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 36 contracts

Samples: Underwriting Agreement (Tintri, Inc.), Underwriting Agreement (Tenable Holdings, Inc.), Underwriting Agreement (Instructure Inc)

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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 30 contracts

Samples: Underwriting Agreement, Underwriting Agreement (Sailpoint Technologies Holdings, Inc.), Underwriting Agreement (Snap 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 7 contracts

Samples: Underwriting Agreement (Bonanza Creek Energy, Inc.), Underwriting Agreement (Rightnow Technologies Inc), Underwriting Agreement (Cache 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 (NightHawk Radiology Holdings Inc), Underwriting Agreement (NightHawk Radiology 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 2 contracts

Samples: Underwriting Agreement (Commonwealth Industries Inc/De/), Underwriting Agreement (Airvana 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 (Compellent Technologies Inc), Underwriting Agreement (Conseco Inc)

Terms of Public Offering. The Company is advised by you that the Underwriters propose Underwriter proposes 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 brokers and dealers.

Appears in 2 contracts

Samples: Underwriting Agreement (Allied Capital Corp), Underwriting Agreement (Allied Capital 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 2 contracts

Samples: Underwriting Agreement (EnerSys), Underwriting Agreement (Precision Castparts Corp)

Terms of Public Offering. The Company is advised by you the Managers 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 Managers’ judgment is advisable. The Company is further advised by you the Managers that the Shares are to be offered to the public initially at $ a per share (the “Public Offering Price”) and to certain dealers selected by you the Managers 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: Underwriting Agreement (California Water Service Group)

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 (Mead Johnson Nutrition 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, 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 (Vicuron Pharmaceuticals Inc)

Terms of Public Offering. The You advise 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 You further advise 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 (Montpelier Re Holdings LTD)

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 Seller 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 (Spectrian Corp /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 $ $___ 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 (Foundation Coal 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 (Jazz 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 $[ ] per share (the 1 This amount plus the amount in the form of lockup for OPM should not exceed 2%. “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 (Oasis Petroleum 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”) 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: Underwriting Agreement (Rc2 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 and 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 (Progress Rail Services, 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 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 (Corcept Therapeutics Inc)

Terms of Public Offering. The Company is advised by you the Underwriters 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 the Underwriters’ judgment is advisable. The Company is further advised by you the Underwriters that the Shares are to be offered to the public initially at $ a per share (the “Public Offering Price”) and to certain dealers selected by you the Underwriters at a price that represents a concession not in excess of $ a per share under the Public Offering Price, and that any Underwriter the Underwriters may allow, and such dealers may reallow, reallow a concession, not in excess of $ a per share, to any Underwriter the Underwriters or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Supertel Hospitality 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”) 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 (GFI Software S.A.)

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 (Employers 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 (Dresser-Rand Group 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 (Dresser-Rand Group Inc.)

Terms of Public Offering. The Company Seller 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 Seller 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 (Extend Health 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 (Hubspot Inc)

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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 per 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 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 shareper Share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Yandex N.V.)

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 (Silver Spring Networks 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 $ $27.02 a share (the “Public Offering Price”) and to certain dealers selected by you at a price that represents a concession not in excess of $ $1.05 a share under the Public Offering Price, and that any no Underwriter may allow, and no such dealers may reallow, a concession, not in excess of $ a share, concession to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Momenta 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 (Guidance 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 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, 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 (Salesforce 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 no Underwriter may will allow, and such dealers may no dealer will reallow, a concession, not in excess of $ a share, any concession to any Underwriter other Underwriters or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Digital Insight 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 1 contract

Samples: Underwriting Agreement (Rhino Resources, Inc.)

Terms of Public Offering. The Company Each Seller 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 has become effective as in your judgment is advisable. The Company Each Seller is further advised by you that the Shares are to be offered to the public initially at $ $52.625 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 $ $1.45 a share under the Public Offering Price, and that any Underwriter may allow, and such dealers may reallow, a concession, not in excess of $ $0.00 a share, to any Underwriter or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Cal Dive 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. The Public Offering Price is not higher than the price recommended by the QIU.

Appears in 1 contract

Samples: Underwriting Agreement (MSCI 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 (Cardiovascular 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 1 contract

Samples: Underwriting Agreement (Affymax 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 . No Underwriter may allow, and such dealers no dealer may reallow, a concession, not in excess of $ a share, concession to any Underwriter other underwriters or to certain other dealers.

Appears in 1 contract

Samples: Underwriting Agreement (Altavista 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 . No Underwriter may allow, and such dealers no dealer may reallow, a concession, not in excess of $ a share, concession to any Underwriter or to certain other dealersdealer.

Appears in 1 contract

Samples: Underwriting Agreement (Ibeam Broadcasting 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 per share (the “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 (KAYAK 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, 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 (Tower Automotive 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 (Artistdirect Inc)

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