Common use of Purchase Sale and Delivery of the Offered Shares Clause in Contracts

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 Firm 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 Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 per share.

Appears in 2 contracts

Samples: Underwriting Agreement (Green Plains Renewable Energy, Inc.), Underwriting Agreement (Green Plains Renewable Energy, Inc.)

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Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company Selling Shareholder agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 5,150,000 Firm 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 Selling Shareholder the respective number of Firm Shares set forth opposite their names its name on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company Selling Shareholder shall be $12.69 13.46625 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Caribou Coffee Company, Inc.)

Purchase Sale and Delivery of the Offered Shares. Exhibit 1.1 (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 4,215,000 Firm 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 Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 8.93 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Kindred Biosciences, Inc.)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 45,454,545 Firm 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 Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 1.0395 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Vantage Drilling CO)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters Underwriter an aggregate of 5,500,000 3,000,000 Firm 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, Underwriter agrees to purchase from the Company the respective such number of Firm Shares set forth opposite their names on Schedule A. Shares. The purchase price per Firm Share to be paid by the several Underwriters Underwriter to the Company shall be $12.69 7.04 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Sangamo Biosciences Inc)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters Underwriter an aggregate of 5,500,000 9,100,000 Firm 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, Underwriter agrees to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters Underwriter to the Company shall be $12.69 2.068 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Neurocrine Biosciences Inc)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company Selling Shareholder agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 5,000,000 Firm 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 Selling Shareholder the respective number of Firm Shares set forth opposite their names its name on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company Selling Shareholder shall be $12.69 9.21375 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Caribou Coffee Company, Inc.)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 6,880,000 Firm 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 Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 5.64 per share.

Appears in 1 contract

Samples: Underwriting Agreement (NPS Pharmaceuticals Inc)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 4,500,000 Firm 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 Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 13.16 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Xenon Pharmaceuticals Inc.)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 4,500,000 Firm SharesShares upon the terms herein set forth. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the several Underwriters agree, severally and not jointly, agree to purchase from the Company all of the respective number of Firm Shares set forth opposite their names on Schedule A. Shares. The purchase price per Firm Share to be paid by the several Underwriters to the Company for the Firm Shares shall be $12.69 16.80 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Gulfport Energy Corp)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters Underwriter an aggregate of 5,500,000 Firm 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, Underwriter agrees to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters Underwriter to the Company shall be $12.69 20.34 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Salix Pharmaceuticals LTD)

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Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters Underwriter an aggregate of 5,500,000 4,000,000 Firm 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, Underwriter agrees to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters Underwriter to the Company shall be $12.69 4.23 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Cytori Therapeutics, Inc.)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 10,000,000 Firm 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 Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 5.64 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Exact Sciences Corp)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 8,000,000 Firm 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 Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 16.685 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Neurocrine Biosciences Inc)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the The Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 the Firm SharesShares upon the terms herein set forth. 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 Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 11.75 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Spectranetics Corp)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 2,220,000 Firm 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 Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 22.09 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Hardinge Inc)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 the Firm 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 Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 37.86575 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Inverness Medical Innovations Inc)

Purchase Sale and Delivery of the Offered Shares. (a) The Firm Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 5,500,000 23,000,000 Firm 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 Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $12.69 1.598 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Dynavax Technologies Corp)

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