4,500,000 Shares of Common Stock HEELYS, INC. UNDERWRITING AGREEMENT June [ ], 2007Underwriting Agreement • June 27th, 2007 • Heelys, Inc. • Footwear, (no rubber) • New York
Contract Type FiledJune 27th, 2007 Company Industry JurisdictionThe stockholders of Heelys, Inc., a corporation organized and existing under the laws of Delaware (the "Company"), listed on Schedule I hereto (the "Selling Stockholders"), severally and not jointly, propose, subject to the terms and conditions stated herein, to sell to the several underwriters named in Schedule I hereto (the "Underwriters") an aggregate of 4,500,000 shares (the "Firm Shares") of the Company's common stock, par value $0.001 per share (the "Common Stock"). For the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, the Selling Stockholders also propose, subject to the terms and conditions stated herein, to sell to the Underwriters up to an additional 675,000 shares of Common Stock (the "Additional Shares"). The Firm Shares and any Additional Shares purchased by the Underwriters are referred to herein as the "Shares." Bear, Stearns & Co. Inc. ("Bear Stearns"), Wachovia Capital Markets, LLC ("Wachovia
6,250,000 Shares of Common Stock HEELYS, INC. UNDERWRITING AGREEMENT December [ ], 2006Underwriting Agreement • December 6th, 2006 • Heelys, Inc. • Footwear, (no rubber) • New York
Contract Type FiledDecember 6th, 2006 Company Industry JurisdictionHeelys, Inc., a corporation organized and existing under the laws of Delaware (the "Company"), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule I hereto (the "Underwriters") an aggregate of 3,125,000 shares (the "Company Shares") of its common stock, par value $0.001 per share (the "Common Stock"). The stockholders of the Company listed on Schedule I hereto (the "Selling Stockholders"), severally and not jointly, propose to sell to the Underwriters an aggregate of 3,125,000 shares of Common Stock (the "Selling Stockholders' Shares" and, together with the Company Shares, the "Firm Shares"). For the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, the Selling Stockholders also propose to sell to the Underwriters up to an additional 937,500 shares of Common Stock (the "Additional Shares"). The Firm Shares and any Additional Shares purchased
FORM OF UNDERWRITING AGREEMENT 4,590,258 shares of Common Stock REDDY ICE HOLDINGS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • May 16th, 2006 • Reddy Ice Holdings Inc • Miscellaneous food preparations & kindred products • New York
Contract Type FiledMay 16th, 2006 Company Industry JurisdictionLEHMAN BROTHERS INC. As Representatives of the several Underwriters named in Schedule I attached hereto (the “Representatives”)
7,000,000 Shares of Common Stock NEW YORK & COMPANY, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • January 27th, 2006 • New York & Company, Inc. • Retail-women's clothing stores • New York
Contract Type FiledJanuary 27th, 2006 Company Industry JurisdictionNew York & Company, Inc., a corporation organized and existing under the laws of Delaware (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 130,000 shares (the “Company Shares”) of its common stock, par value $0.001 per share (the “Common Stock”). The stockholders of the Company listed on Schedule I hereto (the “Selling Stockholders”) severally and not jointly propose to sell to the Underwriters an aggregate of 6,870,000 shares of Common Stock (the “Selling Stockholders’ Shares” and, together with the Company Shares, the “Firm Shares”). For the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, the Selling Stockholders also propose to sell to the Underwriters up to 1,050,000 additional shares of Common Stock (the “Additional Shares”). The Firm Shares and any Additional Shares pu
FORM OF UNDERWRITING AGREEMENT 10,200,000 Shares of Common Stock REDDY ICE HOLDINGS, INC. UNDERWRITING AGREEMENT August [ ], 2005Underwriting Agreement • August 4th, 2005 • Reddy Ice Holdings Inc • Miscellaneous food preparations & kindred products • New York
Contract Type FiledAugust 4th, 2005 Company Industry JurisdictionBEAR, STEARNS & CO. INC. LEHMAN BROTHERS INC. CREDIT SUISSE FIRST BOSTON LLC As Representatives of the several Underwriters named in Schedule I attached hereto (the "Representatives") c/o Bear, Stearns & Co. Inc. 383 Madison Avenue New York, New York 10179
