Common use of Terms of Public Offering Clause in Contracts

Terms of Public Offering. The Company is advised by the Underwriters that the Underwriters propose to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the judgment of the Underwriters is advisable on the basis set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 11 contracts

Samples: Underwriting Agreement (Horton D R Inc /De/), Underwriting Agreement (Horton D R Inc /De/), Underwriting Agreement (Horton D R Inc /De/)

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Terms of Public Offering. The Company is advised by the Underwriters Underwriter that the Underwriters propose Underwriter proposes to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the judgment of the Underwriters Underwriter is advisable on the basis set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United StatesProspectus Supplement.

Appears in 8 contracts

Samples: Underwriting Agreement (Horton D R Inc /De/), Underwriting Agreement (Horton D R Inc /De/), Underwriting Agreement (Horton D R Inc /De/)

Terms of Public Offering. The Company is advised by the Underwriters Manager that the Underwriters propose to make a public offering of their respective portions of the Equity Securities as soon after the execution and delivery of this Agreement has been entered into and, if necessary, any post-effective amendment to the Registration Statement has become effective, as in the Manager's judgment is advisable. The terms of the Underwriters is advisable on public offering of the basis Equity Securities are set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 7 contracts

Samples: Underwriting Agreement (Apartment Investment & Management Co), Underwriting Agreement (Apartment Investment & Management Co), Underwriting Agreement (Apartment Investment & Management Co)

Terms of Public Offering. The Company is advised by the Underwriters you that the Underwriters propose intend to make a public offering of the Securities Shares as soon after the execution and delivery effectiveness of this Agreement as in the judgment of the Underwriters Representatives is advisable advisable, and initially to offer the Shares on the basis terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities Shares to or through any affiliate of an Underwriter for the purpose of and that any offers such affiliate may offer and sales of Securities outside the United Statessell Shares purchased by it to or through any Underwriter.

Appears in 6 contracts

Samples: Underwriting Agreement (Spirit Realty Capital, Inc.), Underwriting Agreement (Spirit Realty, L.P.), Underwriting Agreement (Spirit Realty, L.P.)

Terms of Public Offering. The Underwriters have advised the Company is advised by the Underwriters that the Underwriters propose (i) to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the Underwriters’ judgment of the Underwriters is advisable on and (ii) initially to offer the basis Securities upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of and that any offers such affiliate may offer and sales of sell Securities outside the United Statespurchased by it to or through any Underwriter.

Appears in 5 contracts

Samples: Underwriting Agreement (CalAtlantic Group, Inc.), Underwriting Agreement (Standard Pacific Corp /De/), Underwriting Agreement (Standard Pacific Corp /De/)

Terms of Public Offering. The Company is advised by the Underwriters that the Underwriters propose to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the judgment of the Underwriters is advisable on the basis set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United StatesProspectus Supplement.

Appears in 4 contracts

Samples: Underwriting Agreement (Horton D R Inc /De/), Underwriting Agreement (Horton D R Inc /De/), Underwriting Agreement (Horton D R Inc /De/)

Terms of Public Offering. The Underwriters have advised the Company is advised by the Underwriters that the Underwriters propose (i) to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the Underwriters’ judgment of the Underwriters is advisable on and (ii) initially to offer the basis Securities upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 3 contracts

Samples: Underwriting Agreement (Standard Pacific Corp /De/), Underwriting Agreement (Standard Pacific Corp /De/), Underwriting Agreement (Standard Pacific Corp /De/)

Terms of Public Offering. The Company is has been advised by the Underwriters that the Underwriters propose to make a public offering of their respective portions of the Securities Shares as soon after the execution and delivery of this Agreement has become effective as in the Underwriters' judgment of the Underwriters is advisable on and initially to offer the basis Shares upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 3 contracts

Samples: Underwriting Agreement (Equity Inns Inc), Underwriting Agreement (Equity Inns Inc), Underwriting Agreement (Equity Inns Inc)

Terms of Public Offering. The Company is advised by the Underwriters Underwriter that the Underwriters propose Underwriter proposes (i) to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the Underwriter's judgment of the Underwriters is advisable on and (ii) to offer the basis Securities at varying prices from time to time upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 3 contracts

Samples: Purchase Agreement (HRPT Properties Trust), Purchase Agreement (HRPT Properties Trust), Purchase Agreement (HRPT Properties Trust)

