6,000,000 Shares HEADWATERS INCORPORATED COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • February 24th, 2005 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
Contract Type FiledFebruary 24th, 2005 Company Industry JurisdictionHeadwaters Incorporated, a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) 6,000,000 shares of its common stock, par value $0.001 per share (the “Firm Shares”). Morgan Stanley & Co. Incorporated shall act as representative (the “Representative”) of the several Underwriters.
FORM OF UNDERWRITING AGREEMENT FOR SHARESUnderwriting Agreement • November 2nd, 2004 • Jetblue Airways Corp • Air transportation, scheduled • New York
Contract Type FiledNovember 2nd, 2004 Company Industry Jurisdiction[NAMES OF REPRESENTATIVES] for themselves and as Representatives for the Underwriters named in Schedule I, hereto (the “Representatives”)
4,800,000 Shares VICURON PHARMACEUTICALS INC. COMMON STOCK, $0.001 PAR VALUE PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • October 1st, 2004 • Vicuron Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledOctober 1st, 2004 Company Industry JurisdictionVICURON PHARMACEUTICALS INC., a Delaware corporation (the “Company”), proposes to issue and sell to MORGAN STANLEY & CO. INCORPORATED (the “Underwriter”) 4,800,000 shares of its common stock, $0.001 par value per share (the “Firm Shares”). The Company also proposes to issue and sell to you not more than an additional 720,000 shares of its common stock, $0.001 par value per share (the “Additional Shares”), if and to the extent that you shall have determined to exercise the right to purchase such shares of common stock granted to you in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of common stock, $0.001 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.”
6,000,000 Shares INSPIRE PHARMACEUTICALS, INC. COMMON STOCK, $0.001 PAR VALUE PER SHARE UNDERWRITING AGREEMENT July 26, 2004Underwriting Agreement • July 27th, 2004 • Inspire Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledJuly 27th, 2004 Company Industry JurisdictionINSPIRE PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) 6,000,000 shares of its common stock, $0.001 par value per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 900,000 shares of its common stock, $0.001 par value per share (the “Additional Shares”), if and to the extent that you, as managers of the offering, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of common stock, $0.001 par value per share of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.”
5,000,000 Shares ALEXION PHARMACEUTICALS, INC. COMMON STOCK, PAR VALUE $0.0001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • July 21st, 2004 • Alexion Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledJuly 21st, 2004 Company Industry JurisdictionAlexion Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) 5,000,000 shares of its Common Stock, par value $0.0001 per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 500,000 shares of its Common Stock, par value $0.0001 per share (the “Additional Shares”), if and to the extent that you, as Managers of the offering, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of Common Stock, par value $0.0001 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.”
6,000,000 Shares JOURNAL COMMUNICATIONS, INC. CLASS A COMMON STOCK, PAR VALUE $0.01 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • April 29th, 2004 • Journal Communications Inc • Newspapers: publishing or publishing & printing • New York
Contract Type FiledApril 29th, 2004 Company Industry Jurisdiction
FORM OF UNDERWRITING AGREEMENT FOR SHARESUnderwriting Agreement • March 2nd, 2004 • Jetblue Airways Corp • Air transportation, scheduled • New York
Contract Type FiledMarch 2nd, 2004 Company Industry Jurisdiction[NAMES OF REPRESENTATIVES] for themselves and as Representatives for the Underwriters named in Schedule I, hereto (the “Representatives”)
7,000,000 Shares LTX CORPORATION COMMON STOCK, PAR VALUE $0.05 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • February 13th, 2004 • LTX Corp • Instruments for meas & testing of electricity & elec signals • New York
Contract Type FiledFebruary 13th, 2004 Company Industry JurisdictionLTX Corporation, a Massachusetts corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) 7,000,000 shares of its Common Stock, par value $0.05 per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 1,050,000 shares of its Common Stock, par value $0.05 per share (the “Additional Shares”), if and to the extent that you, as Managers of the offering, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of Common Stock, par value $0.05 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.”
SHARES STAKTEK HOLDINGS, INC. COMMON STOCK (PAR VALUE $0.001 PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • January 20th, 2004 • Staktek Holdings Inc • Semiconductors & related devices • New York
Contract Type FiledJanuary 20th, 2004 Company Industry JurisdictionStaktek Holdings, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) shares of its common stock, par value $0.001 per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional shares of its common stock, par value $0.001 per share (the “Additional Shares”), if and to the extent that you, as Managers of the offering, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of common stock, par value $0.001 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.”
ATHEROS COMMUNICATIONS, INC. COMMON STOCK ($0.0005 Par Value) UNDERWRITING AGREEMENTUnderwriting Agreement • January 16th, 2004 • Atheros Communications Inc • Semiconductors & related devices • New York
Contract Type FiledJanuary 16th, 2004 Company Industry Jurisdiction
6,000,000 Shares MONSTER WORLDWIDE, INC. COMMON STOCK, $.001 PAR VALUE UNDERWRITING AGREEMENTUnderwriting Agreement • November 17th, 2003 • Monster Worldwide Inc • Services-advertising agencies • New York
Contract Type FiledNovember 17th, 2003 Company Industry JurisdictionMonster Worldwide, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 6,000,000 shares of the common stock (par value $.001 per share) of the Company (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 900,000 shares of the common stock (par value $.001 per share) of the Company (the “Additional Shares”) if and to the extent that you, as manager of the offering (the “Manager”), shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares”. The shares of common stock (par value $.001 per share) of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as
ON SEMICONDUCTOR CORPORATION 34,800,000 SHARES OF COMMON STOCK ($0.01 PAR VALUE) UNDERWRITING AGREEMENTUnderwriting Agreement • September 18th, 2003 • On Semiconductor Corp • Semiconductors & related devices • New York
Contract Type FiledSeptember 18th, 2003 Company Industry Jurisdiction
UNDERWRITING AGREEMENTUnderwriting Agreement • August 15th, 2003 • Avalonbay Communities Inc • Real estate investment trusts • New York
Contract Type FiledAugust 15th, 2003 Company Industry JurisdictionAvalonBay Communities, Inc., a Maryland corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) 2,750,000 shares of its common stock, par value $0.01 per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 412,500 shares of its common stock, par value $0.01 per share (the “Additional Shares”) if and to the extent that you, as managers of the offering, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of common stock, par value $0.01 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.”
6,000,000 Shares VICURON PHARMACEUTICALS INC. COMMON STOCK, $0.001 PAR VALUE PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • July 18th, 2003 • Vicuron Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledJuly 18th, 2003 Company Industry JurisdictionVICURON PHARMACEUTICALS INC., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I attached hereto (the “Underwriters”) 6,000,000 shares of its common stock, $0.001 par value per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 900,000 shares of its Common Stock, $0.001 par value per share (the “Additional Shares”), if and to the extent that you, as managers of the offering, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of common stock, $0.001 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.”