Common use of Terms of Public Offering Clause in Contracts

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 38 contracts

Samples: Underwriting Agreement (Ask Jeeves Inc), Underwriting Agreement (Copper Mountain Networks Inc), Underwriting Agreement (Phase Forward Inc)

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Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 26 contracts

Samples: Underwriting Agreement (Kymera Therapeutics, Inc.), Underwriting Agreement (Rhythm Pharmaceuticals, Inc.), Underwriting Agreement (Evelo Biosciences, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [•] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [•] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [•] a share, to any Underwriter or to certain other dealers.

Appears in 21 contracts

Samples: Underwriting Agreement (Sight Sciences, Inc.), Underwriting Agreement (NextCure, Inc.), Underwriting Agreement (Alector, Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 20 contracts

Samples: Underwriting Agreement (Uber Technologies, Inc), Underwriting Agreement (Atento S.A.), Underwriting Agreement (Mavenir Systems Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 20 contracts

Samples: Underwriting Agreement (Ingram Micro Inc), Underwriting Agreement (Aecom Merger Corp), Underwriting Agreement (Asiainfo Holdings Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 18 contracts

Samples: Underwriting Agreement (Novoste Corp /Fl/), Underwriting Agreement (Chicago Mercantile Exchange Holdings Inc), Underwriting Agreement (Chicago Mercantile Exchange Holdings Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [—] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [—] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [—] a share, to any Underwriter or to certain other dealers.

Appears in 17 contracts

Samples: Underwriting Agreement (Cvent Inc), Underwriting Agreement (Independence Contract Drilling, Inc.), Underwriting Agreement (Spirit Finance Corp)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $________U.S.$_____ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $__U.S.$____ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_U.S.$____ a share, to any Underwriter or to certain other dealers.

Appears in 11 contracts

Samples: Underwriting Agreement (Convergys Corp), Underwriting Agreement (Conoco Inc /De), Underwriting Agreement (Healtheon Corp)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [●] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [●] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [●] a share, to any Underwriter or to certain other dealers.

Appears in 11 contracts

Samples: Underwriting Agreement (Affirm Holdings, Inc.), Underwriting Agreement (Affirm Holdings, Inc.), Underwriting Agreement (Clementia Pharmaceuticals Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [•] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [•] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [•] a share, to any Underwriter or to certain other dealers.

Appears in 10 contracts

Samples: Underwriting Agreement (Sonos Inc), Underwriting Agreement (Charah Solutions, Inc.), Underwriting Agreement (Connecture Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 9 contracts

Samples: Underwriting Agreement (Livingston Enterprises Inc), Underwriting Agreement (Smart Modular Technologies Inc), Underwriting Agreement (Tickets Com Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $________U.S.$_____ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $__U.S.$____ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_U.S.$____ a share, to any Underwriter or to certain other dealers.

Appears in 9 contracts

Samples: Underwriting Agreement (Professional Detailing Inc), Underwriting Agreement (Click Commerce Inc), Underwriting Agreement (Choice One Communications Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [·] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [·] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [·] a share, to any Underwriter or to certain other dealers.

Appears in 8 contracts

Samples: Underwriting Agreement (Natera, Inc.), Underwriting Agreement (MongoDB, Inc.), Underwriting Agreement (NextCure, Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [—] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [—] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [—] a share, to any Underwriter or to certain other dealers.

Appears in 8 contracts

Samples: Underwriting Agreement, Underwriting Agreement (LendingClub Corp), Underwriting Agreement (Quintiles Transnational Holdings Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [·] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [·] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [·] a share, to any Underwriter or to certain other dealers.

Appears in 7 contracts

Samples: Underwriting Agreement (SendGrid, Inc.), Underwriting Agreement (Shutterstock, Inc.), Underwriting Agreement (Ophthotech Corp.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 6 contracts

Samples: Underwriting Agreement (Isilon Systems, Inc.), Underwriting Agreement (Vignette Corp), Underwriting Agreement (Pinnacle Holdings Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [●] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [●] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [●] a share, to any Underwriter or to certain other dealers.

Appears in 6 contracts

Samples: Underwriting Agreement (Airbnb, Inc.), Underwriting Agreement (Sonos Inc), Underwriting Agreement

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 6 contracts

Samples: Underwriting Agreement (Optium Corp), Underwriting Agreement (Engenio Information Technologies, Inc.), Underwriting Agreement (Avici Systems Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 4 contracts

Samples: Underwriting Agreement (Biodel Inc), Underwriting Agreement (Compellent Technologies Inc), Underwriting Agreement (Sourcefire Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ $ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ $ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ $ a share, to any Underwriter or to certain other dealers.

