THE UNDERWRITTEN SECURITIES Sample Clauses

THE UNDERWRITTEN SECURITIES. The Depositor proposes to cause the Trustee to sell, pursuant to the Underwriting Agreement to the Underwriter or Underwriters named therein, asset backed certificates (the "Underwritten Securities") representing undivided ownership interests in a pool of mortgage loans (the "Mortgage Loans") and certain related property. The Underwritten Securities will be issued pursuant to a pooling and servicing agreement (the "Pooling and Servicing Agreement") dated as of November 30, 2001 among the Depositor, RAFC Transferor Trust, as transferor (the "Transferor"), Citibank, N.A., as trustee (the "Trustee"), First Union National Bank, as certificate administrator (the "Certificate Administrator") and custodian (the "Custodian"), and HomEq Servicing Corporation, as servicer (the "Servicer"). First Union National Bank in its capacity as Mortgage Loan Seller (the "Seller") will convey the Mortgage Loans to the Transferor pursuant to a loan purchase agreement, dated as of November 30, 2001 (the "Purchase Agreement"). The Transferor will then convey the Mortgage Loans to the Depositor pursuant to the Pooling and Servicing Agreement. The Mortgage Loans are to be serviced pursuant to the Pooling and Servicing Agreement. The Underwriter, the Depositor, First Union National Bank and the Servicer have entered into an Indemnification and Contribution Agreement, dated December 19, 2001 (the "Indemnification Agreement," and collectively with the Underwriting Agreement, the Pooling and Servicing Agreement, and the Purchase Agreement, the "Agreements").
Sample 1
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THE UNDERWRITTEN SECURITIES. Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 7,016,312 Underwritten Shares and 3,483,688 Pre-Funded Warrants. 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 Underwritten Securities set forth opposite their names on Schedule A. The purchase price per (i) Underwritten Share to be paid by the several Underwriters to the Company shall be $14.335 per share and (ii) Pre-Funded Warrant to be paid by the several Underwriters to the Company shall be $14.334 per share.
Sample 1

Related to THE UNDERWRITTEN SECURITIES

  • Underwritten Securities The several commitments of the Underwriters to purchase the Underwritten Securities pursuant to the applicable Terms Agreement shall be deemed to have been made on the basis of the representations, warranties and agreements herein contained and shall be subject to the terms and conditions herein set forth.

  • Offering by the Underwriters It is understood that the several Underwriters are to make a public offering of the Firm Shares as soon as the Representatives deem it advisable to do so. The Firm Shares are to be initially offered to the public at the initial public offering price set forth in the Prospectus. The Representatives may from time to time thereafter change the public offering price and other selling terms. To the extent, if at all, that any Option Shares are purchased pursuant to Section 2 hereof, the Underwriters will offer them to the public on the foregoing terms. It is further understood that you will act as the Representatives for the Underwriters in the offering and sale of the Shares in accordance with a Master Agreement Among Underwriters entered into by you and the several other Underwriters.

  • Sale and Delivery to the Underwriters Closing (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to sell to each Underwriter, and each Underwriter, severally and not jointly, agrees to purchase from the Company, the principal amount of Senior Notes set forth in Schedule I to this Agreement opposite the name of such Underwriter (plus any additional amount of Senior Notes that such Underwriter may become obligated to purchase pursuant to the provisions of Section 10 hereof), at a price equal to 96.85% of the principal amount thereof.

  • The Underwriting Agreement This Agreement has been duly authorized, executed and delivered by the Company.

  • Delivery to the Underwriters of Registration Statements The Company has delivered or made available or shall deliver or make available to the Representative and counsel for the Representative, without charge, signed copies of the Registration Statement as originally filed and each amendment thereto (including exhibits filed therewith) and signed copies of all consents and certificates of experts, and will also deliver to the Underwriters, without charge, a conformed copy of the Registration Statement as originally filed and each amendment thereto (without exhibits) for each of the Underwriters. The copies of the Registration Statement and each amendment thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to EXXXX, except to the extent permitted by Regulation S-T.

  • Delivery to the Underwriters of Prospectuses The Company has delivered or made available or will deliver or make available to each Underwriter, without charge, as many copies of each Preliminary Prospectus as such Underwriter reasonably requested, and the Company hereby consents to the use of such copies for purposes permitted by the Securities Act. The Company will furnish to each Underwriter, without charge, during the period when a prospectus relating to the Public Securities is (or, but for the exception afforded by Rule 172, would be) required to be delivered under the Securities Act, such number of copies of the Prospectus (as amended or supplemented) as such Underwriter may reasonably request. The Prospectus and any amendments or supplements thereto furnished to the Underwriters will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to EXXXX, except to the extent permitted by Regulation S-T.

  • Agreements of the Underwriters Each Underwriter, severally and not jointly, agrees with the Seller, the Company and NFI that upon the execution of this Agreement and authorization by each Underwriter of the release of the Offered Certificates, each Underwriter shall offer the Offered Certificates for sale upon the terms and conditions set forth herein in the amounts set forth in Annex A hereto.

  • Offering by the Underwriter It is understood that the Underwriter proposes to offer the Offered Certificates of the related Series for sale to the public as set forth in the related Prospectus.

  • Purchase of the Securities by the Underwriters (a) The Company agrees to issue and sell the Securities to the several Underwriters named in the Underwriting Agreement, and each Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agrees, severally and not jointly, to purchase from the Company the respective principal amount of Securities set forth opposite such Underwriter’s name in the Underwriting Agreement at the purchase price set forth in the Underwriting Agreement.

  • Offering by Initial Purchasers (a) Each Initial Purchaser acknowledges that the Securities have not been and will not be registered under the Act and may not be offered or sold within the United States or to, or for the account or benefit of, U.S. persons, except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Act.

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