Common Contracts

40 similar Underwriting Agreement contracts by Wave2Wave Communications, Inc., BioAmber Inc., Penn National Gaming Inc, others

CERTAIN IDENTIFIED INFORMATION, MARKED BY “[***]”, HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.
Underwriting Agreement • March 6th, 2024 • BridgeBio Pharma, Inc. • Pharmaceutical preparations

BridgeBio Pharma, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 8,620,690 shares (the “Firm Securities”) of Common Stock, par value $0.001 per share (“Stock”) of the Company and, at the election of the Underwriters, up to 1,293,103 additional shares (the “Optional Securities”) of Stock (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”).

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Everest Re Group, Ltd. Common Shares Underwriting Agreement
Underwriting Agreement • May 19th, 2023 • Everest Re Group LTD • Fire, marine & casualty insurance

Everest Re Group, Ltd., a Bermuda exempted company (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 3,600,000 common shares, par value $0.01 per share (“Common Shares”), of the Company (such number of Common Shares, the “Firm Securities”) and, at the election of the Underwriters, up to 540,000 additional Common Shares (the “Optional Securities”). The Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”).

Tractor Supply Company $750,000,000 5.250% Senior Notes Due 2033 Underwriting Agreement
Underwriting Agreement • May 5th, 2023 • Tractor Supply Co /De/ • Retail-building materials, hardware, garden supply

Tractor Supply Company, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of $750,000,000 principal amount of the 5.250% senior notes due 2033 (the “Securities”).

Justworks, Inc. Class A Common Stock Underwriting Agreement
Underwriting Agreement • January 4th, 2022 • Justworks, Inc. • Services-prepackaged software • New York

Justworks, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [l] shares and, at the election of the Underwriters, up to [l] additional shares of Class A Common Stock, par value $0.0005 per share (“Class A Common Stock”) of the Company. The aggregate of [l] shares of Class A Common Stock to be sold by the Company is herein called the “Firm Shares” and the aggregate of [l] additional shares of Class A Common Stock to be sold by the Company is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.

PAR Technology Corporation
Underwriting Agreement • September 17th, 2021 • Par Technology Corp • Calculating & accounting machines (no electronic computers) • New York

PAR Technology Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) $235,000,000 principal amount of its 1.5% Convertible Senior Notes due 2027 (the “Firm Securities”) and, at the election of the Underwriters, up to an additional $30,000,000 principal amount of its 1.5% Convertible Senior Notes due 2027 (the “Optional Securities” and, together with the Firm Securities, the “Securities”) to be issued pursuant to the provisions of a base indenture to be dated as of September 17, 2021, as supplemented by the first supplemental indenture to such base indenture (collectively, the “Indenture”) between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”). The Securities will be convertible into cash, and duly and validly issued, fully paid and non-assessable shares of common stock

Dole plc Ordinary Shares Underwriting Agreement
Underwriting Agreement • July 28th, 2021 • Dole PLC • Agricultural production-crops • New York

Dole plc, an Irish public limited company (“New Dole” or the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ● ] ordinary shares (the “Firm Shares”), par value $0.01 (the “Ordinary Shares”) and, at the election of the Underwriters, up to [ ● ] additional Ordinary Shares of the Company (the “Optional Shares”). The Firm Shares and the Optional Shares that the Underwriters elect to subscribe for and purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.

Membership Collective Group Inc. [ ] Class A Common Stock, par value $0.01 per share Underwriting Agreement
Underwriting Agreement • July 6th, 2021 • Membership Collective Group Inc. • Hotels & motels • New York

Membership Collective Group Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), an aggregate of [ ] shares of its Class A common stock, par value $0.01 per share (the “Firm Shares”) and, at the election of the Underwriters, up to [ ] additional shares of its Class A common stock (the “Optional Shares”). The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof, are herein collectively called the “Shares”. The shares of Class A common stock of the Company to be outstanding after giving effect to the sale of the Shares and any Community Offer Shares (as defined below) are referred to herein as the “Class A Common Shares”.

monday.com Ltd. Ordinary Shares Underwriting Agreement
Underwriting Agreement • June 1st, 2021 • monday.com Ltd. • Services-prepackaged software

monday.com Ltd., a company organized under the laws of the State of Israel (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [●] ordinary shares, of no par value per share, of the Company (the “Firm Shares”) and, at the election of the Underwriters, up to [●] additional ordinary shares, no par value per share, of the Company (the “Optional Shares”). The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section ‎2 hereof being collectively called the “Shares”.

