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

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___] per share.

Appears in 24 contracts

Samples: Underwriting Agreement (Accrue Software Inc), Underwriting Agreement (Mypoints Com Inc), Underwriting Agreement (Extricity Inc)

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Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. 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 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 SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 9 contracts

Samples: Underwriting Agreement (Cobalt Group Inc), Underwriting Agreement (Oplink Communications Inc), Underwriting Agreement (Oplink Communications Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___] per share.

Appears in 7 contracts

Samples: Underwriting Agreement (Rudolph Technologies Inc), Underwriting Agreement (Verisity LTD), Underwriting Agreement (Mpath Interactive Inc/Ca)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___] per share.

Appears in 5 contracts

Samples: Underwriting Agreement (Stamps Com Inc), Underwriting Agreement (Egain Communications Corp), Underwriting Agreement (Coorstek Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___] _ per share.

Appears in 4 contracts

Samples: Underwriting Agreement (Lowestfare Com Inc), Underwriting Agreement (Navisite Inc), Underwriting Agreement (Persistence Software Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___] per share.

Appears in 2 contracts

Samples: Underwriting Agreement (Mapquest Com Inc), Underwriting Agreement (Ramp Networks Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 2 contracts

Samples: Underwriting Agreement (Alloy Online Inc), Underwriting Agreement (MCK Communications Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___] per share.

Appears in 2 contracts

Samples: Underwriting Agreement (Arthrocare Corp), Underwriting Agreement (Esperion Therapeutics Inc/Mi)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Digimarc Corp)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Digimarc Corp)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___15.00] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Youcentric Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 numbers 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 $[___] ___ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Stamps Com Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___] ____ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Computer Access Technology Corp)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. The Company agrees to issue and sell to the several Underwriters the Firm Shares subject to and upon the terms and conditions 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 SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Cubist Pharmaceuticals Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agreeeach Underwriter agrees, severally and not jointly, to purchase from the Company 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 shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Student Advantage Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. The Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the Firm Shares upon the terms herein set forthShares. 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 $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Chordiant Software Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 numbers 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 $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (C-Bridge Internet Solutions Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Battery Express Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. 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 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 SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Keynote Systems Inc)

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Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 on Schedule A. The purchase price per Firm Share to be paid by the several ---------- Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Nassda Corp)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. The Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the an aggregate of [8,250,000] Firm Shares upon the terms herein set forthShares. 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 SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Regent Licensee of El Paso Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. 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 and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, agree severally and not jointly, to purchase from the Company the respective number numbers of Firm Shares set forth opposite their names on Schedule SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Centra Software Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Ondisplay Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[____] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Firepond Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesShares . 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 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 $[___] _ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Switchboard Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. The Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the an aggregate of 2,500,000 Firm Shares upon the terms herein set forthShares. 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 $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Fundtech LTD)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 $[___OFFERING PRICE] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Packeteer Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. 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 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 Common Share to be paid by the several Underwriters to the Company shall be $[___[ ] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Emergency Medical Services L.P.)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. 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 and agreements of the Company and Phoenix 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 SCHEDULE A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Insilicon Corp)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. 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 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 SCHEDULE A. The purchase price per Firm Common Share to be paid by the several Underwriters to the Company shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Triad Medical Inc)

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