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 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 on redelivery. Any Securities delivered on such repurchase need not be the identical shares originally sold by us. In lieu of delivery of such shares to us, you may sell such 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, less any expense, resulting from such sale, or charge our account with an amount not in excess of the concession to Selected Dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Rosedale Decorative Products LTD), Underwriting Agreement (Conserver Corp of America)

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Repurchases in the Open Market. Any Securities Shares sold by us (otherwise than through you) which 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 on redelivery. Any Securities securities delivered on such repurchase need not be the identical shares securities originally sold by us. In lieu of delivery of such shares securities to us, you may (i) sell such shares 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 Selected DealersDealers on such securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Ready Mix, Inc.), Underwriting Agreement (Ready Mix, Inc.)

Repurchases in the Open Market. Any Securities sold by us (otherwise other than through you) which 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 on redelivery. Any Securities delivered on such repurchase need not be evidenced by the identical shares Securities originally sold by us. In lieu of delivery of such shares Securities to us, you may sell such shares 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 charge our account with an amount not in excess of the concession to Selected Dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Galacticomm Technologies Inc)

Repurchases in the Open Market. Any Securities Shares sold by us (otherwise than through you) which which, prior to the termination of this Section 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 Underwriters, shall be repurchased by us on demand at a price equal to the cost of such purchase plus commissions and taxes on redelivery. Any Securities Shares delivered on such 4 repurchase need not be the identical shares Shares originally sold by us. In lieu of delivery of such shares Shares to us, you may (i) sell such shares 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, less any expense, resulting from such sale, or (ii) charge our account with an amount not in excess of the concession to Selected DealersDealers on such Shares.

Appears in 1 contract

Samples: Underwriting Agreement (HLM Design Inc)

Repurchases in the Open Market. Any Securities Shares sold by us (otherwise other than through you) which 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 on redelivery. Any Securities Shares delivered on such repurchase need not be the identical shares Shares originally sold by us. In lieu of delivery of such shares Shares to us, you may sell such shares 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, less any expense, resulting from such sale, or charge our account with an amount not in excess of the concession to Selected Dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Sunrise Preschools Inc/De/)

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Repurchases in the Open Market. Any Securities Shares sold by us (otherwise than through youthe Representatives) which that shall be contracted for or purchased in the open market by you the Representatives 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 on redelivery. Any Securities Shares delivered on such repurchase need not be the identical shares originally sold by us. In lieu of delivery of such shares to us, you the Representatives may sell such 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, less any expense, resulting from such sale, or charge our account with an amount not in excess of the concession to Selected Dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Ault Inc)

Repurchases in the Open Market. Any Securities Units sold by us (otherwise than through you) which 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 any broker's commissions and transfer taxes on redelivery. Any Securities Units delivered on such repurchase need not be the identical shares originally sold by us. In lieu of delivery of such shares to us, you may sell such 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, less any expense, resulting from such sale, or charge our account with an amount not in excess of the concession to Selected Dealers. 5.

Appears in 1 contract

Samples: Underwriting Agreement (Hotel Discovery Inc)

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