Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their respective names on Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Komag Inc /De/), Underwriting Agreement (Komag Inc /De/)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, agreements and covenants herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each the Selling StockholderShareholders agree, severally and not jointlyas provided in the introductory paragraph, agree to sell to each Underwriter of the Underwriters, and each Underwriterof the Underwriters, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders, at a purchase price per share of $___________ per share, the number of Firm Shares set forth opposite their respective names on such Underwriter's name in Schedule I hereto together with any II hereto, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof. Each of the Underwriters agrees that the "Price to Public" set forth on the cover page of the Final Prospectus will be $___________ per share.
Appears in 2 contracts
Samples: Selling Shareholders (Central Parking Corp), Central Parking Corp
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling StockholderShareholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling StockholdersShareholders, at a purchase price per share of $_______$ , the number of Firm Shares set forth opposite their respective names on Schedule I hereto together with any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their respective names on Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Metropcs Communications Inc)
Purchase, Sale and Delivery of the Shares. (a) On The Company agrees to sell to the respective Underwriters and, on the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, each of the Company and each Selling StockholderUnderwriters agrees, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their respective names on its name in Schedule I hereto together at a price per share of [________] with respect to an aggregate of 4,500,000 shares, plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereofhereof at a price per share of [_________].
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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each the Selling StockholderShareholders severally and not jointly agree to sell to the Underwriters and the Underwriters, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling StockholdersShareholders, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their the respective names on of the Underwriters in Schedule I hereto together with plus any additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.
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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling StockholderShareholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling StockholdersShareholders, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their respective names on Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.
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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each the Selling StockholderStockholders agree to sell to the Underwriters and the Underwriters, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders, at a purchase price per share of $[_______], the number of Firm Shares set forth opposite their the respective names on of the Underwriters in Schedule I hereto together with plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof. You represent and warrant that you have been authorized by each of the other Underwriters to enter into this Agreement on its behalf and to act for it in the manner herein provided.
Appears in 1 contract
Samples: Boron Lepore & Associates Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each the Selling StockholderStockholders, severally and not jointly, agree to sell to each Underwriter the Underwriters and each Underwriterthe Underwriters, severally and not jointly, agrees agree to purchase from the Company and the Selling Stockholders, at a purchase price per share of $________, the number of Firm Shares set forth opposite their the respective names on of the Underwriters in Schedule I hereto together with plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.
Appears in 1 contract
Samples: Suiza Foods Corp
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each the Selling StockholderStockholders agree to sell to the Underwriters and the Underwriters, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their the respective names of the Underwriters on Schedule SCHEDULE I hereto together with plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.
Appears in 1 contract
Samples: Trizetto Group Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each the Selling Stockholder, severally and not jointly, agree to sell to each Underwriter the Underwriters and each Underwriterthe Underwriters, severally and not jointly, agrees agree to purchase from the Company and the Selling StockholdersStockholder, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their the respective names on Schedule of the Underwriters in SCHEDULE I hereto together with plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.
Appears in 1 contract
Samples: Lone Star Technologies Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and each Selling Stockholdersell [ ] of the Firm Shares to the Underwriters and the Underwriters, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling StockholdersCompany, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their the respective names on of the Underwriters in Schedule I hereto together with plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.
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Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, agreements and covenants herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each the Selling StockholderStockholders agree, severally and not jointlyas provided in the introductory paragraph, agree to sell to each Underwriter of the Underwriters, and each Underwriterof the Underwriters, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders, at a purchase price per share of $__.______ per share, the number of Firm Shares set forth opposite their respective names on such Underwriter's name in Schedule I hereto together with any II hereto, plus such additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.
Appears in 1 contract
Samples: Ultrak Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders, at a purchase price per share of $_______$ 21.919, the number of Firm Shares set forth opposite their respective names on Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Metropcs Communications Inc)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees, and each Selling Stockholder, Stockholder (severally and not jointly) agrees, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling StockholdersCompany, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their respective names on Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.
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Purchase, Sale and Delivery of the Shares. (a) The Company agrees to issue and sell to the several Underwriters the Firm Shares upon the terms herein set forth. On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling StockholderUnderwriters, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling StockholdersCompany, at a purchase price per share of $_______$ , the number of Firm Shares set forth opposite their the respective names on of the Underwriters in Schedule I hereto together with any plus an additional number of Firm Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.
Appears in 1 contract
Samples: Gene Logic Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and each Selling Stockholdersell [7,000,000] of the Firm Shares to the Underwriters and the Underwriters, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling StockholdersCompany, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their the respective names on of the Underwriters in Schedule I hereto together with plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and each Selling Stockholdersell 6,500,000 of the Firm Shares to the Underwriters and the Underwriters, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling StockholdersCompany, at a purchase price per share of $___$ ____, the number of Firm Shares set forth opposite their the respective names on of the Underwriters in Schedule I hereto together with plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company and each Selling Stockholder, severally and not jointly, agree to sell to each Underwriter the Underwriters and each Underwriterthe Underwriters, severally and not jointly, agrees agree to purchase from the Company and the Selling Stockholders, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their the respective names on of the Underwriters in Schedule I hereto together with plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 10 hereof.
Appears in 1 contract
Samples: Zygo Corp
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and each Selling Stockholdersell, as applicable, to the Underwriters 3,000,000 Firm Shares and the Underwriters, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling StockholdersCompany, at a purchase price per share of $_______, the number of Firm Shares set forth opposite their the respective names on of the Underwriters in Schedule I hereto together with hereto, plus any additional number of Shares which such Underwriter that they may individually become obligated to purchase pursuant to the provisions of Section 9 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Netbank Inc)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, (i) the Company agrees to issue and each Selling Stockholdersell 3,700,000 of the Primary Shares to the Underwriters and the Underwriters, severally and not jointly, agree to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company and the Selling StockholdersCompany, at a purchase price per share of $___$ ____, the number of Firm Primary Shares set forth opposite their the respective names on of the Underwriters in Schedule I hereto together with plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.
Appears in 1 contract
Samples: Millennium Cell Inc