Common use of Repurchases in the Open Market Clause in Contracts

Repurchases in the Open Market. Any Securities sold by us (otherwise than through you) which, prior to the termination of this Agreement, or such earlier date as you may determine, shall be contracted for or purchased in the open market by you on behalf of any Underwriter or Underwriters, shall be repurchased by us on demand at a price equal to the cost of such purchase plus commissions and taxes, if any, on redelivery. Any Securities delivered on such repurchase need not be the identical Securities originally sold by us. In lieu of delivery of such Securities to us, you may (i) sell such Securities in any manner for our account and charge us with the amount of any loss or expense, or credit us with the amount of any profit, less any expense, resulting from such sale, or (ii) charge our account with an amount not in excess of the concession to Dealers on such Securities.

Appears in 4 contracts

Samples: Underwriting Agreement (Whitney Information Network Inc), Underwriting Agreement (Investors Capital Holdings LTD), Underwriting Agreement (Genetic Vectors Inc)

AutoNDA by SimpleDocs

Repurchases in the Open Market. Any Securities Shares sold by us (otherwise than through you) which, prior to the termination of this Agreement, Agreement or such earlier date as you may determine, shall be contracted for or purchased in the open market by you on behalf of any Underwriter or Underwriters, shall be repurchased by us on demand at a price equal to the cost of such purchase (including commissions and taxes paid in connection with such purchase) plus commissions and taxes, if any, taxes on redelivery. Any Securities Shares delivered on such repurchase need not be the identical Securities Shares originally sold by us. In lieu of delivery of such Securities Shares to us, you may (ia) sell such Securities Shares in any manner for our account and charge us with the amount of any loss or expense, or credit us with the amount of any profit, profit less any expense, resulting from such salesale or, or at your option, (iib) charge our account with an amount not in excess of the concession to Dealers on such SecuritiesShares, plus commissions and taxes paid in connection with such purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Big Dog Entertainment Inc), Underwriting Agreement (Big Dog Entertainment Inc), Underwriting Agreement (Mikes Original Inc)

Repurchases in the Open Market. Any Securities sold by us (otherwise than through you) which, prior to the termination of this Agreement, Agreement or such earlier date as you may determine, shall be contracted for or purchased in the open market by you on behalf of any Underwriter or Underwriters, shall be repurchased by us on demand at a price equal to the cost of such purchase (including commissions and taxes paid in connection with such purchase) plus commissions and taxes, if any, taxes on redelivery. Any Securities delivered on such repurchase need not be the identical Securities originally sold by us. In lieu of delivery of such Securities to us, you may (ia) sell such Securities in any manner for our account and charge us with the amount of any loss or expense, or credit us with the amount of any profit, profit less any expense, resulting from such salesale or, or at your option, (iib) charge our account with an amount not in excess of the concession to Dealers dealers on such Securities, plus commissions and taxes paid in connection with such purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (East Coast Venture Capital Inc), Underwriting Agreement (Proflight Medical Response Inc)

Repurchases in the Open Market. Any Securities sold by us (otherwise than through you) which, prior to the termination of this Agreement, or such earlier date as you may determine, shall be contracted for or purchased in the open market by you on behalf of any Underwriter or Underwriters, shall be repurchased by us on demand at a price equal to the cost of such purchase plus commissions and taxes, if any, on redelivery. Any Securities delivered on such repurchase need not be the identical Securities originally sold by us. In lieu of delivery of such Securities to us, you may (ia) sell such Securities in any manner for our account and charge us with the amount of any loss or expense, or credit us with the amount of any profit, less any expense, resulting from such sale, or (iib) charge our account with an amount not in excess of the concession to Dealers on such Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Mgi2 Inc)

AutoNDA by SimpleDocs

Repurchases in the Open Market. Any Securities sold by us (otherwise than through you) which, prior to the termination of this Agreement, or such earlier date as you may determine, shall be contracted for or purchased in the open market by you on behalf of any Underwriter or Underwriters, shall be repurchased by us on demand at a price equal to the cost of such purchase plus commissions and taxes, if any, on redelivery. Any Securities delivered on such repurchase need not be the identical Securities originally sold by us. In lieu of delivery of such Securities to us, you may (i) sell such Securities in any manner for our account and charge us with the amount of any loss or expense, or credit us with the amount of any profit, less any expense, resulting from such sale, or (ii) charge our account . t with an amount not in excess of the concession to Dealers on such Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Meteor Industries Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!