Appears in 4 contracts

Samples: Underwriting Agreement (Priceline Com Inc), Underwriting Agreement (KPMG Consulting Inc), Underwriting Agreement (Steel Dynamics Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 3 contracts

Samples: Underwriting Agreement (Aecom Technology Corp), Underwriting Agreement (Aecom Technology Corp), Underwriting Agreement (Lithia Motors Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $[_____________ _] a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $[______ _] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ _] a share, to any Underwriter or to certain other dealers.

Appears in 3 contracts

Samples: Underwriting Agreement (GREENPOWER MOTOR Co INC.), Underwriting Agreement (Cacheflow Inc), Underwriting Agreement (Proton Energy Systems Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $_______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $______ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Pe Corp), Underwriting Agreement (Viropharma Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Dupont Photomasks Inc), Underwriting Agreement (Ocular Sciences Inc /De/)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Dupont Photomasks Inc), Underwriting Agreement (Cysive Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at U.S. $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of U.S. $_______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of U.S. $______ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Market Facts Inc), Underwriting Agreement (Market Facts Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Arena Pharmaceuticals Inc), Underwriting Agreement (Merix Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Super Micro Computer, Inc.), Underwriting Agreement (Advance America, Cash Advance Centers, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____U.S.$________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $U.S.$________ a share under the Public Offering Pricepublic offering price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $U.S.$_______ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Circuit City Stores Inc), Underwriting Agreement (Circuit City Stores Inc)

Terms of Public Offering. The Company is Selling Shareholders are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Selling Shareholders are further advised by you that the Shares are to be offered to the public initially at $_____________ $ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ $ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ $ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Inet Technologies Inc), Underwriting Agreement (Digitas Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_________U.S.$____ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $__U.S.$____ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_U.S.$____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Rental Service Corp), Underwriting Agreement (Rental Service Corp)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $U.S.$_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $U.S.$______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $U.S.$_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Getty Images Inc), Underwriting Agreement (Leap Wireless International Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at U.S. $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of U.S. $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of U.S. $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Journal Register Co), Underwriting Agreement (Extreme Networks Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the ------------------------ Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_________U.S.$____ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $__U.S.$____ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_U.S.$____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Rental Service Corp), Underwriting Agreement (Rental Service Corp)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ U.S.$[ ] a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ U.S.$[ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ U.S.$[ ] a share, to any Underwriter or to certain other dealers. 4.

Appears in 2 contracts

Samples: Underwriting Agreement (Destia Communications Inc), Underwriting Agreement (Waddell & Reed Financial Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a [•] per share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a [•] per share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a [•] per share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Enphase Energy, Inc.), Underwriting Agreement (Enphase Energy, Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____$ ________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $$ ________ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ ____a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Ameripath Inc), Underwriting Agreement (Ameripath Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Drugstore Com Inc), Underwriting Agreement (Verisign Inc/Ca)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ U.S.$ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ U.S.$ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ U.S.$ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Reltec Corp), Underwriting Agreement (Household International Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Priceline Com Inc), Underwriting Agreement (Atmel Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the ------------------------ Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Depuy Inc), Underwriting Agreement (Neomagic Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallowre-allow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Medsource Technologies Inc)

Terms of Public Offering. The Company Selling Shareholder is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company Selling Shareholder is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (St Joe Co)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, concession not in excess of $_____ a share, share to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Trubion Pharmaceuticals, Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ $ . a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ $ . a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ $ . a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Genuity Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_______ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Rigel Pharmaceuticals Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Polycom Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $[______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Emdeon Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Sycamore Networks Inc)

Terms of Public Offering. The Company is advised by you the Manager that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your the Manager’s judgment is advisable. The Company is further advised by you the Manager that the Shares are to be offered to the public initially at $_____________ a per share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you the Manager at a price that represents a concession not in excess of $______ a per share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, reallow a concession, not in excess of $_____ a per share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Purchase Agreement (Pfsweb Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $[______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (SS&C Technologies Holdings Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $________ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $________ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Internap Network Services Corp/Wa)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [·] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [·] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ 0.10 a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Collectors Universe Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [•] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [•] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [•] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Cvent Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Ventro Corp)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers. The Company acknowledges and agrees that the Underwriters may offer and sell Shares to or through any affiliate of an Underwriter.

