxxxxxx Xxxurities, 600 Xxxxxxxxxx Xxxxxx, San Francisco, California (or such other place as may be agreed upon by the Company and the Representatives) at such time and date, not later than the third (or, if the Firm Common Shares are priced, as contemplated by Rule 15c6-1(c) under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), after 4:30 p.m. Washington D.C. time, the fourth) full business day following the first date that any of the Common Shares are released by you for sale to the public, as you shall designate by at least 48 hours prior notice to the Company (the "First Closing Date"); provided, however, that if the Prospectus is at any time prior to the First Closing Date recirculated 9 to the public, the First Closing Date shall occur upon the later of the third or fourth, as the case may be, full business day following the first date that any of the Common Shares are released by you for sale to the public or the date that is 48 hours after the date that the Prospectus has been so recirculated. Delivery of certificates for the Firm Common Shares shall be made by or on behalf of the Company to you, for the respective accounts of the Underwriters against payment by you, for the accounts of the several Underwriters, of the purchase price therefor by a wire transfer of federal funds to an account designated by the Company. The certificates for the Firm Common Shares shall be registered in such names and denominations as you shall have requested at...
Purchase, Sale and Delivery of Common Shares. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to each Underwriter the number of Firm Common Shares set forth herein or in Schedule A hereto, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Firm Common Shares set forth opposite their respective names in Schedule A hereto. The purchase price per share to be paid by the several Underwriters shall be $_____ per share.
(b) Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Sutro & Co. Incorporated, 11150 Xxxxx Xxxxxx Xxxxxxxxx, Suite 1500, Los Angeles, California (or such other place as may be agreed upon by the Company and the Representatives) at 7:00 a.m., local time, on ________, 1997 (or at such other time and date, not later than one week after such date, as may be agreed
Purchase, Sale and Delivery of Common Shares. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell to the Underwriters 1,700,000 of the Firm Common Shares, and (ii) the Selling Shareholders agree, severally and not jointly, to sell to the Underwriters in the respective amounts set forth in Schedule B hereto, an aggregate of 1,200,000 of the Firm Common Shares. The Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Shareholders, respectively, the number of Firm Common Shares described below. The purchase price per share to be paid by the several Underwriters to the Company and to the Selling Shareholders, respectively, shall be $_________ per share. The obligation of each Underwriter to the Company shall be to purchase from the Company that number of full shares which (as nearly as practicable, as determined by you) bears to 1,700,000 the same proportion as the number of shares set forth opposite the name of such Underwriter in Schedule A hereto bears to the total number of Firm Common Shares. The obligation of each Underwriter to the Selling Shareholders shall be to purchase from the Selling Shareholders that number of full shares which (as nearly as practicable, as determined by you) bears to 1,200,000 the same proportion as the number of shares set forth opposite the name of such Underwriter in Schedule A hereto bears to the total number of Firm Common Shares. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Montxxxxxx Xxxurities, 600 Xxxxxxxxxx Xxxxxx, San Francisco, California (or such other place as may
Purchase, Sale and Delivery of Common Shares. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell to the Underwriters 2,745,000 of the Firm Common Shares, and (ii) the Selling Stockholder agrees to sell to the Underwriters 130,000 of the Firm Common Shares. The Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholder, respectively, the number of Firm Common Shares described below. The purchase price per share to be paid by the several Underwriters to the Company and to the Selling Stockholder, shall be $___ per share.
Purchase, Sale and Delivery of Common Shares. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Selling Shareholders agree, severally and not jointly, to sell to the Underwriters in the respective amounts set forth in Schedule B hereto, an aggregate of 4,500,000 Firm Common Shares. The Underwriters agree, severally and not jointly, to purchase from the Selling Shareholders the number of Firm Common Shares described below. The purchase price per share to be paid by the several Underwriters to the Selling Shareholders shall be $_____ per share. The obligation of each Underwriter to the Selling Shareholders shall be to purchase from the Selling Shareholders that number of full shares set forth opposite the name of such Underwriter in Schedule A hereto. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of NationsBanc Xxxxxxxxxx Securities LLC, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California (or such other place as may be agreed upon by the Company and the Representatives) at such time and date, not later than the third (or, if the Firm Common Shares are priced, as contemplated by Rule 15c6-1(c) under the Exchange Act, after 4:30 p.m. Washington
Purchase, Sale and Delivery of Common Shares. On the basis of the -------------------------------------------- representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Underwriters 2,100,000 of the Firm Common Shares. The Underwriters agree, severally and not jointly, to purchase from the Company the number of Firm Common Shares described below. The purchase price per share to be paid by the several Underwriters to the Company shall be equal to the initial price to the public per share less an amount per share equal to the per share underwriting discount. The initial price to the public, which shall be a fixed price, and the underwriting discount will be determined by separate agreement between the Company and the Representatives in substantially the form set forth as Schedule D hereto (the "Price Determination Agreement"). The Price Determination Agreement may take the form of an exchange of any standard form of written telecommunication between the Company and the Representatives and shall specify such applicable information as indicated in Schedule D hereto. From and after the date of the execution and delivery of the Price Determination Agreement, this Agreement shall be deemed to incorporate the Price Determination Agreement. Except as provided in Section 11 hereof, the obligation of each Underwriter to the Company shall be to purchase from the Company at the price set forth in the Price Determination Agreement, the number of Firm Common Shares set forth opposite the name of such Underwriter in Schedule A hereto.
Purchase, Sale and Delivery of Common Shares. (a) The Common Shares; the Closing Date. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 24,330,900 Common Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Common Shares set forth opposite their names on Schedule A. The purchase price per Common Share to be paid by the several Underwriters to the Company shall be $12.33 per share. Delivery of certificates for the Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Citigroup Global Markets Inc., 1001 Page Mill Road, Building 4, Suite 100, Palo Alto, California 94304 (or sucx xxxxx xxxxx xx xxx xx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xxxxesentatives) at 6:00 a.m. San Francisco time, on July 28, 2004, or such other time and date not later than 10:30 a.m. San Francisco time, on July 28, 2004 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "Closing Date"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus.
Purchase, Sale and Delivery of Common Shares. On the -------------------------------------------- basis of the representations, warranties and conditions herein contained, but subject to the terms and conditions herein set forth, each of the Selling Stockholders agrees, severally and not jointly, to sell to the Underwriters the Firm Common Shares set forth opposite such Selling Stockholder's name in Schedule B hereto. The Underwriters agree, severally and not jointly, to purchase from the Selling Stockholders the number of Firm Common Shares described below. The purchase price per share to be paid by the several Underwriters to the Selling Stockholders shall be $____ per share. The obligation of each Underwriter to each Selling Stockholder shall be to purchase from such Selling Stockholder that number of full shares which (as nearly as practicable, as determined by you) bears to the total number of Firm Common Shares to be sold by such Selling Stockholder as set forth opposite such Selling Stockholder's name in Schedule
Purchase, Sale and Delivery of Common Shares. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell
Purchase, Sale and Delivery of Common Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, (i) the Company agrees to issue and sell to the Underwriter an aggregate of 8,600,000 Common Shares and (ii) the Underwriter agrees
