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 3,800,000 Firm Common Shares and (ii) the Selling Stockholder agrees to sell to the several Underwriters an aggregate of 1,900,000 Firm 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 and the Selling Stockholder 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 Stockholder shall be $[___]per share.

Appears in 1 contract

Samples: Underwriting Agreement (Regeneration Technologies Inc)

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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 forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,800,000 1,064,809 Firm Common Shares and (ii) the Selling Stockholder agrees to sell to the several Underwriters an aggregate of 1,900,000 463,741 Firm 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 and the Selling 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 Selling Stockholder shall be $[___]] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Axsys Technologies Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) THE FIRM COMMON SHARES. Upon the terms herein set forth forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,800,000 [___] Firm Common Shares and (ii) the Primary Selling Stockholder agrees to sell to the several Underwriters an aggregate of 1,900,000 [___] Firm 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 and the Primary Selling 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 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 SHARESThe Firm Common Shares. Upon the terms herein set forth forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,800,000 [___] Firm Common Shares and (ii) the Selling Stockholder Shareholder agrees to sell to the several Underwriters an aggregate of 1,900,000 [___] Firm 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 and the Selling Stockholder Shareholder 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 Stockholder Shareholder shall be $[___]] per share.

Appears in 1 contract

Samples: American Finance Group Inc /De/

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PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) THE FIRM COMMON SHARES. Upon the terms herein set forth forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,800,000 1,320,687 Firm Common Shares and (ii) the Selling Stockholder Shareholder agrees to sell to the several Underwriters an aggregate of 1,900,000 679,313 Firm 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 and the Selling Stockholder Shareholder 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 Stockholder Shareholder shall be $[___]__ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Photon Dynamics Inc)

PURCHASE, SALE AND DELIVERY OF THE COMMON SHARES. (a) THE FIRM COMMON SHARESThe Firm Common Shares. Upon the terms herein set forth forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,800,000 [2,400,000] Firm Common Shares and (ii) the Selling Stockholder Shareholder agrees to sell to the several Underwriters an aggregate of 1,900,000 [600,000] Firm 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 and the Selling Stockholder Shareholder 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 Stockholder Shareholder shall be $[___][ ] per share.

Appears in 1 contract

Samples: Creditrust Corp

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