Underwriting Agreement
Underwriting Agreement • March 22nd, 2021 • Gain Therapeutics, Inc. • Pharmaceutical preparations • New York

Gain Therapeutics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as the representatives (the “Representatives”), an aggregate of 3,636,364 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 545,454 additional shares (the “Optional Shares”) of common stock, $0.0001 par value per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).

Ozon Holdings PLC Ordinary Shares, in the form of American Depositary Shares Underwriting Agreement
Underwriting Agreement • November 17th, 2020 • Ozon Holdings PLC • Retail-catalog & mail-order houses • New York

Ozon Holdings PLC, a company incorporated under the laws of the Republic of Cyprus (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of ordinary shares (the “Firm Shares”) to be delivered in the form of American Depositary Shares, each representing one of the Company’s ordinary shares, nominal value $0.001 per share (the “Firm ADSs”), and, at the election of the Underwriters, up to additional ordinary shares (the “Optional Shares” and, together with the Firm Shares, the “Shares”) to be delivered in the form of ADSs (the “Optional ADSs”). The Firm ADSs and the Optional ADSs that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “ADSs.”

Caliber Home Loans, Inc. [●]% Series A Mandatory Convertible Preferred Stock Underwriting Agreement
Underwriting Agreement • October 21st, 2020 • Caliber Home Loans, Inc. • Finance services
Underwriting Agreement
Underwriting Agreement • September 29th, 2020 • Penn National Gaming Inc • Hotels & motels • New York

Penn National Gaming, Inc., a Pennsylvania corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 14,000,000 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 2,100,000 additional shares (the “Optional Securities”) of common stock, par value $0.01 per share (“Stock”) of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”).

Underwriting Agreement
Underwriting Agreement • May 14th, 2020 • Penn National Gaming Inc • Hotels & motels • New York

BofA Securities, Inc., As representatives (the “Representatives” or “you”) of the several Underwriters named in Schedule I hereto,

SunPower Corporation 22,000,000 Shares of Common Stock, $0.001 Par Value per Share Underwriting Agreement
Underwriting Agreement • November 25th, 2019 • Sunpower Corp • Semiconductors & related devices • New York

SunPower Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 22,000,000 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 3,300,000 additional shares (the “Optional Securities”) of common stock, par value $0.001 per share (“Stock”), of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”).

Adaptive Biotechnologies Corporation Common Stock Underwriting Agreement
Underwriting Agreement • June 17th, 2019 • Adaptive Biotechnologies Corp • Biological products, (no disgnostic substances) • New York

Adaptive Biotechnologies Corporation, a Washington corporation (the “Company”), proposes, subject to the terms and conditions stated in this underwriting agreement (this “Agreement”), to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), for whom Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC and BofA Securities, Inc. are acting as representatives (the “Representatives”), an aggregate of [●] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [●] additional shares (the “Optional Shares”) of the common stock, par value $0.0001 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).

Aqua America, Inc. 32,495,667 Shares Common Stock, Par Value $0.50 Per Share Underwriting Agreement
Underwriting Agreement • April 23rd, 2019 • Aqua America Inc • Water supply • New York

Aqua America, Inc., a Pennsylvania corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 32,495,667 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 4,874,350 additional shares (the “Optional Securities”) of common stock, par value $0.50 per share, of the Company (“Stock”) (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”, and the offer and sale of the Securities hereunder being called the “Equity Offering”).

Common Stock, Par Value $0.0001 per Share Underwriting Agreement
Underwriting Agreement • November 16th, 2018 • Beyond Meat, Inc. • Food and kindred products • New York

Beyond Meat, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ l ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ l ] additional shares (the “Optional Shares”) of common stock (“Stock”) of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).

Form of Elanco Animal Health Incorporated Common Stock Underwriting Agreement
Underwriting Agreement • September 6th, 2018 • Elanco Animal Health Inc • Pharmaceutical preparations • New York

Elanco Animal Health Incorporated, an Indiana corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [·] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [·] additional shares (the “Optional Shares”) of common stock, no par value (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).