Terms of Public Offering. The Company is advised by the Underwriters Underwriter that the Underwriters propose Underwriter proposes (i) to make a public offering of the Securities as soon after the execution and delivery of this Agreement (and, if necessary, any post-effective amendment to the Registration Statement) as in the Underwriter's judgment of the Underwriters is advisable on and (ii) initially to offer the basis Securities upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 3 contracts

Samples: Purchase Agreement (Hospitality Properties Trust), Purchase Agreement (Hospitality Properties Trust), Underwriting Agreement (Hospitality Properties Trust)

Terms of Public Offering. The Company is advised by the Underwriters understands that the Underwriters propose intend to make a public offering of the Securities Shares as soon after the execution and delivery effectiveness of this Agreement as in it deems advisable, and initially to offer the judgment of the Underwriters is advisable Shares on the basis terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities Shares to or through any affiliate of an Underwriter for the purpose of and that any offers such affiliate may offer and sales of Securities outside the United Statessell Shares purchased by it to or through any Underwriter.

Appears in 3 contracts

Samples: Underwriting Agreement (Oasis Petroleum Inc.), Underwriting Agreement (Oasis Petroleum Inc.), Underwriting Agreement (Oasis Petroleum Inc.)

Terms of Public Offering. The Company is has been advised by the Underwriters that the Underwriters propose to make a public offering of their respective portions of the Securities Shares as soon after the execution and delivery of this Underwriting Agreement has become effective as in the Underwriters' judgment of the Underwriters is advisable on and initially to offer the basis Shares upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 2 contracts

Samples: Underwriting Agreement (Adelphia Communications Corp), Underwriting Agreement (Adelphia Communications Corp)

Terms of Public Offering. The Company is advised by the Underwriters you that the Underwriters propose to make a public offering of their respective portions of the Securities as soon after the execution Registration Statement and delivery of this Agreement have become effective as in your judgment is advisable. The Company is further advised by you that the judgment of the Underwriters is advisable Securities are to be initially offered on the basis terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 2 contracts

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

Terms of Public Offering. The Underwriter has advised the Company is advised by the Underwriters that the Underwriters propose Underwriter proposes (i) to make a public offering of the Securities Bonds as soon after the execution and delivery of this Agreement as is advisable in the judgment of the Underwriters is advisable on Underwriter, and (ii) initially to offer the basis Bonds upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 2 contracts

Samples: Underwriting Agreement (Eastern Enterprises), Underwriting Agreement (Midland Enterprises Inc /De/)

Terms of Public Offering. The Underwriters have advised the Company is advised by the Underwriters that the Underwriters propose (i) to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the Underwriters' judgment of the Underwriters is advisable on and (ii) initially to offer the basis Securities upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 2 contracts

Samples: Underwriting Agreement (Standard Pacific Corp /De/), Underwriting Agreement (Standard Pacific Corp /De/)

Terms of Public Offering. The Company is advised by the Underwriters that the Underwriters propose Underwriter proposes to make a public offering of the Securities Shares as soon after the execution and delivery of this Agreement has become effective as in your judgment is advisable. Upon the judgment authorization by the Selling Stockholders of the Underwriters is advisable on release of the basis Shares, the Underwriter proposes to offer the Shares for sale upon the terms and conditions set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to Prospectus as amended or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United Statessupplemented.

Appears in 2 contracts

Samples: Underwriting Agreement (Del Monte Foods Co), Underwriting Agreement (Del Monte Foods Co)

Terms of Public Offering. The Underwriters have advised the Company is advised by the Underwriters that the Underwriters propose intend to make a public offering of the Securities Shares as soon after the execution and delivery effectiveness of this Agreement as in the judgment of the Underwriters Representatives is advisable advisable, and initially to offer the Shares on the basis terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities Shares to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United StatesUnderwriter.

Appears in 1 contract

Samples: Underwriting Agreement (Standard Pacific Corp /De/)

Terms of Public Offering. The Company is advised by the Underwriters Underwriter that the Underwriters propose Underwriter intends to make a public offering of the Securities Shares as soon after the execution and delivery effectiveness of this Agreement as in the judgment of the Underwriters Underwriter is advisable advisable, and initially to offer the Shares on the basis terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters Underwriter may offer and sell Securities Shares to or through any affiliate of an the Underwriter for and that any such affiliate may offer and sell Shares purchased by it to or through the purpose of any offers and sales of Securities outside the United StatesUnderwriter.

