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

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 sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, 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 10 hereof.

Appears in 2 contracts

Samples: Letter Agreement (Aegean Marine Petroleum Network Inc.), Newkirk Realty Trust, Inc.

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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 and subject to the terms and conditions herein set forth, the Company agrees to sell to each Underwriter issue and each Underwriterthe Company and the Selling Stockholders agree, severally and not jointly, agrees to sell to the Underwriters, and the Underwriters agree severally and not jointly to purchase from in the Companypercentages set forth in Schedule B hereto, all of the Excess Unsubscribed Shares at a purchase price of $_____ 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 10 hereofshare.

Appears in 2 contracts

Samples: Diamond Technology Partners Inc, Diamond Technology Partners Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Company, at a purchase price of $______ per share of $ share, the number of Firm Shares set forth opposite their respective names on the name of each Underwriter in Schedule I hereto together hereof, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.. 11 10

Appears in 2 contracts

Samples: Underwriting Agreement (Ccci Capital Trust Iii), Underwriting Agreement (Ccci Capital Trust Iii)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $_____ per share of $ share, the number of Firm Shares set forth opposite their respective names on the name of each Underwriter in Schedule I hereto together hereof, subject to adjustment in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Geotel Communications Corp), Underwriting Agreement (Geotel Communications 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 sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, Company 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 10 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Ascent Solar Technologies, Inc.), Underwriting Agreement (Ascent Solar 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 sell 2,500,000 of the Firm Shares to each the Underwriter and each Underwriter, severally and not jointly, the Underwriter agrees to purchase from the Company, at a purchase price per share of $ , the number of Firm Shares set forth opposite their the respective names on name of the Underwriter in Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereofhereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Environmental Power Corp), Underwriting Agreement (Environmental Power 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 sell to each Underwriter the Underwriters and each Underwriterthe Underwriters, severally and not jointly, agrees agree to purchase from the Company, at a purchase price per share of $ $.____, the number of Firm Shares set forth opposite their the respective names of the Underwriters on Schedule I hereto together subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (D E Frey Group Inc), Underwriting Agreement (D E Frey 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 agrees to sell to each Underwriter Underwriter, and each Underwriter, severally and not jointly, agrees to purchase from the Company, Company at a purchase price of $[ ] per share of $ Common Stock, the that number of Firm Shares set forth opposite their respective names on in Schedule I hereto together with any additional number opposite the name of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereofUnderwriter.

Appears in 2 contracts

Samples: Underwriting Agreement (Castle Brands Inc), Underwriting Agreement (Castle Brands 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 sell 3,333,333 of the Firm Shares to each Underwriter and each Underwriterof the Underwriters, (ii) the Underwriters severally and not jointly, agrees jointly agree to purchase from the Company, at a purchase price per share of $ $_______, the number of Firm Shares set forth opposite their respective names the name of such Underwriter 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 10 hereofhereto.

Appears in 2 contracts

Samples: Echapman Com Inc, Echapman Com 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 to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, 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 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Diana Shipping Inc.)

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 agrees and the Selling Stockholder agree severally and not jointly to sell to each Underwriter of the Underwriters, and each Underwriterof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $_________ per share of $ share, the number of Firm Shares set forth opposite their respective names on such Underwriter's name in Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereofhereto.

Appears in 1 contract

Samples: Pomeroy Computer (Pomeroy Computer Resources Inc)

Purchase, Sale and Delivery of the Shares. (a) 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 agrees and the Selling Stockholders agree to sell to each Underwriter of the Underwriters, and each Underwriterof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $________ per share of $ share, the number of Firm Shares set forth opposite their respective names on such Underwriter's name in Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (Litchfield Financial Corp /Ma)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $[___] per share of $ share, the number of Firm Shares set forth opposite their respective names on the name of each Underwriter in Schedule I hereto together hereof, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cardtronics 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 to sell to each Underwriter the Underwriters and each Underwriterthe Underwriters, severally and not jointly, agrees agree to purchase from the Company, 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 additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (American Mobile Satellite Corp)

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 agrees to sell to each Underwriter the several Underwriters the Firm Shares, and each Underwriterof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $______ per share of $ share, the number of Firm Shares set forth opposite their respective names on Schedule such Underwriter's name in SCHEDULE I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereofhereto.

Appears in 1 contract

Samples: Castle Dental Centers Inc

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to sell to each Underwriter Underwriter, and each UnderwriterUnderwriter agrees, subject to the conditions hereinafter stated, severally and not jointly, agrees to purchase from the Company, at a purchase price (the “Purchase Price”) of $84.5538 per share of $ Share, the number of Firm Shares set forth opposite their respective names on the name of such Underwriter in Schedule I hereto together hereto, subject to adjustment in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Molson Coors Brewing Co)

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 sell to each Underwriter the Underwriters and each Underwriter, severally and not jointly, agrees to purchase from the Company, 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 10 hereof.

Appears in 1 contract

Samples: Letter Agreement (JA Solar Holdings Co., Ltd.)

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 sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $9.21375, 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 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Capstead Mortgage Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price per share of $ per share, the number of Firm Shares set forth opposite their respective names the name of each Underwriter on Schedule I hereto together hereto, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof.

Appears in 1 contract

Samples: Equity Underwriting Agreement (City Ventures, Inc.)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell ________ Firm Shares to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $____ per share of $ share, the number of Firm Shares set forth opposite their respective names on the name of each underwriter in Schedule I hereto together hereof, subject to adjustment in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.

