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

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. 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 1,573,378 Firm Common Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 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 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 (Dycom Industries Inc)

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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 1,573,378 1,750,000 Firm Common Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 1,126,622 500,000 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 (Analytical Surveys Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. THE FIRM 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 1,573,378 2,575,000 Firm Common Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,126,622 1,500,000 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's ’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 $[_____] 15.16 per share.

Appears in 1 contract

Samples: Underwriting Agreement (U S Restaurant Properties Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. 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 1,573,378 2,000,000 Firm Common Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 1,126,622 675,000 Firm Common Shares, each Selling Stockholder Shareholder selling the number of Firm Common Shares set forth opposite such Selling StockholderShareholder's name on SCHEDULE 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 (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 1,573,378 [___] Firm Common Shares and (ii) the Primary Selling Stockholders agree Stockholder agrees to sell to the several Underwriters an aggregate of 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 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 Primary Selling Stockholders Stockholder 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 Primary Selling Stockholders Stockholder shall be $[_____] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Texas Roadhouse, 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 1,573,378 2,000,000 Firm Common Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,126,622 730,000 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on SCHEDULE 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 (Supergen Inc)

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PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. THE FIRM 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 1,573,378 1,709,300 Firm Common Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,126,622 590,700 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on SCHEDULE B. Schedule 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 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 1,573,378 5,000,000 Firm Common Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 1,126,622 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 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 $[_____] 4.6813 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Universal American Financial Corp)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. THE FIRM 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 1,573,378 1,709,300 Firm Common Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 1,126,622 590,700 Firm Common Shares, each Selling Stockholder selling the number of Firm Common Shares set forth opposite such Selling Stockholder's name on SCHEDULE 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 (Onsale Inc)

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