Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase at a price of $[ ] per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Fund American Co Inc/New), Fund American Co Inc/New
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 7.05 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Anthera Pharmaceuticals Inc), Underwriting Agreement (Anthera Pharmaceuticals Inc)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 4.371 per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ [net price] per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Cima Labs Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ — ] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 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 and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the SharesUnderwriters, and each Underwriter agrees, severally and not jointly, to purchase at a price of $[ ] per sharepurchase, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof, at a price of $3.431 per share.
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 conditions herein set forth, the Company agrees to sell to the Underwriters and the Shares, and each Underwriter agreesUnderwriters agree, severally and not jointly, to purchase purchase, at a price of $[ ] 17.07 per shareShare, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereof, subject to adjustments in accordance with Section 9 hereofhereto.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Ladder Capital Corp)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 8.835 per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the SharesUnderwriters, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] $ per share, the number of Firm Shares set forth opposite the name of each such Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Iturf Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 0.94 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Anthera Pharmaceuticals Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the SharesUnderwriters, and each Underwriter agrees, severally and not jointly, to purchase at a price of $[ ] per sharepurchase, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereofat a price of $4.6109 per share.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Chelsea Therapeutics International, Ltd.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] ______________ per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 6.96 per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] $ per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 12.4475 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 4.23 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Anthera Pharmaceuticals Inc)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ [•] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Ichor Holdings, Ltd.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ [—] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 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 and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell 2,000,000 Firm Shares to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] _________ per share, the number of Firm Shares set forth opposite the name of each Underwriter underwriter in Schedule I A hereof, subject to adjustments adjustment in certain circumstances in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Hometown Auto Retailers Inc
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 13.395 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 31.62 per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the SharesUnderwriters, and each Underwriter agrees, severally and not jointly, to purchase at a price of $[ ] per sharepurchase, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof, at a price of $3.76 per share.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ [●] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell 400,000 Firm Units to -11- the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] ____ per share, the number of Firm Shares Units set forth opposite the name of each Underwriter underwriter in Schedule I hereof, subject to adjustments adjustment in accordance with Section 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 and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 8.37 per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Ichor Holdings, Ltd.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the SharesUnderwriters, and each Underwriter agrees, severally and not jointly, to purchase at a price of $[ ] per sharepurchase, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereofat a price of $19.27 per share.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the SharesUnderwriters, and each Underwriter agrees, severally and not jointly, to purchase at a price of $[ ] per sharepurchase, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereofat a price of $3.764 per share.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Chelsea Therapeutics International, Ltd.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] _________ per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 9.30 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 16.77 per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 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 and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 5.4625 per share, the number of Firm Shares (including the associated Rights) set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Orient Express Hotels LTD)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ [•] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof.
Appears in 1 contract
Samples: Equity Underwriting Agreement (SunEdison Semiconductor Pte. Ltd.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase at a price of $[ ] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof. The purchase price per Share to be paid by the several Underwriters to the Company shall be $7.20.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 10.2125 per share, the number of Firm Shares (including the associated Rights) set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Orient Express Hotels LTD)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants agreements herein contained, and but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters the SharesUnderwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Company at a purchase price of $[ ] 24.2125 per share, the number of Firm Shares set forth opposite the name of each such Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereofhereto.
Appears in 1 contract
Samples: Great Lakes Reit
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company Selling Shareholder agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ [·] net price per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 38.31 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Wynn Resorts LTD
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the SharesUnderwriters, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 16.74 per share, the number of Firm Shares set forth opposite the name of each such Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 172.7925 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 5.115 per shareShare, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the SharesUnderwriters, and each Underwriter agrees, severally and not jointly, to purchase at a price of $[ ] per sharepurchase, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof, at a price of $2.632 per share.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ [_discounted_] per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereof, subject to adjustments in accordance with Section 9 hereofhereto.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Advanced Disposal Services, Inc.)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the SharesUnderwriters, and each Underwriter agrees, severally and not jointly, to purchase at a price of $[ ] per sharepurchase, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof, at a price of $5.875 per share.
Appears in 1 contract
Samples: 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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 6.392 per share, the number of Firm Shares set forth opposite the name of each Underwriter in on Schedule I hereofhereto, subject to adjustments in accordance with Section 9 8 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 43.50 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 9.50 per share, the number of Firm Shares (including the associated Rights) set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Orient Express Hotels LTD)
Purchase, Sale and Delivery of the Shares. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 6.3619 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
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 conditions herein set forth, the Company agrees to sell to the Underwriters the Shares, and each Underwriter agrees, severally and not jointly, to purchase purchase, at a price of $[ ] 0.6204 per share, the number of Firm Shares set forth opposite the name of each Underwriter in Schedule I hereof, subject to adjustments in accordance with Section 9 hereof.
Appears in 1 contract
Samples: Equity Underwriting Agreement (Anthera Pharmaceuticals Inc)