Appears in 1 contract

Samples: Cell Robotics International 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 to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $24.2125, the number of Firm Shares set forth opposite their respective names on its name in Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 12 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Anthracite Capital Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $[___] per share of $ share, the number of Firm Shares set forth opposite their respective names the name of each Underwriter on Schedule I hereto together hereto, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof.

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, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $[ ] per share of $ Share, the number of Firm Shares set forth opposite their respective names on the name of each Underwriter in Schedule I hereto together hereof, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Lumera 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 sell to each Underwriter and each the Underwriter, severally and not jointly, the Underwriter agrees to purchase from the Company, 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 10 hereofShares.

Appears in 1 contract

Samples: Underwriting Agreement (Miami Computer Supply Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $[●] per share of $ share, the number of Firm General Shares set forth opposite their respective names the name of each Underwriter on Schedule I hereto together hereto, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof.

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, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $__________ per share Share (representing a 6.2% discount from the initial public offering price of $ the Shares), the number of Firm Shares set forth opposite their respective names on the name of each Underwriter in Schedule I hereto together hereof, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.

Appears in 1 contract

Samples: C3 Inc /Nc/

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company and the Selling Stockholder agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $______ per share of $ Unit, the number of Firm Shares set forth opposite their respective names on the name of each Underwriter in Schedule I hereto together hereof, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.

Appears in 1 contract

Samples: Dag Media 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 to sell to each Underwriter the Underwriters and each Underwriterthe Underwriters, severally and not jointly, agrees agree to purchase from the Company, 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 10 hereof.additional

Appears in 1 contract

Samples: Underwriting Agreement (Usa Net 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 to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $24.9895, 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 10 9 hereof.

Appears in 1 contract

Samples: Letter Agreement (Greenbrier Companies Inc)

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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, forth (i) the Company agrees to issue and sell 2,225,000 Firm Shares to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ __________, the number of Firm Shares set forth opposite their the respective names on name of such Underwriter in Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereofhereto.

Appears in 1 contract

Samples: Underwriting Agreement (InterMetro 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 to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $5.875, 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 10 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Dynavax Technologies Corp)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, covenants and agreements herein contained, but of the Company and the Underwriters contained in this Agreement and subject to the terms and conditions herein set forthforth in this Agreement, the Company agrees to sell to each Underwriter the several Underwriters, and each Underwriterof the Underwriters agrees, severally and not jointly, agrees to purchase from the Company, at a purchase price of $________ per share of $ share, the respective number of Firm Shares set forth opposite their respective names the name of such Underwriter on Schedule I hereto together with any additional number to this Agreement (subject to adjustment as provided in Section 8 of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereofthis Agreement).

Appears in 1 contract

Samples: Underwriting Agreement (Keith Companies 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 to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $23.214, 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 10 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Gardner Denver 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 to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $[ ], the number an aggregate 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 10 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cypress Sharpridge Investments, 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 to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $[ ], the number an aggregate of 8,500,000 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 10 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cypress Sharpridge Investments, 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 to sell to each Underwriter the several Underwriters and each Underwriterthe Underwriters, severally and not jointly, agrees agree to purchase from the Company, 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 10 hereof.price

Appears in 1 contract

Samples: Brigham Exploration Co

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 sell to each Underwriter the several Underwriters, and each Underwriter, severally and not jointly, agrees to purchase from the Company, Company at a purchase price $_____ per share of $ (the "Purchase Price"), the number of Firm Shares set forth opposite their the respective names name of such Underwriter on Schedule I 1 hereto together with any additional (and such number of Additional Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.as set forth in

Appears in 1 contract

Samples: Seec 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 to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $12.00, the number an aggregate of 20,000,000 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 10 11 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Cypress Sharpridge Investments, 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 to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $20.735, 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 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Clinical Data Inc)

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 agrees to sell to each Underwriter the Underwriters, and each Underwriterof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $______ per share of $ share, the number of Firm Shares set forth opposite their respective names on such Underwriter's name in Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereofhereto.

Appears in 1 contract

Samples: Logans Roadhouse 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 to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $[ ], the number of Firm Shares set forth opposite their respective names on Schedule I A hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Newtek Business Services Inc)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $[·] per share of $ share, the number of Firm Shares Securities set forth opposite their respective names the name of each Underwriter on Schedule I hereto together hereto, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (UP Fintech Holding LTD)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $____ per share of $ Share, the number of Firm Shares set forth opposite their respective names on the name of each Underwriter in Schedule I hereto together hereof, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.

Appears in 1 contract

Samples: Pacific Mercantile Bancorp

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 agrees to sell to each Underwriter the several Underwriters the Firm Shares, and each Underwriterof the Underwriters, severally and not jointly, agrees to purchase from the Company, at a purchase price of $______ per share of $ share, the number of Firm Shares set forth opposite their respective names on such Underwriter's name in Schedule I hereto together with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereofhereto.

Appears in 1 contract

Samples: Orthalliance 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 to sell to each Underwriter and each Underwriter, severally and not jointly, agrees to purchase from the Company, at a purchase price per share of $ $5.70, 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 10 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Winthrop Realty Trust)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $[ ] per share of $ share, the number of Firm Shares Securities set forth opposite their respective names the name of each Underwriter on Schedule I hereto together hereto, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 8 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (X Financial)

Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties, warranties and covenants and agreements herein contained, but and subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and each Underwriter and each Underwriteragrees, severally and not jointly, agrees to purchase from the Companypurchase, at a purchase price of $[•] per share of $ share, the number of Firm Shares set forth opposite their respective names on the name of each Underwriter in Schedule I hereto together hereof, subject to adjustments in accordance with any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 9 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Anthera Pharmaceuticals Inc)

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