Radcom Ltd. Ordinary Shares, par value NIS 0.20 per share Underwriting Agreement
Underwriting Agreement • October 19th, 2017 • Radcom LTD • Computer peripheral equipment, nec • New York

Radcom Ltd., a company organized under the laws of the State of Israel (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom William Blair & Company, L.L.C. is acting as representative (the “Representative” or “you”) an aggregate of 1,444,814 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 216,722 additional shares (the “Optional Securities”) of Ordinary Shares, par value NIS 0.20 per share (“Stock”), of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Securities”).

Catalent, Inc. Common Stock, par value $0.01 per share Underwriting Agreement
Underwriting Agreement • September 29th, 2017 • Catalent, Inc. • Pharmaceutical preparations • New York

The offering of the Shares is being conducted in connection with the transactions contemplated by the Interest Purchase Agreement, dated September 18, 2017 (the “Acquisition Agreement”), by and among Catalent Pharma Solutions, Inc., a Delaware corporation and an indirect wholly owned subsidiary of the Company (the “Buyer”), Cook Pharmica LLC, an Indiana limited liability company (“Cook Pharmica”), Cook Group Incorporated, an Indiana corporation (the “Seller”) and, solely for purposes of Section 7.19 of the Acquisition Agreement, the Company, pursuant to which the Buyer will acquire 100% of the outstanding equity interests of Cook Pharmica (the “Acquisition”). The transactions contemplated in this Agreement and the Acquisition Agreement are collectively referred to herein as the “Transactions.”

Beacon Roofing Supply, Inc. 6,325,000 Shares of Common Stock Underwriting Agreement
Underwriting Agreement • September 25th, 2017 • Beacon Roofing Supply Inc • Wholesale-lumber & other construction materials • New York

The Company has entered into a Stock Purchase Agreement, dated as of August 24, 2017, as amended and supplemented from time to time (including all exhibits, schedules and attachments thereto, the “Acquisition Agreement”), among the Company, Oldcastle, Inc., a Delaware corporation (“Allied Parent”), and Oldcastle Distribution, Inc., a Delaware corporation (“Allied Seller”), pursuant to which the Company will acquire 100% of the outstanding capital stock of Allied Building Products Corp., a New Jersey corporation (“Allied”), and Kapalama Kilgos Acquisition Corp., a Delaware corporation (“Kilauea” and, together with Allied and its and their respective subsidiaries, being hereinafter called the “Acquired Company”), after the offering of the Shares hereunder.

Underwriting Agreement
Underwriting Agreement • August 11th, 2017 • BioAmber Inc. • Industrial organic chemicals • New York

BioAmber Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters signatory hereto and named in Schedule I hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 14,666,667 combinations each consisting of one share (the “Firm Shares”) of Common Stock, par value $0.01 per share (“Stock”), of the Company and one warrant to purchase one share of Common Stock as set forth in the Prospectus (as defined herein) (the “Firm Warrants”). The Firm Shares and the Option Shares (as defined herein) that that the Underwriters elect to purchase pursuant to Section 2 hereof are also sometimes collectively referred to as the “Shares” and the Firm Warrants and the Option Warrants (as defined herein) are also sometimes collectively referred to herein as the “Warrants”. The Shares and the Warrants are sometimes referred to as the “Securities”. To the extent there a

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Radcom Ltd. Ordinary Shares, par value NIS 0.20 per share Underwriting Agreement
Underwriting Agreement • May 20th, 2016 • Radcom LTD • Computer peripheral equipment, nec • New York

Radcom Ltd., a company organized under the laws of the State of Israel (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom William Blair & Company, L.L.C. is acting as representative (the “Representative” or “you”) an aggregate of 1,818,182 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 272,727 additional shares (the “Optional Securities”) of Ordinary Shares, par value NIS 0.20 per share (“Stock”), of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Securities”).

Underwriting Agreement
Underwriting Agreement • November 13th, 2014 • STORE CAPITAL Corp • Real estate investment trusts • New York

STORE Capital Corporation, a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (collectively, the “Underwriters,” and, individually, an “Underwriter”), for whom you are acting as representatives (in such capacity, the “Representatives”), an aggregate of [# of firm shares] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [# of shoe shares] additional shares (the “Optional Shares”) of Common Stock, $0.01 par value per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).

