The Headings. The headings to the various sections of the Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed to modify, define, limit or expand the intent of the parties as expressed in this Agreement.
The Headings. The division of this Agreement into Articles, Sections and Subsections and the insertion of headings is for reference only and does not affect the construction or interpretation of this Agreement. References herein to Articles and Sections are to Articles and Sections of this Agreement.
The Headings. The titles, headings or captions and paragraphs in this Agreement are for convenience only and do not define, limit, extend, explain or describe the scope or extent of this Agreement or any of its terms or conditions and therefore shall not be considered in the interpretation, construction or application of this Agreement.
The Headings. The Article and Section headings herein and the Table of Contents are for convenience only and shall not affect the construction hereof.
The Headings. The headings appearing in this Agreement are inserted for convenience of reference only and shall not form a part hereof.
The Headings. 62 11.10 No Agreement Until Executed ................................................ 62 11.11 Obligations of Parent and of the Company ................................... 62 Exhibits Exhibit A Affiliate Letter Exhibit B Registration Rights Agreement Exhibit C Stockholders Agreement (iii) 5 Company Disclosure Schedule Section Title ------- -----
The Headings. The headings contained in this Agreement are for ------------ reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
The Headings the Headings stated in this contract shall not form an integral part of the contract, and they shall not be taken into account when interpreting the provisions of the contract or their content.
The Headings. The Article and Section headings herein and ------------ the Table of Contents are for convenience only and shall not affect the construction hereof. If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Company and the Selling Stockholder a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement between the Underwriters, the Company and the Selling Stockholder in accordance with its terms. Very truly yours, UTSTARCOM, INC. By: ------------------------------------------ Name: Hong Xxxxx Xx Title: President and Chief Executive Officer SOFTBANK AMERICA INC. By: --------------------------------------------- Name: Title: 38 CONFIRMED AND ACCEPTED, as of the date first above written: XXXXXXX XXXXX & CO. XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED CREDIT SUISSE FIRST BOSTON CORPORATION XXXXXXX XXXXX BARNEY INC. BANC OF AMERICA SECURITIES LLC U.S. BANCORP XXXXX XXXXXXX INC. HSBC SECURITIES (USA) INC. By: XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED By: --------------------------------------- Authorized Signatory For themselves and as Representatives of the other Underwriters named in Schedule A hereto. SCHEDULE A Number of Initial Name of Underwriter Securities ------------------- ---------- Securities Xxxxxxx Xxxxx, Xxxxxx Xxxxxx & Xxxxx Incorporated ...... Credit Suisse First Boston Corporation ............................ Xxxxxxx Xxxxx Barney Inc. ......................................... Banc of America Securities LLC .................................... U.S. Bancorp Xxxxx Xxxxxxx Inc. ................................... HSBC Securities (USA) Inc. ........................................ ---------- Total .................................................... 10,000,000 ========== Sch A-1 SCHEDULE B Number of Maximum Initial Number of Securities to be Option Securities Sold to Be Sold ---------------- ----------------- Selling Stockholder: SCHEDULE C UTSTARCOM, INC. 10,000,000 Shares of Common Stock (Par Value $.00125 Per Share)
The Headings. In This Agreement Are Solely For The Convenience Of Reference And shall be given no effect in the construction or interpretation of this Agreement.
