Common use of The Firm Shares Clause in Contracts

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 Firm Shares and (ii) each Selling Stockholder agrees to sell to the several Underwriters the number of Firm Shares set forth opposite its name on Schedule B, for an aggregate of 8,503,347 Firm Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Stockholders the Firm Shares set forth opposite their names on Schedule A at a purchase price of $4.1360 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Abraxas Petroleum Corp)

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The Firm Shares. Upon The Company and the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 Firm Shares and (ii) each Selling Stockholder agrees agree, severally and not jointly, to sell to the several Underwriters the number of Firm Shares upon the terms herein set forth opposite its name on Schedule B, for an aggregate of 8,503,347 Firm Sharesforth. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders the Stockholder that number of Firm Shares, which number of Firm Shares is set forth opposite their names on the name of such Underwriter in Schedule A at a I hereto. The purchase price of per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholder shall be $4.1360 10.716 per share.

Appears in 1 contract

Samples: Underwriting Agreement (DG FastChannel, Inc)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 869,565 Firm Shares and (ii) each the Selling Stockholder agrees Stockholders agree to sell to the several Underwriters an aggregate of 2,117,814 Firm Shares, each Selling Stockholder selling up to the number of Firm Shares set forth opposite its such Selling Stockholder’s name on Schedule B, for an aggregate of 8,503,347 Firm Shares. B. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders up to the respective number of Firm Shares set forth opposite their names on Schedule A at a A. The purchase price of per Firm Common Share to be paid by the several Underwriters to the Company shall be $4.1360 30.64 per share.

Appears in 1 contract

Samples: Underwriting Agreement (MWI Veterinary Supply, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 1,000,000 Firm Shares and (ii) each the Selling Stockholder agrees Stockholders agree, severally and not jointly, to sell to the several Underwriters an aggregate of 3,000,000 Firm Shares, with each Selling Stockholder selling the number of Firm Shares set forth opposite its such Selling Stockholder’s name on Schedule B, for an aggregate of 8,503,347 Firm Shares. B. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A at a A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $4.1360 18.29 per share.

Appears in 1 contract

Samples: Underwriting Agreement (LHC Group, Inc)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 5,000,000 Firm Shares and (ii) each the Selling Stockholder agrees to sell to the several Underwriters the number of Firm Shares set forth opposite its name on Schedule B, for an aggregate of 8,503,347 4,350,000 Firm Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders Stockholder the respective number of Firm Shares set forth opposite their names on Schedule A at a A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholder shall be $4.1360 33.273125 per share.

Appears in 1 contract

Samples: Underwriting Agreement (QTS Realty Trust, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 9,375,000 Firm Shares and (ii) each the Selling Stockholder agrees Stockholders agree, severally and not jointly, to sell to the several Underwriters an aggregate of 3,125,000 Firm Shares, with each Selling Stockholder selling the number of Firm Shares set forth opposite its such Selling Stockholder’s name on Schedule B, for an aggregate of 8,503,347 Firm Shares. B. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A at a A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $4.1360 11.40 per share.

Appears in 1 contract

Samples: Underwriting Agreement (BioScrip, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 3,000,000 Firm Shares and (ii) each the Selling Stockholder agrees Shareholders agree to sell to the several Underwriters an aggregate of 1,000,000 Firm Shares, with each Selling Shareholder selling the number of Firm Shares set forth opposite its such Selling Shareholder’s name on Schedule B, for an aggregate of 8,503,347 Firm Shares. B. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders Shareholders the respective number of Firm Shares set forth opposite their names on Schedule A at a A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company and the Selling Shareholders shall be $4.1360 7.05 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Xenon Pharmaceuticals Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 7,000,000, Firm Shares and (ii) each the Selling Stockholder agrees Stockholders severally agree to sell to the several Underwriters an aggregate of 3,576,623 Firm Shares, with each Selling Stockholder selling the number of Firm Shares set forth opposite its such Selling Stockholder’s name on Schedule B, for an aggregate of 8,503,347 Firm SharesB hereto. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders Stockholders, the respective number of Firm Shares set forth opposite their names on Schedule A at a A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $4.1360 21.60 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 6,096,112 Firm Shares Shares, and (ii) each the Selling Stockholder agrees to sell to the several Underwriters the number of Firm Shares set forth opposite its name on Schedule B, for an aggregate of 8,503,347 1,304,348 Firm Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders Stockholder the respective aggregate number of Firm Shares set forth opposite their names on Schedule A at a A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholder shall be $4.1360 13.395 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Pacific Biosciences of California, Inc.)

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The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 3,000,000 Primary Firm Shares and (ii) each the Selling Stockholder agrees to sell to the several Underwriters the number of Firm Shares set forth opposite its name on Schedule B, for underwriters an aggregate of 8,503,347 Firm 1,000,000 Secondary Offered Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders Stockholder the respective number of Firm Shares set forth opposite their names on Schedule A at a A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholder shall be $4.1360 18.80 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Evolus, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 7,250,000 Firm Shares and (ii) each the Selling Stockholder agrees to sell to the several Underwriters the number of Firm Shares set forth opposite its name on Schedule B, for an aggregate of 8,503,347 750,000 Firm Shares. , as set forth on Schedule B. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders Stockholder the respective number of Firm Shares set forth opposite their names on Schedule A at a A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholder shall be $4.1360 31.4325 per share.

Appears in 1 contract

Samples: Underwriting Agreement (AdaptHealth Corp.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 4,250,000 Firm Shares and (ii) each the Selling Stockholder agrees Stockholders, severally and not jointly, agree to sell to the several Underwriters an aggregate of 1,250,000 Firm Shares, with each Selling Stockholder selling the number of Firm Shares set forth opposite its such Selling Stockholder’s name on Schedule B, for an aggregate of 8,503,347 Firm Shares. B. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A at a A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $4.1360 9.165 per share.

Appears in 1 contract

Samples: Underwriting Agreement (OptiNose, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 12,000,000 18,750,000 Firm Shares and (ii) each the Selling Stockholder agrees Stockholders agree to sell to the several Underwriters an aggregate of 3,750,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite its such Selling Stockholder’s name on Schedule B, for an aggregate of 8,503,347 Firm Shares. B. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each Underwriter agreesthe Underwriters agree, severally and not jointly, to purchase from the Company and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A at a A. The purchase price of per Firm Share to be paid by the several Underwriters to the Company shall be $4.1360 15.8525 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Western Refining, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters Underwriter an aggregate of 12,000,000 2,000,000 Firm Shares and (ii) each of the Selling Stockholder Stockholders severally agrees to sell to the several Underwriters Underwriter an aggregate of 15,129,710 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite its such Selling Stockholder’s name on Schedule B, for an aggregate of 8,503,347 Firm Shares. A. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, each the Underwriter agrees, severally and not jointly, agrees to purchase from the Company and the Selling Stockholders the number of Firm Shares set forth opposite their names on Schedule A at a in the preceding sentence. The purchase price of per Firm Share to be paid by the Underwriter to the Company and the Selling Stockholders shall be $4.1360 3.984 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Synagro Technologies Inc)

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