Agreement to Act as Underwriters Contract Clauses (7)

Grouped Into 1 Collection of Similar Clauses From Business Contracts

This page contains Agreement to Act as Underwriters clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Agreement to Act as Underwriters. (a) On the basis of the representations, warranties and agreements of the Company herein contained and subject to all of the terms and conditions of this Agreement, the Company agrees to issue and sell to the public through the Underwriters, acting as agents, and the Underwriters agree to offer and sell the Securities for the Company on a best efforts basis pursuant to this Agreement (the "Offering"). (b) Subject to the provisions of this Agreement, as compensation for the services rendered, on ...the Closing (as defined below in Section 4(a) hereof), the Underwriters shall receive an aggregate amount up to 7.0% of the gross proceeds received by the Company for the sale of the Securities. The Underwriters shall allocate such fees as they mutually agree and such allocation shall be provided to the Company at or prior to the Closing. The Underwriters agree that the foregoing compensation, together with any expense reimbursements payable hereunder, constitutes all of the compensation that the Underwriters shall be entitled to receive in connection with the Offering (as defined below) contemplated hereby. (c) The Securities will be issued pursuant to the Articles of Amendment to the charter relating to the 10.75% Series C Cumulative Preferred Stock, as filed with the Secretary of State of the State of Tennessee on September 28, 2012. (d) The purchase price for each of the Securities shall be $22.90 per share (the "Per Share Price") and the Securities shall each have a liquidation value of $25.00 per share. The Offering shall commence on the date hereof and shall expire upon the earlier to occur of (i) February 15, 2013, or (ii) termination in accordance with Section 9 below. (e) Subject to the provisions of this Agreement and the performance by the Company of all of its obligations to be performed hereunder, the Underwriters agree to offer and sell the Securities for the Company on a best efforts basis. The Company recognizes that "best efforts" does not assure that the Offering will be consummated. View More Arrow
Found in MILLER ENERGY RESOURCES, INC. contract
Agreement to Act as Underwriters. (a) On the basis of the representations, warranties and agreements of the Company herein contained and subject to all of the terms and conditions of this Agreement, the The Company agrees to issue and sell to the public through the Underwriters, Underwriters acting as agents, and each Underwriter, on the Underwriters agree basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agrees to offer and sell the Securities L-Bonds for th...e Company on a best efforts basis pursuant to this Agreement (the "Offering"). Agreement. (b) Subject to the provisions of this Agreement, as As compensation for the services rendered, on the Closing Date (as defined below in Section 4(a) hereof), the Underwriters shall receive an aggregate amount up equal to 7.0% 6.50% of the gross proceeds received by the Company for the sale of the Securities. L-Bonds. The Underwriters shall allocate such fees as they mutually agree agree, and such allocation shall be provided to the Company at or prior to the Closing. Closing Date. The Underwriters agree that the foregoing compensation, together with any expense reimbursements payable hereunder, constitutes all of the compensation that the Underwriters shall be entitled to receive in connection with the Offering (as defined below) offering contemplated hereby. 2 (c) The Securities will be issued pursuant to the Articles of Amendment to the charter relating to the 10.75% Series C Cumulative Preferred Stock, as filed with the Secretary of State of the State of Tennessee on September 28, 2012. (d) The purchase price for each of the Securities whole Unit shall be $22.90 $1,000 per share unit (the "Per Share Price") and the Securities shall each have a liquidation value of $25.00 per share. Unit Price"). The Offering offering shall commence on the date hereof and shall expire upon the earlier to occur of (i) February 15, 2013, [-], 2015, or (ii) termination in accordance with Section 9 10 below. (e) (d) Subject to the provisions of this Agreement and the performance by each of the Company and Guarantor of all of its obligations to be performed hereunder, the Underwriters agree to offer and sell the Securities L-Bonds for the Company on a best efforts basis. The Company recognizes that "best efforts" does not assure that the Offering offering will be consummated. consummated or that the full amount of proceeds will be raised. View More Arrow
Found in GWG LIFE, LLC contract
Agreement to Act as Underwriters. (a) On the basis of the representations, warranties and agreements of the Company herein contained and subject to all of the terms and conditions of this Agreement, the Company agrees to issue and sell to the public through the Underwriters, acting as agents, and the Underwriters agree to offer and sell the Securities for the Company on a best efforts basis pursuant to this Agreement (the "Offering"). (b) Subject to the provisions of this Agreement, as compensation for the services rendered, on ...the Closing (as defined below in Section 4(a) hereof), the Underwriters shall receive an aggregate amount up equal to 7.0% of the gross proceeds received by the Company for the sale of the Securities. The Underwriters shall allocate such fees compensation as they mutually agree and such allocation shall be provided to the Company at or prior to the Closing. The Underwriters agree that the foregoing compensation, together with any expense reimbursements payable hereunder, constitutes all of the compensation that the Underwriters shall be entitled to receive in connection with the Offering (as defined below) contemplated hereby. Offering. (c) The Securities Preferred Stock will be issued pursuant to the Articles a Certificate of Amendment Designations (the "Certificate of Designations") to the charter relating to Company's Third Amended and Restated Certificate of Incorporation (the "charter"), which sets forth the 10.75% Series C Cumulative designations, rights, number of shares and preferences of the Preferred Stock, as to be filed with the Secretary of State of the State of Tennessee Delaware on September 28, 2012. or about December 12, 2013. (d) The purchase price for each of the Securities shall be $22.90 $23.00 per share (the "Per Share Price") Price"), and the Securities each fractional share of Preferred Stock represented by a Security shall each have a liquidation value of $25.00 per share. Depositary Share. The Offering shall commence on the date hereof and shall expire upon the earlier to occur of (i) February 15, 2013, December 20, 2013 (the "End Date"), or (ii) termination in accordance with Section 9 below. (e) Subject to the provisions of this Agreement and the performance by the Company of all of its obligations to be performed hereunder, the Underwriters agree to offer and sell the Securities for the Company on a best efforts basis. The Company recognizes that "best efforts" does not assure that the Offering will be consummated. View More Arrow
Found in Global Geophysical Services Inc contract
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