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

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule B. 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 and the Selling Stockholders the respective 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 and the Selling Stockholders shall be $___.

Appears in 2 contracts

Samples: Underwriting Agreement (Netsolve Inc), Underwriting Agreement (Netsolve Inc)

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Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. Upon the terms herein set forthforth herein, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 2,000,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 1,500,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule SCHEDULE B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $[___] per share.

Appears in 2 contracts

Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 1,000,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 2,500,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Rudolph Technologies Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 [____] Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 [____] Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $[____] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Varsitybooks Com Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 1,520,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 80,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule SCHEDULE B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Elantec Semiconductor Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 5,000,000 Firm Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 170,000 1,000,000 Firm Shares, each Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on Schedule B. 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 and the Selling Stockholders Shareholders the respective numbers 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 and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Insmed Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 1,500,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 6,500,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule SCHEDULE B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $___[ ] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Globespan Inc/De)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 2,000,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 625,471 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Net Perceptions Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 2,000,000 Firm Shares and (ii) the Selling Stockholders agree Stockholder agrees to sell to the several Underwriters an aggregate of 170,000 100,000 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule B. 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 and the Selling Stockholders Stockholder the respective numbers 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 and the Selling Stockholders Stockholder shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Emulex Corp /De/)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. Upon the terms herein set forthforth herein, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 2,026,637 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 1,473,363 Firm Shares, each such Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule SCHEDULE B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $___73.00 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Ibasis Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 5,625,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 1,875,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule SCHEDULE B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (TTM Technologies Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon On the basis of the representations, warranties and agreements herein contained and subject to the terms and conditions herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 4,000,000 Firm Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 170,000 150,000 Firm Shares, each Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on Schedule B. 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 and the Selling Stockholders Shareholders the respective numbers 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 and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Primus Knowledge Solutions Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 2,000,000 Firm Shares and (ii) the Selling Stockholders agree Shareholders agrees to sell to the several Underwriters an aggregate of 170,000 3,750,000 Firm Shares, each Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on Schedule B. 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 and the Selling Stockholders Shareholders the respective numbers number of Firm Shares set forth opposite their names on Schedule A. Schedules A and B. The purchase price ----------------- per ---------- Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $___100.275 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Keynote Systems Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 1,520,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 80,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule SCHEDULE B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $___77.1875 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Elantec Semiconductor Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 1,750,000 Firm Shares and (ii) the Selling Stockholders agree Shareholders agrees to sell to the several Underwriters an aggregate of 170,000 3,750,000 Firm Shares, each Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on Schedule B. 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 and the Selling Stockholders Shareholders the respective numbers number of Firm Shares set forth opposite their names on Schedule A. Schedules A and B. The purchase price ----------------- per ---------- Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $_____ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Keynote Systems Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 3,000,000 Firm Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 170,000 1,000,000 Firm Shares, each Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on Schedule B. 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 and the Selling Stockholders Shareholders the respective numbers 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 and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Critical Path Inc)

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Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 2,450,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 550,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule B. 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 and the Selling Stockholders the respective 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 and the Selling Stockholders shall be $___.

Appears in 1 contract

Samples: Underwriting Agreement (Netegrity Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 2,300,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 1,700,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $____ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Mypoints Com Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 1,625,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 875,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Impco Technologies Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 1,500,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 1,500,000 Firm Shares, each Selling Stockholder selling severally agrees to sell the number of Firm Shares set forth opposite such Selling Stockholder's name Stockholders named on Schedule SCHEDULE B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $_____ per share.

Appears in 1 contract

Samples: Underwriting Agreement (MCK Communications Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 1,000,000 Firm Shares and (ii) the Selling Stockholders agree Shareholders agrees to sell to the several Underwriters an aggregate of 170,000 3,750,000 Firm Shares, each Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on Schedule B. 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 and the Selling Stockholders Shareholders the respective numbers number of Firm Shares set forth opposite their names on Schedule A. Schedules A and B. The purchase price ----------------- per ---------- Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders Shareholders shall be $_____ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Keynote Systems Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm SharesTHE FIRM SHARES. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 2,300,000 Firm Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 170,000 1,450,000 Firm Shares, each Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on Schedule SCHEDULE B. 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 and the Selling Stockholders Shareholders the respective numbers 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 and the Selling Stockholders Shareholders shall be $_____ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Metron Technology N V)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 1,000,000 Firm Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 170,000 1,800,000 Firm Shares, each Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder's name on Schedule B. B1 and Schedule B2. 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 and the Selling Stockholders Shareholders the respective numbers 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 and the Selling Stockholders Shareholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Quest Software Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 2,250,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 4,750,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $___[ ] per share.

Appears in 1 contract

Samples: Underwriting Agreement (TTM Technologies Inc)

Purchase, Sale and Delivery of the Shares. (a) The Firm Shares. Upon the terms herein set forth, (iI) the Company agrees to issue and sell to the several Underwriters an aggregate of 3,530,000 3,853,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 170,000 147,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder's name on Schedule B. 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 and the Selling Stockholders the respective numbers 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 and the Selling Stockholders shall be $[___] per share.

Appears in 1 contract

Samples: Underwriting Agreement (Ramp Networks Inc)

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