Appears in 1 contract

Samples: Underwriting Agreement (Spirit Realty Capital, Inc.)

Terms of Public Offering. The Company is advised by the Underwriters Managers that the Underwriters propose to make a public offering of their respective portions of the Securities as soon after the execution Registration Statement and delivery of this Agreement have become effective as in the Managers’ judgment of is advisable. The Company is further advised by the Underwriters is advisable on Managers that the basis Securities are to be offered to the public upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 1 contract

Samples: Underwriting Agreement (International Flavors & Fragrances Inc)

Terms of Public Offering. The Company is advised by the Underwriters ------------------------ that the Underwriters propose to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the judgment of the Underwriters is advisable on the basis set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United StatesProspectus Supplement.

Appears in 1 contract

Samples: Underwriting Agreement (Horton D R Inc /De/)

Terms of Public Offering. The Underwriter hereby advises the Company is advised by the Underwriters that the Underwriters propose Underwriter intends to make a public offering of offer for sale to the Securities as soon after the execution and delivery of this Agreement as in the judgment of the Underwriters is advisable public, initially on the basis terms set forth in the Time of Sale Information Prospectus, the Shares as soon after this Agreement has been executed as the Underwriter, in its sole judgment, has determined is advisable and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United Statespracticable.

Appears in 1 contract

Samples: Underwriting Agreement (Finisar Corp)

Terms of Public Offering. The Company is advised by the Underwriters understands that the Underwriters propose Underwriter intends to make a public offering of the Securities Shares as soon after the execution and delivery effectiveness of this Agreement as in it deems advisable, and initially to offer the judgment of the Underwriters is advisable Shares on the basis terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters Underwriter may offer and sell Securities Shares to or through any affiliate of an the Underwriter for and that any such affiliate may offer and sell Shares purchased by it to or through the purpose of any offers and sales of Securities outside the United StatesUnderwriter.

Appears in 1 contract

Samples: Underwriting Agreement (Oasis Petroleum Inc.)

Terms of Public Offering. The Company is has been advised by the Underwriters Underwriter that the Underwriters propose Underwriter proposes to make a public offering of the Securities Shares as soon after the execution and delivery of this Underwriting Agreement has become effective as in the Underwriter's judgment of the Underwriters is advisable on and initially to offer the basis Shares upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 1 contract

Samples: Underwriting Agreement (Adelphia Communications Corp)

Terms of Public Offering. The Company is and the Seller are advised by the Underwriters that the Underwriters propose to make a public offering of the Securities Seller’s Shares as soon after the execution and delivery of this Agreement has become effective as in the judgment of the Underwriters is advisable Underwriters, and initially to offer the Shares on the basis terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees the Seller acknowledge and agree that the Underwriters may offer and sell Securities Shares to or through any affiliate of an Underwriter for the purpose of and that any offers such affiliate may offer and sales of Securities outside the United Statessell Shares purchased by it to or through any Underwriter.

Appears in 1 contract

Samples: Underwriting Agreement (Fabrinet)

Terms of Public Offering. The Underwriters have advised the Company is advised by the Underwriters that the Underwriters propose (i) to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the Representative’s judgment of the Underwriters is advisable on the basis set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.and

Appears in 1 contract

Samples: Underwriting Agreement (CalAtlantic Group, Inc.)

Terms of Public Offering. The Company is advised by the Underwriters that the Underwriters propose to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the judgment of the Underwriters is advisable on the basis set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 1 contract

Samples: Underwriting Agreement (Horton D R Inc /De/)

Terms of Public Offering. The Company is advised by the Underwriters you that the Underwriters propose intend to make a public offering of the Securities as soon after the execution and delivery effectiveness of this Agreement as in the judgment of the Underwriters Representatives is advisable advisable, and initially to offer the Securities on the basis terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of and that any offers such affiliate may offer and sales of sell Securities outside the United Statespurchased by it to or through any Underwriter.

Appears in 1 contract

Samples: Underwriting Agreement (Spirit Realty Capital, Inc.)

Terms of Public Offering. The Company is advised by the Underwriters that the Underwriters propose to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the judgment their respective portions of the Underwriters is advisable Shares on the basis terms set forth in the Time of Sale Information and Prospectus as soon after this Agreement has become effective as in the ProspectusUnderwriters’ judgment is advisable. The Company acknowledges and agrees that price of the Underwriters may offer and sell Securities Shares initially offered to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside public is referred to herein as the United States“Public Offering Price”.