Appears in 1 contract

Samples: Underwriting Agreement (ZoomInfo Technologies Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ O a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Mastec Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at [$_____________ ] a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of [$______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of [$_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Intuitive Surgical Inc)

Terms of Public Offering. The Company is advised by you that the ------------------------ Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Rambus Inc)

Terms of Public Offering. The Company is advised by you that the ------------------------- Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ 12.00 a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ 0.47 a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ 0.10 a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Delco Remy International Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Motive Communications Inc)

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Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_______________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $_______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $______ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Breakaway Solutions Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $[______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ _] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (IntraLinks Holdings, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [ 🌑 ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ 🌑 ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ 🌑 ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (PQ Group Holdings Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have has become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_______U.S.$______ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $__U.S.$____ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_U.S.$____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Atlas Air Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [●] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [●] a share under the Public Offering Price[, and that any Underwriter may allow, and such dealers may reallow, a concession, concession not in excess of $_____ [●] a share, to any Underwriter or to certain other dealers].

Appears in 1 contract

Samples: Underwriting Agreement (Costamare Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [·] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a [·] per share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a [·] per share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Intermolecular Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [●] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [●] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a [●] per share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Schrodinger, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share (the "PUBLIC OFFERING PRICE"”Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallowre-allow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Excel Trust, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $________U.S.$_____ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $_U.S.$_____ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $U.S.$_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Huntington Bancshares Inc/Md)

Terms of Public Offering. The Company is advised by you that ------------------------ the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Original Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $[______ ] a share (the "Concession") under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Itc Deltacom Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallowre-allow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Eyetech Pharmaceuticals Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Mattson Technology Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ - a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ - a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ - a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Decode Genetics Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have 10 12 become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (American Superconductor Corp /De/)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Ancestry.com Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ $ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers. The Company is further advised by you that prior to the commencement of any Road Show undertaken in connection with the marketing of the offering of the Shares you reasonably expected that the Shares would be sold primarily in the United States.

Appears in 1 contract

Samples: Underwriting Agreement (Shopify Inc.)

Terms of Public Offering. The Company is Sellers have been advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers have been further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE"public offering price) and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Pricepublic offering price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Be Aerospace Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $__________US$___ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $__US$____ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $__US$___ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Sandisk Corp)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $________ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $________ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Homestore Com Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Cubist Pharmaceuticals Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_______ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Sandisk Corp)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $[______ _] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ _] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Illuminet Holdings Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $[______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (GAIN Capital Holdings, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Enzon Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Agile Software Corp)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [•] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [•] a share under the Public Offering Price, and that any Underwriter may allow, allow and such dealers may reallow, a concession, not in excess of $_____ [•] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Cavium Networks, Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $_______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_______ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Midway Airlines Corp)

Terms of Public Offering. The Company is advised by you that the ------------------------ Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $___________ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $___________ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (MMC Networks Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $_______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_______ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Nii Holdings Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICE") and to certain dealers selected by you at a price that represents a concession not in excess of $_____________ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____________ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Brocade Communications Systems Inc)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ [ ] a share Share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share Share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a shareShare, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Pivotal Software, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a per share (the "PUBLIC OFFERING PRICEPublic Offering Price") plus accumulated dividends, if any, to the Closing Date and to certain dealers selected by you at a price that represents a concession not in excess of $________ a per share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_________ a per share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Equity Office Properties Trust)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $$ _____________ a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $$ ______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Mastec Inc)

Terms of Public Offering. The Company is Selling Shareholders are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Selling Shareholders are further advised by you that the Shares are to be offered to the public initially at $_____________ a share (the "PUBLIC OFFERING PRICEPublic Offering Price") and to certain dealers selected by you at a price that represents a concession not in excess of $______ a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (CDW Computer Centers Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ a [ ] per share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, [and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers].

Appears in 1 contract

Samples: Underwriting Agreement (Univision Holdings, Inc.)

Terms of Public Offering. The Company Selling Stockholder is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company Selling Stockholder is further advised by you that the Shares are to be offered to the public initially at $_____________ [•] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [•] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [•] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (AXA Equitable Holdings, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $[_____________ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $[______ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $[_____ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Pluralsight, Inc.)

Terms of Public Offering. The Company is advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the Shares are to be offered to the public initially at $_____________ [·] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [·] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [•] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Shutterstock, Inc.)

Terms of Public Offering. The Company is Sellers are advised by you that the Underwriters propose to make a public offering of their respective portions of the Shares as soon after the Registration Statement and this Agreement have become effective as in your judgment is advisable. The Company is Sellers are further advised by you that the Shares are to be offered to the public initially at $_____________ $ [ ] a share (the "PUBLIC OFFERING PRICE"“Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $______ [ ] a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $_____ [ ] a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (James River Coal CO)

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