Common use of PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES Clause in Contracts

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 Firm Common Shares and (ii) each of the Selling Stockholders agrees to sell to the several Underwriters an aggregate of 350,000 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule B. ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[___] per share.

Appears in 2 contracts

Samples: Underwriting Agreement (Petroleum Development Corp), Underwriting Agreement (Petroleum Development Corp)

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PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common SharesTHE FIRM COMMON SHARES. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 5,000,000 Firm Common Shares and (ii) each of the Selling Stockholders agrees Shareholders agree to sell to the several Underwriters an aggregate of 350,000 2,200,000 Firm Common Shares, each Selling Stockholder Shareholder selling the number of Firm Common Shares set forth opposite such Selling StockholderShareholder's name on Schedule SCHEDULE B. ---------- 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 and the Selling Stockholders Shareholders the respective number of Firm Common Shares set forth opposite their names on Schedule SCHEDULE A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $[___] 4.6813 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Universal American Financial Corp)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (aA) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 1,000,000 Firm Common Shares and (ii) each of the Selling Stockholders Stockholder agrees to sell to the several Underwriters an aggregate of 350,000 Firm Common SharesUnderwriters, each Selling Stockholder selling the severally and not jointly, that number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule B. ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Il Fornaio America Corp)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 4,000,000 Firm Common Shares and (ii) each of the Selling Stockholders agrees agree to sell to the several Underwriters an aggregate of 350,000 1,038,000 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule B. ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Red Robin Gourmet Burgers Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 [___] Firm Common Shares and (ii) each of the Selling Stockholders agrees Shareholders agree to sell to the several Underwriters an aggregate of 350,000 [___] Firm Common Shares, each Selling Stockholder Shareholder selling the number of Firm Common Shares set forth opposite such Selling StockholderShareholder's name on Schedule B. ---------- 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 and the Selling Stockholders Shareholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (RAM Holdings Ltd.)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 [___] Firm Common Shares and (ii) each of the Selling Stockholders agrees agree to sell to the several Underwriters an aggregate of 350,000 [___] Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule B. ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Filetek Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 1,709,300 Firm Common Shares and (ii) each of the Selling Stockholders agrees agree to sell to the several Underwriters an aggregate of 350,000 590,700 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule B. On ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be [$[____] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Onsale Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common SharesTHE FIRM COMMON SHARES. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 1,573,378 Firm Common Shares and (ii) each of the Selling Stockholders agrees agree to sell to the several Underwriters an aggregate of 350,000 1,126,622 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule SCHEDULE B. ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule SCHEDULE A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[_____] per share.

Appears in 1 contract

Samples: Custody Agreement (Dycom Industries Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 1,500,000 Firm Common Shares and (ii) each of the Selling Stockholders agrees Shareholders agree to sell to the several Underwriters an aggregate of 350,000 500,000 Firm Common Shares, each Selling Stockholder Shareholder selling the number of Firm Common Shares set forth opposite such Selling StockholderShareholder's name on Schedule B. ---------- 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 and the Selling Stockholders Shareholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several ---------- Underwriters to the Company and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Orthovita Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common SharesTHE FIRM COMMON SHARES. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 2,000,000 Firm Common Shares and (ii) each of the Selling Stockholders agrees agree to sell to the several Underwriters an aggregate of 350,000 730,000 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule SCHEDULE B. ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule SCHEDULE A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Supergen Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 1,500,000 Firm Common Shares and (ii) each of the Selling Stockholders agrees agree to sell to the several Underwriters an aggregate of 350,000 1,500,063 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule B. ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[___] per share.by

Appears in 1 contract

Samples: Underwriting Agreement (Dycom Industries Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common SharesTHE FIRM COMMON SHARES. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 2,000,000 Firm Common Shares and (ii) each of the Selling Stockholders agrees Shareholders agree to sell to the several Underwriters an aggregate of 350,000 675,000 Firm Common Shares, each Selling Stockholder Shareholder selling the number of Firm Common Shares set forth opposite such Selling StockholderShareholder's name on Schedule SCHEDULE B. ---------- 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 and the Selling Stockholders Shareholders the respective number of Firm Common Shares set forth opposite their names on Schedule SCHEDULE A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Cheesecake Factory Incorporated)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 2,800,000 Firm Common Shares and (ii) each of the Selling Stockholders agrees agree to sell to the several Underwriters an aggregate of 350,000 500,000 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule B. ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Gasonics International Corp)

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PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 4,500,000 Firm Common Shares and (ii) each of the Selling Stockholders agrees Shareholders agree to sell to the several Underwriters an aggregate of 350,000 3,500,000 Firm Common Shares, each Selling Stockholder Shareholder selling the number of Firm Common Shares set forth opposite such Selling StockholderShareholder's name on Schedule B. ---------- 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 and the Selling Stockholders Shareholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid ---------- by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $[___] _ per share.

Appears in 1 contract

Samples: Voting Trust Agreement (Headlands Mortgage Co)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 1,500,000 Firm Common Shares and (ii) each of the Selling Stockholders agrees Stockholders, severally and not jointly, agree to sell to the several Underwriters an aggregate of 350,000 2,650,000 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule B. ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Caminus Corp

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 [ ] Firm Common Shares and (ii) each of the Selling Stockholders agrees Shareholders agree to sell to the several Underwriters an aggregate of 350,000 [ ] Firm Common Shares, each Selling Stockholder Shareholder selling the number of Firm Common Shares set forth opposite such Selling StockholderShareholder's name on Schedule SCHEDULE B. ---------- 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 and the Selling Stockholders Shareholders the respective number of Firm Common Shares set forth opposite their names on Schedule SCHEDULE A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $[___[ ] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Concord Communications Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 Firm Common Shares and (ii) each of the Selling Stockholders agrees Stockholders, severally and not jointly, agree to sell to the several Underwriters an aggregate of 350,000 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule B. ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[___] $ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Vnus Medical Technologies Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 [___] Firm Common Shares and (ii) each of the Selling Stockholders agrees agree severally, but not jointly, to sell to the several Underwriters an aggregate of 350,000 [___] Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule B. ---------- 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $[___] per share.of

Appears in 1 contract

Samples: Underwriting Agreement (JDS Uniphase Corp /Ca/)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 1,709,300 Firm Common Shares and (ii) each of the Selling Stockholders agrees agree to sell to the several Underwriters an aggregate of 350,000 590,700 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on Schedule B. ---------- B and Schedule C. 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 and the Selling Stockholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be [$[____] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Onsale Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) The Firm Common Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,500,000 88,263 Firm Common Shares and (ii) each of the Selling Stockholders agrees Shareholders agree to sell to the several Underwriters an aggregate of 350,000 1,561,737 Firm Common Shares, each Selling Stockholder Shareholder selling the number of Firm Common Shares set forth opposite such Selling StockholderShareholder's name on Schedule B. ---------- 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 and the Selling Stockholders Shareholders the respective number of Firm Common Shares set forth opposite their names on Schedule A. The purchase ---------- price per Firm Common Share to be ---------- paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (K&g Mens Center Inc)

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