The Offered Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 286,000 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, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of shares set forth opposite their names on Schedule A. The purchase price per Offered Share to be paid by the several Underwriters to the Company shall be $12.67 per share.
The Offered Shares. The Offered Shares to be issued and sold by the Company hereunder have been duly authorized by the Company and, when issued and delivered and paid for as provided herein, will be duly and validly issued, will be fully paid and nonassessable and will conform in all material respects to the descriptions thereof in the section titled “Description of Capital Stock” of the Registration Statement, the Pricing Disclosure Package and the Prospectus; and the issuance of the Offered Shares to be sold by the Company hereunder are not subject to any preemptive or similar rights that have not been duly waived or satisfied.
The Offered Shares. Upon the terms herein set forth, (i) the Selling Stockholders agree to sell to the Underwriter, severally and not jointly, an aggregate of 5,000,000 Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriter agrees to purchase from and the Selling Stockholders the respective number of Shares set forth opposite its name on Schedule A. The purchase price per Share to be paid by the Underwriter to the Selling Stockholders shall be $42.26 per share.
The Offered Shares. When issued in accordance with this Agreement and pursuant to the effective Prospectuses, and upon Prospectus Receipt of payment for the Offered Shares, the Offered Shares will have been duly and validly created and issued as fully paid and non-assessable shares in the capital of the Company.
The Offered Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters the 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, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $ per share.
The Offered Shares. Upon the terms herein set forth, the Company agrees to issue and sell to the Underwriter the 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, the Underwriter agrees to purchase from the Company the Firm Shares. The purchase price per Firm Share to be paid by the Underwriter to the Company shall be $20.4725 per share.
The Offered Shares. Upon the terms herein set forth, the Selling Stockholders agree to sell to the several Underwriters an aggregate of 4,750,000 Offered Shares, with each Selling Stockholder selling the number of Offered Shares set forth opposite such Selling Stockholder’s name on Schedule A. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Selling Stockholders the respective number of Offered Shares set forth opposite their names on Schedule B. The purchase price per Offered Share to be paid by the several Underwriters to the Selling Stockholders shall be $9.625 per share.
The Offered Shares. Upon the terms herein set forth, the Selling Stockholders agree to sell to the Underwriter an aggregate of 3,589,963 Offered Shares, with each Selling Stockholder selling the number of Offered Shares set forth opposite such Selling Stockholder’s name on Schedule A. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriter agrees to purchase from the Selling Stockholders the Offered Shares. The purchase price per Offered Share to be paid by the Underwriter to the Selling Stockholders shall be $78.25 per share (without any additional underwriting discount, commission, reimbursement or payments to or on behalf of Xxxxxxxxx LLC by the Selling Stockholders).
The Offered Shares. The Selling Stockholders agree to sell to the Underwriter the Offered Shares upon the terms herein set forth. On the basis of the representations, warranties, and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriter agrees to purchase from the Selling Stockholders the respective number of Offered Shares set forth opposite their names on Schedule A attached hereto. The purchase price per Offered Share to be paid by the Underwriter to the Selling Stockholders shall be $13.095 per share.
The Offered Shares. 3.1 The Offered Shares will be issued and registered as directed by the Agent in such name or names as the Agent shall instruct the Issuer in writing not less than two Business Days prior to the Closing Time.
3.2 The Issuer will pay all fees and expenses payable to or incurred by its registrar and transfer agent in connection with the preparation, delivery, certification and issuance of the Offered Shares.