GTT COMMUNICATIONS, INC. Common Stock, par value $0.0001 per share Underwriting Agreement
Underwriting Agreement • May 23rd, 2014 • GTT Communications, Inc. • Telephone communications (no radiotelephone) • New York

GTT Communications, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom William Blair & Company, L.L.C. is acting as representative (the “Representative” or “you”) an aggregate of 3,000,000 shares and, at the election of the Underwriters, up to 450,000 additional shares of common stock, par value $0.0001 per share (“Stock”), of the Company The aggregate of 3,000,000 shares to be sold by the Company is herein called the “Firm Securities” and the aggregate of 450,000 shares to be sold by the Company at the election of the Underwriters is herein called the “Option Securities.” The Firm Securities and the Option Securities that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Securities.”

Underwriting Agreement
Underwriting Agreement • May 5th, 2014 • TrueCar, Inc. • Services-computer programming, data processing, etc. • New York

TrueCar, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, an aggregate of [·] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [·] additional shares (the “Optional Shares”) of common stock, par value $0.0001 (“Stock”) of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).

SciQuest, Inc. Common Stock Underwriting Agreement
Underwriting Agreement • March 27th, 2014 • Sciquest Inc • Services-prepackaged software • New York
Apparel Holding Corp. Common Stock, par value $0.01 per share Underwriting Agreement
Underwriting Agreement • October 10th, 2013 • Apparel Holding Corp. • Retail-apparel & accessory stores • New York

Apparel Holding Corp. (to be renamed Vince Holding Corp. prior to the consummation of the offering contemplated herein), a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares and, at the election of the Underwriters, up to [ ] additional shares of common stock, par value $0.01 per share (“Common Stock”) of the Company. The [ ] shares to be sold by the Company are herein called the “Firm Shares” and the [ ] additional shares to be sold by the Company are herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section (2) hereof are herein collectively called the “Shares”.

BioAmber Inc. 8,000,000 Units Each Unit Consisting of One Share of Common Stock, par value $0.01 per Share and One Warrant to Purchase Half of One Share of Common Stock Underwriting Agreement
Underwriting Agreement • May 9th, 2013 • BioAmber Inc. • Industrial organic chemicals • New York

BioAmber Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 8,000,000 units (the “Firm Units”), each Firm Unit consisting of (i) one share of Common Stock, par value $0.01 per share (“Stock”), of the Company (the “Firm Shares”) and (ii) one warrant to purchase half of one share of Stock (the “Firm Warrants”). The Company has granted the Underwriters the option to purchase an aggregate of up to 1,200,000 units (the “Optional Units”), each Optional Unit consisting of (i) one share of Stock (the “Optional Shares”) and (ii) one warrant to purchase half of one share of Stock (the “Optional Warrants”). The Firm Units and the Optional Units that that the Underwriters elect to purchase pursuant to Section 2 hereof are collectively referred to as the “Units”.

MRC Global Inc. Common Stock, Par Value $0.01 per Share Underwriting Agreement
Underwriting Agreement • March 6th, 2012 • MRC Global Inc. • Wholesale-industrial machinery & equipment • New York

MRC Global Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [—] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [—] additional shares (the “Optional Shares”) of common stock, par value $0.01 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares which the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”).

Underwriting Agreement
Underwriting Agreement • November 10th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New York

As representative of the Underwriters named in Schedule I hereto, c/o Rodman & Renshaw, LLC 1251 Avenue of the Americas, 20th Floor New York, New York 10020

Underwriting Agreement
Underwriting Agreement • October 22nd, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New York

As representative of the Underwriters named in Schedule I hereto, c/o Rodman & Renshaw, LLC 1251 Avenue of the Americas, 20th Floor New York, New York 10020

PRIMO WATER CORPORATION Common Stock Form of Underwriting Agreement
Underwriting Agreement • August 11th, 2010 • Primo Water Corp • Wholesale-groceries, general line • New York

Wells Fargo Securities, LLC Stifel, Nicolaus & Company, Incorporated As Representatives of the Underwriters named in Schedule I hereto,

Underwriting Agreement
Underwriting Agreement • April 19th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New York

As representative of the Underwriters named in Schedule I hereto, c/o Rodman & Renshaw, LLC 1251 Avenue of the Americas, 20th Floor New York, New York 10020

Underwriting Agreement
Underwriting Agreement • April 5th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New York

As representative of the Underwriters named in Schedule I hereto, c/o Rodman & Renshaw, LLC 1251 Avenue of the Americas, 20th Floor New York, New York 10020

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