Common use of Shares Subject to Sale Clause in Contracts

Shares Subject to Sale. (a) On the basis of the representations, warranties and agreements of the Company contained herein, and subject to the terms and conditions of this Agreement, (i) the Company agrees to issue and sell to each Underwriter, severally and not jointly, and (ii) each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a purchase price per share of $______, the respective number of Firm Shares set forth opposite the name of each respective Underwriter in Schedule I hereto; and (b) in the event and to the extent that the Underwriters shall exercise the election to purchase Optional Shares as provided below, (i) the Company agrees to issue and sell the Optional Shares to each Underwriter, severally and not jointly, and (ii) each of the Underwriters agrees, severally and not jointly, to purchase from the Company at the purchase price per share set forth above, that portion of the number of Optional Shares as to which such election shall have been exercised (to be adjusted by you so as to eliminate fractional shares) determined by multiplying such number of Optional Shares by a fraction, the numerator of which is the maximum number of Optional Shares which such Underwriter is entitled to purchase as set forth opposite the name of such Underwriter in Schedule I hereto and the denominator of which is the maximum number of the Optional Shares which all of the Underwriters are entitled to purchase hereunder.

Shares Subject to Sale. (a) On the basis of the representations, warranties and agreements of the Company contained herein, and subject to the terms and conditions of this Agreementherein set forth, (ia) the Company agrees agrees, to issue and sell to each Underwriter, severally and not jointlyof the Underwriters, and (ii) each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a purchase price per share of $______, the respective number of Firm Shares as set forth opposite the name of each respective such Underwriter in Schedule I hereto; , and (b) in the event and to the extent that the Underwriters shall exercise the election to purchase Optional Shares as provided below, (i) the Company agrees to issue and sell the Optional Shares to each Underwriter, severally and not jointlyof the Underwriters, and (ii) each of the Underwriters agrees, severally and not jointly, to purchase from the Company Company, at the purchase price per share set forth abovein clause (a) of this Section 2, that portion of the number of Optional Shares as to which such election shall have been exercised (to be adjusted by you so as to eliminate fractional shares) determined by multiplying such number of Optional Shares by a fraction, the numerator of which is the maximum number of Optional Shares which such Underwriter is entitled to purchase as set forth opposite the name of such Underwriter in Schedule I hereto hereto, and the denominator of which is the maximum number of the Optional Shares which all of the Underwriters are entitled to purchase hereunder.