Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 hereof. (b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Invitation Homes Inc.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Company agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 12.4475 per share, the number of Shares set forth opposite the name of each Underwriter on in Schedule I heretohereof, subject to adjustments in accordance with Section 10 9 hereof.
(b) Payment for the Shares to be sold hereunder is to be made in federal Federal (same day) funds to an account designated by the Company against delivery of certificates therefor thereof to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, York at 10:00 a.m., New York City time, on June 26, 2019 the fourth Business Day after the date of this Agreement or at such other time and date not later than five business days Business Days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” (As used herein, “business dayBusiness Day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.)
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Issuer agrees to sell to each Underwriter the Underwriters and each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 per share, the Issuer that number of Shares set forth opposite the name of each such Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 hereofhereto at a price of $24.36 per share.
(b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds to an account designated by the Issuer for the Shares to be sold by it against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The the Depository Trust Company, New York, New York, NY (“DTC”) at 10:00 a.m., New York time, on June 26December 9, 2019 2016 or at such other time and date not later than five business days thereafter as you and the Company Issuer shall agree upon, upon (such time and date being herein referred to as the “Closing Date.” ”). As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Matador Resources Co)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally Trust agrees to issue and not jointly, to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 24.2125 per share, the number of Shares set forth opposite the name of each Underwriter on in Schedule I heretohereof, subject to adjustments in accordance with Section 10 9 hereof.
(b) Payment for the Shares to be sold hereunder is to be made in federal Federal (same day) funds against delivery of certificates therefor to the Representatives Representative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, York at 10:00 a.m., New York time, on June 26the February 23, 2019 2004 or at such other time and date not later than five business days thereafter as you and the Company Trust shall agree upon, such time and date being herein referred to as the “"Closing Date.” " (As used herein, “"business day” " means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.)
Appears in 1 contract
Samples: Equity Underwriting Agreement (Glimcher Realty Trust)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Company agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 8.835 per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 8 hereof.
(b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates therefor thereof to the Representatives Representative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the second business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” ”. As used herein, “business day” means a day on which the New York Stock Exchange NASDAQ is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Samples: Underwriting Agreement (Catalyst Biosciences, Inc.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 25.21 per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 hereof.
(b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 263, 2019 or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Invitation Homes Inc.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally Trust agrees to issue and not jointly, to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 24.2125 per share, the number of Shares set forth opposite the name of each Underwriter on in Schedule I heretohereof, subject to adjustments in accordance with Section 10 9 hereof.
(b) Payment for the Shares to be sold hereunder is to be made in federal Federal (same day) funds against delivery of certificates therefor to the Representatives Representative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, York at 10:00 a.m., New York time, on June 26August 25, 2019 2003 or at such other time and date not later than five business days thereafter as you and the Company Trust shall agree upon, such time and date being herein referred to as the “"Closing Date.” " (As used herein, “"business day” " means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.)
Appears in 1 contract
Samples: Equity Underwriting Agreement (Glimcher Realty Trust)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Company agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 13.51 per share, the number of Shares set forth opposite the name of each Underwriter on in Schedule I heretohereof, subject to adjustments in accordance with Section 10 9 hereof.
(b) Payment for the Shares to be sold hereunder is to be made in federal Federal (same day) funds to an account designated by the Company against delivery of certificates therefor thereof to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, York at 10:00 a.m., New York City time, on June 26, 2019 the third Business Day after the date of this Agreement or at such other time and date not later than five business days Business Days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” (As used herein, “business dayBusiness Day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.)
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Issuer agrees to sell to each Underwriter the Underwriters and each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 per share, the Issuer that number of Shares set forth opposite the name of each such Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 hereofhereto at a price of $26.09 per share.
(b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds to an account designated by the Issuer for the Shares to be sold by it against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The the Depository Trust Company, New York, New York, NY at 10:00 a.m., New York time, on June 26October 10, 2019 2017 or at such other time and date not later than five business days thereafter as you and the Company Issuer shall agree upon, upon (such time and date being herein referred to as the “Closing Date.” ”). As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 28.18 per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 hereof.
