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

Sale and Purchase of the Shares. The Company agrees to sell to each Underwriter, and each Underwriter, on the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein stated, agrees to purchase from the Company the number of Firm Shares set forth opposite the name of Underwriter in Schedule II hereto. The obligations of the Underwriters under this Agreement are several and not joint. In addition, the Company grants to the Underwriters an option to purchase up to an additional number of Option Shares indicated in Schedule I hereto. Such option is granted solely for the purpose of covering over-allotments in the sale of Firm Shares and is exercisable as provided in Section 3 hereof. Option Shares shall be purchased severally for the account of the Underwriters in proportion to the number of Firm Shares set forth opposite the name of such Underwriters in Schedule II hereto. The respective purchase obligations of each Underwriter with respect to the Option Shares shall be adjusted by the Representatives so that no Underwriter shall be obligated to purchase Option Shares other than in 100 share amounts. The price of both the Firm Shares and any Option Shares shall be the price per share indicated in Schedule I hereto.

Appears in 3 contracts

Samples: Underwriting Agreement (Lehman Brothers Holdings Capital Trust Iii), Underwriting Agreement (Lehman Brothers Holdings Inc), Underwriting Agreement (Lehman Brothers Holdings Inc)

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Sale and Purchase of the Shares. The Company agrees to sell to each Underwriter, and each Underwriter, on the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein stated, agrees to purchase from the Company the number of Depositary Shares in respect of Firm Shares set forth opposite the name of Underwriter in Schedule II hereto. The obligations of the Underwriters under this Agreement are several and not joint. In addition, the Company grants to the Underwriters an option to purchase up to an additional number of Option Shares indicated in Schedule I hereto. Such option is granted solely for the purpose of covering over-allotments in the sale of Firm Shares and is exercisable as provided in Section 3 hereof. Option Shares shall be purchased severally for the account of the Underwriters in proportion to the number of Depositary Shares in respect of Firm Shares set forth opposite the name of such Underwriters in Schedule II hereto. The respective purchase obligations of each Underwriter with respect to the Option Shares shall be adjusted by the Representatives so that no Underwriter shall be obligated to purchase Option Shares other than in 100 10 share amountsamounts and integral multiples thereof. The price of both the Firm Shares and any Option Shares shall be the price per share indicated in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Lehman Brothers Holdings Capital Trust V), Underwriting Agreement (Lehman Brothers Holdings Capital Trust V)

Sale and Purchase of the Shares. The Company agrees to sell to each Underwriter, and each Underwriter, on the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein stated, agrees to purchase from the Company the number of Depositary Shares in respect of Firm Shares set forth opposite the name of Underwriter in Schedule II hereto. The obligations of the Underwriters under this Agreement are several and not joint. In addition, the Company grants to the Underwriters an option to purchase up to an additional number of Option Shares indicated in Schedule I hereto. Such option is granted solely for the purpose of covering over-allotments in the sale of Firm Shares and is exercisable as provided in Section 3 hereof. Option Shares shall be purchased severally for the account of the Underwriters in proportion to the number of Depositary Shares in respect of Firm Shares set forth opposite the name of such Underwriters in Schedule II hereto. The respective purchase obligations of each Underwriter with respect to the Option Shares shall be adjusted by the Representatives Representative(s) so that no Underwriter shall be obligated to purchase Option Shares other than in 100 10 share amountsamounts and integral multiples thereof. The price of both the Firm Shares and any Option Shares shall be the price per share indicated in Schedule I hereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Lehman Brothers Holdings Inc), Underwriting Agreement (Lehman Brothers Holdings Inc)

Sale and Purchase of the Shares. The Company agrees to sell to each Underwriter, and each Underwriter, on the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein stated, agrees to purchase from the Company the number of Depositary Shares in respect of Firm Shares set forth opposite the name of Underwriter in Schedule II hereto. The obligations of the Underwriters under this Agreement are several and not joint. [TO BE INCLUDED IN GLOBAL OFFERING: The Underwriters have each agreed to the provisions contained in the Shearson Xxxxxx Brothers Inc. Agreement Among Underwriters Basic Provision for Offerings of Securities, dated as of May 15, 1985.] In addition, the Company grants to the Underwriters an option to purchase up to an additional number of Option Shares indicated in Schedule I hereto. Such option is granted solely for the purpose of covering over-allotments in the sale of Firm Shares and is exercisable as provided in Section 3 hereof. Option Shares shall be purchased severally for the account of the Underwriters in proportion to the number of Depositary Shares in respect of Firm Shares set forth opposite the name of such Underwriters in Schedule II hereto. The respective purchase obligations of each Underwriter with respect to the Option Shares shall be adjusted by the Representatives so that no Underwriter shall be obligated to purchase Option Shares other than in 100 10 share amountsamounts and integral multiples thereof. The price of both the Firm Shares and any Option Shares shall be the price per share indicated in Schedule I hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Lehman Brothers Holdings Capital Trust V)

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Sale and Purchase of the Shares. The Company agrees to sell to each Underwriter, and each Underwriter, on On the basis of the representations, warranties and agreements herein containedcontained in, but and subject to the terms and conditions herein statedof, this Agreement, the Company agrees to sell to the several Underwriters, and the Underwriters agree, severally and not jointly, to purchase from the Company Company, at a price of $9.195 per share (the "INITIAL PRICE"), the number of shares of Firm Shares Stock set forth opposite the that Underwriter's name of Underwriter in Schedule II I hereto. The obligations of the Underwriters under this Agreement are several and not joint. In addition, the Company grants to the Underwriters an option to purchase up to an additional number 1,500,000 shares of Option Shares indicated in Schedule I heretoStock. Such option is granted solely for the purpose of covering over-allotments in the sale of Firm Shares Stock and is exercisable as provided in Section 3 2 hereof. Shares of Option Shares Stock shall be purchased severally for the account of the Underwriters in proportion to the number of shares of Firm Shares Stock set forth opposite the name of such Underwriters in Schedule II I hereto. The respective purchase obligations of each Underwriter with respect to the Option Shares Stock shall be adjusted by the Representatives Representative so that no Underwriter shall be obligated to purchase Option Shares Stock other than in 100 share amounts. The price of both the Firm Shares Stock and any Option Shares Stock shall be $9.195 per share. The Company shall not be obligated to deliver any of the price per share indicated in Schedule I heretoShares to be delivered on any Delivery Date (as hereinafter defined), except upon payment for all the Shares to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Key Energy Services Inc)

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