Form of Underwriting Agreement]Underwriting Agreement • March 15th, 2005 • Diana Shipping Inc. • Deep sea foreign transportation of freight • New York
Contract Type FiledMarch 15th, 2005 Company Industry JurisdictionDiana Shipping Inc., a corporation validly existing under the laws of the Republic of the Marshall Islands (formerly, Diana Shipping Investment Corp.) (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares (the “Firm Shares”) of its common stock, par value $.01 per share (the “Common Stock”). For the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, Zoe S. Company Ltd., a stockholder of the Company organized and existing under the laws of The Bahamas (the “Selling Stockholder”), proposes to sell to the Underwriters up to [ ] additional shares of Common Stock (the “Additional Shares”). The Firm Shares and any Additional Shares purchased by the Underwriters are referred to herein as the “Shares”. The Shares are more fully described in the Registration Statement and Prospect
11,500,000 Shares of Common Stock NEW YORK & COMPANY, INC. UNDERWRITING AGREEMENT [ ], 2004Underwriting Agreement • October 1st, 2004 • New York & Company, Inc. • Retail-women's clothing stores • New York
Contract Type FiledOctober 1st, 2004 Company Industry JurisdictionBEAR, STEARNS & CO. INC. J.P. MORGAN SECURITIES INC. BANC OF AMERICA SECURITIES LLC WACHOVIA CAPITAL MARKETS, LLC PIPER JAFFRAY & CO. As Representatives of the several Underwriters named in Schedule I attached hereto (the "Representatives") c/o Bear, Stearns & Co. Inc. 383 Madison Avenue New York, New York 10179
2,000,000 Shares of Common Stock COVENANT TRANSPORT, INC. UNDERWRITING AGREEMENT November 6, 2003Underwriting Agreement • November 6th, 2003 • Covenant Transport Inc • Trucking (no local) • New York
Contract Type FiledNovember 6th, 2003 Company Industry JurisdictionBEAR, STEARNS & CO. INC. as Representative of the several Underwriters named in Schedule I attached hereto c/o Bear, Stearns & Co. Inc. 383 Madison Avenue New York, New York 10179
9,000,000 Shares of Common Stock ALLIANCE DATA SYSTEMS CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • April 16th, 2003 • Alliance Data Systems Corp • Services-business services, nec • New York
Contract Type FiledApril 16th, 2003 Company Industry Jurisdictiondelivers to the Underwriters a lock-up agreement in the form hereof dated the date hereof to indicate such agreement]]. As used herein "Relevant Security" means the Common Stock, any other equity security of the Company or any of its subsidiaries and any security convertible into, or exercisable or exchangeable for, any Common Stock or other such equity security.
25,000,000 Shares of Common Stock, $0.01 Par Value METRO-GOLDWYN-MAYER INC. UNDERWRITING AGREEMENT January , 2003Underwriting Agreement • January 21st, 2003 • Metro-Goldwyn-Mayer Inc • Services-motion picture & video tape production • New York
Contract Type FiledJanuary 21st, 2003 Company Industry JurisdictionThe stockholder of Metro-Goldwyn-Mayer Inc., a corporation organized and existing under the laws of Delaware (the “Company”), listed on Schedule I hereto (the “Selling Stockholder”) proposes, subject to the terms and conditions stated herein, to issue and sell to Bear, Stearns & Co. Inc. (the “Underwriter”) an aggregate of 25,000,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”). For the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriter, the Selling Stockholder also proposes to issue and sell to the Underwriter up to an additional shares of Common Stock (the “Additional Shares”). The Firm Shares and Additional Shares purchased by the Underwriter are referred to herein as the “Shares”. The Shares are more fully described in the Registration Statement and Prospectus referred to below. The Underwriter is acting as the sole underwriter in connection with the of
8,250,000 Shares of Common Stock MOVIE GALLERY, INC. UNDERWRITING AGREEMENT May 15, 2002Underwriting Agreement • May 22nd, 2002 • Movie Gallery Inc • Services-video tape rental • New York
Contract Type FiledMay 22nd, 2002 Company Industry JurisdictionBEAR, STEARNS & CO. INC. THOMAS WEISEL PARTNERS LLC as Representatives of the several Underwriters named in Schedule I attached hereto c/o Bear, Stearns & Co. Inc. 383 Madison Avenue New York, New York 10179 and Thomas Weisel Partners LLC One Montgomery Street, Suite 3700 San Francisco, California 94104