Common use of Sale and Purchase of Additional Shares Clause in Contracts

Sale and Purchase of Additional Shares. The Company and the Selling Stockholders hereby also agree to sell to the Underwriters, and, upon the basis of the representations, warranties, and agreements of the Company and the Selling Stockholders herein contained and subject to all the terms and conditions set forth herein, the Underwriters shall have the right for 30 days from the date of the Prospectus to purchase from the Company and the Selling Stockholders up to [ ] Additional Shares at the purchase price per Share for the Firm Shares, less an amount per share equal to any dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Additional Shares. The option to purchase Additional Shares may be exercised in whole or in part from time to time only for the purpose of covering overallotments that may be made in connection with the offering and distribution of the Firm Shares upon notice by ThinkEquity Partners to the Company setting forth the number of Additional Shares as to which the Underwriters are then exercising the option and the time and date of payment and delivery for such Additional Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by ThinkEquity Partners, but shall not be later than seven full business days after the exercise of such option, nor in any event prior to the Closing Date, as hereinafter defined. If the option is exercised as to all or any portion of the Additional Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Additional Shares then being purchased that the number of Firm Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Firm Shares, subject in each case to such adjustments as ThinkEquity Partners in its discretion shall make to eliminate any sales or purchases of fractional shares.

Sale and Purchase of Additional Shares. The Company Upon the basis of the representations and the Selling Stockholders hereby also agree to sell warranties and subject to the Underwritersterms and conditions herein set forth, andthe Company hereby grants to the several Underwriters the option to purchase, and upon the basis of the representations, warranties, representations and agreements of the Company and the Selling Stockholders herein contained warranties and subject to all the terms and conditions herein set forth hereinforth, the Underwriters shall have the right for 30 days to purchase, severally and not jointly, from the date Company, ratably in accordance with the number of Firm Shares to be purchased by each of them, all or a portion of the Prospectus to purchase from the Company and the Selling Stockholders up to [ ] Additional Shares at the purchase price per Share for the Firm Shares, less an amount per share equal to any dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Additional Shares. The option to purchase Additional Shares as may be exercised in whole or in part from time necessary to time only for the purpose of covering overallotments that may be cover over-allotments made in connection with the offering and distribution of the Firm Shares upon notice Shares, at the same purchase price per share to be paid by ThinkEquity Partners the Underwriters to the Company setting for the Firm Shares. This option may be exercised by Xxxxxxx Xxxxx on behalf of the several Underwriters at any time on one or more occasions on or before the thirtieth day following the date of the Prospectus, by written notice to the Company. Such notice shall set forth the aggregate number of Additional Shares as to which the Underwriters are then exercising the option is being exercised, and the date and time when the Additional Shares are to be delivered (such date and date time being herein referred to as the “additional time of payment and delivery for such Additional Shares. Any such purchase”); provided, however, that the additional time and date of delivery (a "Date of Delivery") shall be determined by ThinkEquity Partners, but purchase shall not be earlier than the time of purchase (as defined below) nor earlier than the second business day after the date on which the option shall have been exercised nor later than seven full the tenth business days day after the exercise of such option, nor in any event prior to the Closing Date, as hereinafter defined. If date on which the option is exercised as to all or any portion of the Additional Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total shall have been exercised. The number of Additional Shares then to be sold to each Underwriter shall be the number which bears the same proportion to the aggregate number of Additional Shares being purchased that as the number of Firm Initial Shares set forth in Schedule I opposite the name of such Underwriter on Schedule I hereto bears to the total number of Firm Initial Shares (subject, in each case, to such adjustment as you may determine to eliminate fractional shares), plus any additional number of Additional Shares which such Underwriter may become obligated to purchase in accordance with Section 10 hereof. In addition, in connection with the sale of any Additional Shares, subject in each case the Adviser agrees to make the per share Adviser Sales Load Payment with respect to such adjustments as ThinkEquity Partners in its discretion shall make to eliminate any sales or purchases of fractional sharesAdditional Shares.

Sale and Purchase of Additional Shares. The Company and the Selling Stockholders hereby also agree agrees to sell to the Underwriters, and, upon the basis of the representations, warranties, and agreements of the Company and the Selling Stockholders herein contained and subject to all the terms and conditions set forth herein, the Underwriters shall have the right for 30 days from the date of the Prospectus to purchase from the Company and the Selling Stockholders up to [ ] Additional Shares at the purchase price per Share for the Firm Shares, less an amount per share equal to any dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Additional Shares. The option to purchase Additional Shares may be exercised in whole or in part from time to time only for the purpose of covering overallotments that may be made in connection with the offering and distribution of the Firm Shares upon notice by ThinkEquity Partners to the Company setting forth the number of Additional Shares as to which the Underwriters are then exercising the option and the time and date of payment and delivery for such Additional Shares. Any such time and date of delivery (a "Date of Delivery") shall be determined by ThinkEquity Partners, but shall not be later than seven full business days after the exercise of such option, nor in any event prior to the Closing Date, as hereinafter defined. If the option is exercised as to all or any portion of the Additional Shares, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Additional Shares then being purchased that the number of Firm Shares set forth in Schedule I opposite the name of such Underwriter bears to the total number of Firm Shares, subject in each case to such adjustments as ThinkEquity Partners in its discretion shall make to eliminate any sales or purchases of fractional shares.