Appears in 1 contract

Samples: Underwriting Agreement (Atlas Air Worldwide Holdings Inc)

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Terms of Public Offering. The Company is advised by the Underwriters Underwriter that the Underwriters propose Underwriter proposes to make a public offering of the Securities Shares as soon after the execution and delivery of this Agreement has become effective as in the Underwriter’s judgment of the Underwriters is advisable on the basis set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United Statesadvisable.

Appears in 1 contract

Samples: Underwriting Agreement (First Pactrust Bancorp Inc)

Terms of Public Offering. The Company is advised by the Underwriters understands that the Underwriters propose Underwriter proposes to make a offer the Shares for sale to the public offering of the Securities as soon after the execution and delivery of this Agreement has become effective as in the Underwriter’s judgment of is advisable, and initially to offer the Underwriters is advisable Shares on the basis terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters Underwriter may offer and sell Securities Shares to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United StatesUnderwriter.

Appears in 1 contract

Samples: Underwriting Agreement (NanoString Technologies Inc)

Terms of Public Offering. The Underwriter has advised the ------------------------ Company is advised by the Underwriters that the Underwriters propose Underwriter proposes (i) to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the Underwriter's judgment of the Underwriters is advisable on and (ii) initially to offer the basis Securities upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 1 contract

Samples: Underwriting Agreement (Standard Pacific Corp /De/)

Terms of Public Offering. The Company is advised by the Underwriters Underwriter that the Underwriters propose Underwriter proposes (i) to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the judgment of the Underwriters Underwriter is advisable on and (ii) initially to offer the basis Securities upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 1 contract

Samples: Underwriting Agreement (Pilgrims Pride Corp)

Terms of Public Offering. The Underwriter has advised the Company is advised by the Underwriters that the Underwriters propose Underwriter proposes (i) to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the Underwriter’s judgment of the Underwriters is advisable on and (ii) initially to offer the basis Securities upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters Underwriter may offer and sell Securities to or through any of its affiliates and that any such affiliate of an Underwriter for may offer and sell Securities purchased by it to or through the purpose of any offers and sales of Securities outside the United StatesUnderwriter.

Appears in 1 contract

Samples: Underwriting Agreement (CalAtlantic Group, Inc.)

Terms of Public Offering. The Company is and the Selling Stockholder are advised by the Underwriters Underwriter that the Underwriters propose Underwriter proposes to make a public offering of the Securities Shares as soon after the execution and delivery of this Agreement has become effective as in the Underwriter’s judgment of the Underwriters is advisable on the basis set forth in the Time of Sale Information and the Prospectusadvisable. The Company acknowledges and agrees the Selling Stockholder are further advised by the Underwriter that the Underwriters may offer and sell Securities Shares are to be offered to the public in transactions on the NYSE, in the over-the-counter market or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United Statesnegotiated transactions at market prices or at negotiated prices.

Appears in 1 contract

Samples: Underwriting Agreement (Genworth Financial Inc)

Terms of Public Offering. The Company is advised by the Underwriters you that the Underwriters propose to make a public offering of their respective portions of the Securities as soon after upon the execution terms and delivery of this Agreement as in the judgment of the Underwriters is advisable on the basis conditions set forth in the Time of Sale Information Prospectus and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell the Securities to or through any an affiliate of an Underwriter for and that any such affiliate may offer and sell the purpose of Securities purchased by it to or through any offers and sales of Securities outside the United StatesUnderwriter.

Appears in 1 contract

Samples: Underwriting Agreement (Equitable Holdings, Inc.)

Terms of Public Offering. The Company is advised by the Underwriters understands that the Underwriters propose Underwriter intends to make a public offering of the Securities as soon after the execution and delivery effectiveness of this Agreement as in it deems advisable, and initially to offer the judgment of the Underwriters is advisable Securities on the basis terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters Underwriter may offer and sell Securities to or through any affiliate of an the Underwriter for and that any such affiliate may offer and sell Securities purchased by it to or through the purpose of any offers and sales of Securities outside the United StatesUnderwriter.

Appears in 1 contract

Samples: Underwriting Agreement (Oasis Petroleum Inc.)

