Partial Unenforceability. The invalidity or unenforceability of any Section, paragraph or provision of this Agreement shall not affect the validity or enforceability of any other Section, paragraph or provision hereof. If any Section, paragraph or provision of this Agreement is for any reason determined to be invalid or unenforceable, there shall be deemed to be made such minor changes (and only such minor changes) as are necessary to make it valid and enforceable.
Partial Unenforceability. If any section, paragraph, clause or provision of this Agreement is for any reason determined to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other section, paragraph clause or provision hereof.
Partial Unenforceability. 25 SECTION 16.
Partial Unenforceability. The invalidity or unenforceability of any Section, paragraph or provision of this Agreement shall not affect the validity or enforceability of any other Section, paragraph or provision hereof. If any Section, paragraph or provision of this Agreement is for any reason determined to be invalid or unenforceable, there shall be deemed to be made such minor changes (and only such minor changes) as are necessary to make it valid and enforceable. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Company, the Adviser, the Administrator and the Underwriters. Very truly yours, By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Chairman and Chief Executive Officer By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Chief Executive Officer By: /s/ Xxxxxxx X. XxXxxxx Name: Xxxxxxx X. XxXxxxx Title: President The foregoing Agreement is hereby confirmed and accepted as of the date first-written above. By: /s/ Xxxx X. Xxxxxx Name: XX Xxxxxx Title: Managing Director For itself and as Representative of the Underwriters named in Exhibit A hereto Xxxxxxxxxxx & Co. Inc. $ 46,215,000 Xxxxxxx Sachs & Co. LLC $ 24,570,000 X. Xxxxx Securities, Inc. $ 21,645,000 Ladenburg Xxxxxxxx & Co. Inc. $ 21,645,000 Wedbush Securities Inc. $ 2,925,000 Total $ 117,000,000 Issuer: Gladstone Investment Corporation (the “Company”) Title of the Securities: 4.875% Notes due 2028 Rating:* BBB (Xxxx-Xxxxx) Initial Aggregate Principal Amount Being Offered: $117,000,000 Over-Allotment Option: Up to $17,550,000 aggregate principal amount of Notes within 30 days of the date hereof solely to cover over-allotments, if any. Issue Price: $25.00 Principal Payable at Maturity: 100% of the aggregate principal amount. The outstanding principal amount of the Notes will be payable on the stated maturity date at the office of the trustee, paying agent and security registrar for the Notes or at such other office as the Company may designate.
Partial Unenforceability. The invalidity or unenforceability of any section, paragraph, clause or provision of this Agreement shall not affect the validity or enforceability of any other section, paragraph, clause or provision. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner.
Partial Unenforceability. The invalidity or unenforceability of any section, paragraph or provision of this Agreement shall not affect the validity or enforceability of any other section, paragraph or provision hereof. If a section, paragraph or provision of this Agreement is for any reason determined to be invalid or unenforceable, there shall be deemed to be made such minor changes (and only such minor changes) as are necessary to make it valid and enforceable. [Signature Pages Follow.] If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Company a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement among the Underwriter, the Company and the Operating Partnerships in accordance with its terms. Very truly yours, By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Executive Vice President By: Lex GP-1 Trust, its General Partner By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Vice President By: Lex GP-1 Trust, its General Partner By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Vice President By: Lex GP-1 Trust, its General Partner By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Vice President as of the date first above written: By /s/ Xxxxx Xxxxxx
1. The number of common shares sold in the offering is 9,500,000 common shares.
2. Lexington Realty Trust granted the underwriter an option to purchase up to an additional 1,425,000 common shares to cover any over-allotments.
3. Lexington Realty Trust expects that the net proceeds from the sale of 9,500,000 common shares will be approximately $ 61.5 millioin, after deducting Lexington Realty Trust’s estimated offering expenses. If the underwriter exercises its over-allotment option in full, Lexington Realty Trust expects that the net proceeds will be approximately $70.7 million. The price per share paid by the underwriter to Lexington Realty Trust for any option shares will be equal to the purchase price per share paid by the underwriter for the 9,500,000 initial shares less the amount per share of any distributions or dividends declared or paid by Lexington Realty Trust on such initial shares. (Omitted from filing)
Partial Unenforceability. The invalidity or unenforceability of any section, paragraph, clause or provision of this Agreement shall not affect the validity or enforceability of any other section, paragraph, clause or provision hereof. If the foregoing is in accordance with your understanding of the agreement between the Company and the Placement Agent, kindly indicate your acceptance in the space provided for that purpose below. Very truly yours, XXXXXX & XXXXXX GROUP, INC. By:_/s/Xxxxxxx X. Jamison________ Name: Xxxxxxx X. Xxxxxxx Title: President Accepted as of the date first above written: THINKPANMURE, LLC By: _/s/Xxx Mitchell______ Name: Xxx Xxxxxxxx Title: Partner Schedule 2(p): Intellectual Property Schedule I: Information to be Conveyed Orally Schedule II: Subsidiaries Exhibit A: Form of Subscription Agreement Exhibit B: Form of Lock-Up Agreement Exhibit C: List of Directors and Executive Officers Executing Lock-Up Agreements Exhibit D: Form of Opinion of Counsel to the Company Exhibit E: Form of Letter of Counsel to the Company "Xxxxxx & Xxxxxx Group, Inc." is a registered service xxxx owned by the Company. Number of Shares to be Issued: 2,545,000 Offering Price Per Share: $6.15 Gross Proceeds: $15,651,750 Aggregate Placement Agency Fees: $939,105 ThinkPanmure, LLC 000 Xxxxxxxxxx Xxxxxx, 8th Floor San Francisco, California 94111 Ladies and Gentlemen: The undersigned understands that you, as Placement Agent, propose to enter into the Placement Agency Agreement (the “Placement Agreement”) with Xxxxxx & Xxxxxx Group, Inc., a New York corporation (the “Company”), providing for the offering (the “Offering”) of shares (the “Shares”) of common stock, $0.01 par value per share (the “Common Stock”), of the Company. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Placement Agreement. In consideration of the foregoing, and in order to induce you to participate in the Offering, and for other good and valuable consideration receipt of which is hereby acknowledged, the undersigned hereby agrees that, without your prior written consent (which consent may be withheld in your sole discretion), the undersigned will not, during the period (the “Lock-Up Period”) beginning on the date hereof and ending on the date 90 days after the date of the final prospectus (including the final prospectus supplement) to be used in confirming the sale of the Shares, (1) offer, pledge, announce the intention to sell, sell, contract to sell, sell any option or c...
Partial Unenforceability. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their reasonable best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.
Partial Unenforceability. 24 SECTION 15.
Partial Unenforceability. In the event that any provision hereof will be determined to be invalid or unenforceable in any respect, such determination will not affect such provision in any other respect or any other provision hereof, which will remain in full force and effect.