(b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26September 23, 2019 or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Invitation Homes Inc.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Company agrees to sell to each Underwriter the Underwriters, and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 per sharepurchase, the number of Shares set forth opposite the name of each Underwriter on in Schedule I heretohereof, subject to adjustments in accordance with Section 10 9 hereof, at a price of $5.17 per share.
(b) Payment for the Shares to be sold hereunder is to be made in federal Federal (same day) funds against delivery of certificates therefor to the Representatives Representative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, York at 10:00 a.m., New York time, on June 26, 2019 the fourth business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” (As used herein, “business day” means a day on which the New York Stock Exchange Nasdaq Global Select Market is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.)
Appears in 1 contract
Samples: Equity Underwriting Agreement (Smith & Wesson Holding Corp)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Issuer agrees to sell to each Underwriter the Underwriters and each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 per share, Issuer the respective number of Shares set forth opposite the name of each such Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 hereofhereto at a price of $65.65 per share.
(b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds to an account designated by the Issuer for the Shares to be sold by it against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The the Depository Trust Company, New York, New York, NY at 10:00 a.m., New York time, on June 26March 28, 2019 2024 or at such other time and date not later than five business days thereafter as you and the Company Issuer shall agree upon, upon (such time and date being herein referred to as the “Closing Date.” ”). As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 23.22 per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 hereof.
(b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26March 25, 2019 or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Invitation Homes Inc.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Company agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 6.392 per share, the number of Firm Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 8 hereof.
(b) Payment for the Firm Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates therefor thereof to the Representatives Representative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the second business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” ”. As used herein, “business day” means a day on which the New York Stock Exchange NASDAQ is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Company agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 16.77 per share, the number of Firm Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 8 hereof.
(b) Payment for the Firm Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates book-entry interests therefor to the Representatives Representative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the second business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” As used herein, “business day” means a day on which the New York Stock Exchange NASDAQ Global Select Market is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Samples: Equity Underwriting Agreement (TerraForm Power, Inc.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Stockholder agrees to sell to each the Underwriter and each the Underwriter agreesagrees to purchase, severally and not jointly, to purchase from the Selling Stockholders, 8,207,821 Shares at a price of $27.43 14.75 per share, . The obligations of the number Company and of Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 hereofSelling Stockholder shall be several and not joint.
(b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds to an account designated by the Selling Stockholder against delivery of certificates or book-entry entitlements therefor to the Representatives for the several accounts of the UnderwritersUnderwriter. Such payment and delivery are to be made through the facilities of The Depository Trust CompanyDTC, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the third business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you you, the Company and the Company Selling Stockholder shall agree upon, such time and date being herein referred to as the “Closing Date.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Samples: Equity Underwriting Agreement (VERRA MOBILITY Corp)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Company agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 31.62 per share, the number of Firm Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 8 hereof.
(b) Payment for the Firm Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates therefor thereof to the Representatives Representative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the second business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” ”. As used herein, “business day” means a day on which the New York Stock Exchange NASDAQ is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Samples: Underwriting Agreement (Catalyst Biosciences, Inc.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, Company agrees to sell to each Underwriter the Underwriters and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholderspurchase, at a price of $27.43 4.371 per share, the number of Firm Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 8 hereof.
(b) Payment for the Firm Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates therefor thereof to the Representatives Representative for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June 26, 2019 the second business day after the date of this Agreement or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” ”. As used herein, “business day” means a day on which the New York Stock Exchange NASDAQ is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the terms and conditions herein set forth, the Selling Stockholders agree, severally and not jointly, to sell to each Underwriter and each Underwriter agrees, severally and not jointly, to purchase from the Selling Stockholders, at a price of $27.43 30.05 per share, the number of Shares set forth opposite the name of each Underwriter on Schedule I hereto, subject to adjustments in accordance with Section 10 hereof.
(b) Payment for the Shares to be sold hereunder is to be made in federal (same day) funds against delivery of certificates therefor to the Representatives for the several accounts of the Underwriters. Such payment and delivery are to be made through the facilities of The Depository Trust Company, New York, New York, at 10:00 a.m., New York time, on June November 26, 2019 or at such other time and date not later than five business days thereafter as you and the Company shall agree upon, such time and date being herein referred to as the “Closing Date.” As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Invitation Homes Inc.)