Terms of Public Offering. The Underwriters have advised the Company is advised by and the Underwriters Selling Stockholder that the Underwriters propose intend to make a public offering of the Securities Shares as soon after the execution and delivery effectiveness of this Agreement as in the judgment of the Underwriters Representatives is advisable advisable, and initially to offer the Shares on the basis terms set forth in the Time of Sale Information and the Prospectus. The Company Selling Stockholder acknowledges and agrees that the Underwriters may offer and sell Securities Shares to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United StatesUnderwriter.

Appears in 1 contract

Samples: Underwriting Agreement (Standard Pacific Corp /De/)

Terms of Public Offering. The Company is advised by the Underwriters you that the Underwriters propose Underwriter proposes to make a public offering of the Securities Shares as soon after the execution and delivery date of this Agreement as in your judgment is advisable. The underwriter has advised the judgment of Company that it expects to market and distribute the Underwriters is advisable on the basis set forth Shares in the Time same general manner and extent as is customary for a firm commitment underwritten securities offering of Sale Information similar size and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United Statesnature.

Appears in 1 contract

Samples: Underwriting Agreement (Viropharma Inc)

Terms of Public Offering. The Company is advised by the Underwriters ------------------------ Underwriter that the Underwriters propose Underwriter proposes to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the judgment of the Underwriters Underwriter is advisable on the basis set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United StatesProspectus Supplement.

Appears in 1 contract

Samples: Underwriting Agreement (Horton D R Inc /De/)

Terms of Public Offering. The Company is advised by the Underwriters Representatives that the Underwriters propose to make a public offering of their respective portions of the Underwriters’ Securities as soon after the execution and delivery of this Agreement has been entered into as in the judgment of the Underwriters Representatives is advisable on advisable. The terms of the basis public offering of the Underwriters’ Securities are set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 1 contract

Samples: Underwriting Agreement (Belo Corp)

Terms of Public Offering. The Company is advised by the Underwriters that the Underwriters propose to make a public offering of the Securities Shares as soon after the execution and delivery of this Agreement as as, in the judgment of the Underwriters Underwriters, is advisable on the basis set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United StatesProspectus Supplement.

Appears in 1 contract

Samples: Underwriting Agreement (Univision Communications Inc)

Terms of Public Offering. The Company is has been advised by the Underwriters that the Underwriters propose to make a public offering of their respective portions of the Securities Firm Shares as soon after the execution and delivery of this Underwriting Agreement has become effective as in the Underwriters' judgment of the Underwriters is advisable on and initially to offer the basis Firm Shares upon the terms set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 1 contract

Samples: Underwriting Agreement (Adelphia Communications Corp)

Terms of Public Offering. The Company is advised by the Underwriters Underwriter that the Underwriters propose Underwriter proposes to make a public offering of the Securities as soon after the execution and delivery of this Agreement as in the judgment of the Underwriters Underwriter is advisable on the basis set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United StatesProspectus Supplement.

Appears in 1 contract

Samples: Underwriting Agreement (Horton D R Inc /De/)

Terms of Public Offering. The Company is advised by the Underwriters Underwriter that the Underwriters propose Underwriter proposes (i) to make a public offering of the Securities as soon after the execution and delivery of this Agreement (and, if necessary, any post-effective amendment to the Registration Statement) as in the Underwriter's judgment of the Underwriters is advisable on and (ii) to offer the basis Securities at various prices from time to time as set forth in the Time of Sale Information and the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter for the purpose of any offers and sales of Securities outside the United States.

Appears in 1 contract

Samples: Purchase Agreement (Hospitality Properties Trust)

Terms of Public Offering. The Underwriters have advised the Company is advised by and the Underwriters Selling Stockholder that the Underwriters propose (i) to make a public offering of the Securities Shares as soon after the execution and delivery of this Agreement as in the Representatives’ judgment of the Underwriters is advisable on and (ii) initially to offer the basis Shares upon the terms set forth in the Time of Sale Information and the Prospectus. The Company Selling Stockholder acknowledges and agrees that the Underwriters may offer and sell Securities Shares to or through any of its affiliates and that any such affiliate of an Underwriter for may offer and sell Shares purchased by it to or through the purpose of any offers and sales of Securities outside the United StatesUnderwriters.

Appears in 1 contract

Samples: Underwriting Agreement (CalAtlantic Group, Inc.)

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