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

PURCHASE, SALE AND DELIVERY OF THE FIRM SHARES. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Sellers selling Firm Shares agree to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $_____________ per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof. The number of Firm Shares to be purchased by each Underwriter from each Seller selling Firm Shares shall be as nearly as practicable in the same proportion to the total number of Firm Shares being sold by each such Seller as the number of Firm Shares being purchased by each Underwriter bears to the total number of Firm Shares to be sold hereunder. The obligations of the Company and of each of the Selling Shareholders shall be several and not joint.

Appears in 1 contract

Samples: Underwriting Agreement (Universal Outdoor Holdings Inc)

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PURCHASE, SALE AND DELIVERY OF THE FIRM SHARES. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Sellers selling Firm Shares agree each Selling Stockholder, severally and not jointly, agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $_____________ 13.0985 per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 hereof. The number of Firm Shares to be purchased by each Underwriter from each Seller selling Firm Shares Selling Stockholder shall be as nearly as practicable in the same proportion to the total number of Firm Shares being sold by each such Seller Selling Stockholder as the number of Firm Shares being purchased by each Underwriter bears to the total number of Firm Shares to be sold hereunder. The obligations of the Company and of each of the Selling Shareholders Stockholders shall be several and not joint.

Appears in 1 contract

Samples: Underwriting Agreement (Global Eagle Entertainment Inc.)

PURCHASE, SALE AND DELIVERY OF THE FIRM SHARES. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Sellers selling Firm Shares agree each Seller, severally and not jointly, agrees to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $_____________ [NET PRICE] per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereofhereto, subject to adjustments in accordance with Section 9 hereof. The number of Firm Shares to be purchased by each Underwriter from each Seller selling Firm Shares shall be as nearly as practicable in the same proportion to the total number of Firm Shares being sold by each such Seller as the number of Firm Shares being purchased by each Underwriter bears to the total number of Firm Shares to be sold hereunder. The obligations of the Company and of each of the Selling Shareholders Stockholders shall be several and not joint.

Appears in 1 contract

Samples: Underwriting Agreement (Powerwave Technologies Inc)

PURCHASE, SALE AND DELIVERY OF THE FIRM SHARES. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Sellers selling Firm Shares Selling Shareholders agree to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $_____________ net price per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof. The number of Firm Shares to be purchased by each Underwriter from each Seller selling Firm Shares Selling Shareholders shall be as nearly as practicable in the same proportion to the total number of Firm Shares being sold by each such Seller Selling Shareholder as the number of Firm Shares being purchased by each Underwriter bears to the total number of Firm Shares to be sold hereunder. The obligations of the Company and of each of the Selling Shareholders shall be several and not joint.

Appears in 1 contract

Samples: Underwriting Agreement (Childrens Place Retail Stores Inc)

PURCHASE, SALE AND DELIVERY OF THE FIRM SHARES. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Sellers selling Firm Shares agree agree, severally and not jointly, to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $_____________ [●] [net price] per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof. The number of Firm Shares to be purchased by each Underwriter from each Seller selling Firm Shares shall be as nearly as practicable in the same proportion to the total number of Firm Shares being sold by each such Seller as the number of Firm Shares being purchased by each Underwriter bears to the total number of Firm Shares to be sold hereunder. The obligations of the Company and of each of the Selling Shareholders shall be several and not joint.

Appears in 1 contract

Samples: FCB Financial Holdings, Inc.

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PURCHASE, SALE AND DELIVERY OF THE FIRM SHARES. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Sellers selling Firm Shares Sellers, severally and not jointly, agree to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $_____________ $ per shareShare, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof. The number of Firm Shares to be purchased by each Underwriter from each Seller, and the number of shares each Seller selling Firm Shares shall be obligated to sell, shall be as nearly as practicable in the same proportion to the total number of Firm Shares being sold by each such Seller as the number of Firm Shares being purchased by each Underwriter bears to the total number of Firm Shares to be sold hereunder. The obligations of the Company and of each of the Selling Shareholders shall be several and not joint.

Appears in 1 contract

Samples: Equity Underwriting Agreement (McLeodUSA INC)

PURCHASE, SALE AND DELIVERY OF THE FIRM SHARES. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Sellers selling Firm Shares agree to sell to the Underwriters and each Underwriter agrees, severally and not jointly, to purchase, at a price of $_____________ $ per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 hereof. The number of Firm Shares to be purchased by each Underwriter from each Seller selling Firm Shares shall be as nearly as practicable in the same proportion to the total number of Firm Shares being sold by each such Seller as the number of Firm Shares being purchased by each Underwriter bears to the total number of Firm Shares to be sold hereunder. The obligations of the Company and of each of the Selling Shareholders shall be several and not joint, and each such Selling Shareholder shall only be obligated to sell the number of Firm Shares set forth opposite the name of such Selling Shareholder in Schedule II hereto.

Appears in 1 contract

Samples: Montage Technology Group LTD

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