Purchase of the Shares by the Underwriters Contract Clauses (410)
Grouped Into 1 Collection of Similar Clauses From Business Contracts
This page contains Purchase of the Shares by the Underwriters clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Purchase of the Shares by the Underwriters. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Company agrees to sell 2,500,000 Shares to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Shares set forth opposite that Underwriter's name in Schedule I hereto, provided that to the extent any Underwriter sells fewer Shares and therefore determines to purchase fewer Shares, such amount shall be reduc...ed on a pro rata basis based on the number of Shares actually purchased. The Underwriters shall notify the Company of the number of Shares they intend to purchase at the Delivery Date on the business day preceding the Delivery Date, provided that such notification shall not be binding upon the Underwriters. The respective purchase obligations of the Underwriters with respect to the Shares shall be rounded among the Underwriters to avoid fractional shares, as the Representative may determine. The price of the Shares purchased by the Underwriters shall be $3.68 per share. The Company shall not be obligated to deliver any of the Shares to be delivered on the Delivery Date, except upon payment for all Shares to be purchased on the Delivery Date as provided herein. This is strictly a "best efforts" offering. It is understood between the parties that there is no firm commitment by the Underwriters to purchase any or all of the Shares. It is also understood and agreed that the Underwriters shall not and are under no obligation to purchase any 21 Shares for their own account and that this Agreement does not create any partnership, joint venture, or other similar relationship between or among the Underwriters and the Company.View More
Purchase of the Shares by the Underwriters. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Company agrees to sell 2,500,000 1,449,275 Shares to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Shares set forth opposite that Underwriter's name in Schedule I hereto, provided that to the extent any Underwriter sells fewer Shares and therefore determines to purchase fewer Shares, such amount shal...l be reduced on a pro rata basis based on the number of Shares actually purchased. The Underwriters shall notify the Company of the number of Shares they intend to purchase at the Delivery Date on the business day preceding the Delivery Date, provided that such notification shall not be binding upon the Underwriters. The respective purchase obligations of the Underwriters with respect to the Shares shall be rounded among the Underwriters to avoid fractional shares, as the Representative may determine. The price of the Shares purchased by the Underwriters shall be $3.68 $3.174 per share. The price of the Shares shall not be in excess of the price recommended by the QIU. In addition, the Representative shall receive a management fee of one percent (1%) of the total gross proceeds from the Offering. The Company shall not be obligated to deliver any of the Shares to be delivered on the Delivery Date, except upon payment for all Shares to be purchased on the Delivery Date as provided herein. This is strictly a "best efforts" offering. It is understood between the parties that there is no firm commitment by the Underwriters to purchase any or all of the Shares. It is also understood and agreed that the Underwriters shall not and are under no obligation to purchase any 21 Shares for their own account and that this Agreement does not create any partnership, joint venture, or other similar relationship between or among the Underwriters and the Company. View More
Purchase of the Shares by the Underwriters. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Company agrees to sell 2,500,000 4,666,667 Shares to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Shares set forth opposite that Underwriter's name in Schedule I hereto, hereto; provided that to the extent any Underwriter sells fewer Shares and therefore determines to purchase fewer Shares, such amo...unt shall be reduced on a pro rata basis based on the number of Shares actually purchased. The Underwriters shall notify the Company of the number of Shares they intend to purchase at the Delivery Date on the business day preceding the Delivery Date, provided that such notification shall not be binding upon the Underwriters. The respective purchase obligations of the Underwriters with respect to the Shares shall be rounded among the Underwriters to avoid fractional shares, as the Representative may determine. The price of the Shares purchased by the Underwriters shall be $3.68 $0.69 per share. share for 3,170,667 shares and $0.72 per share for 1,496,000 shares. The Company shall not be obligated to deliver any of the Shares to be delivered on the Delivery Date, except upon payment for all such Shares to be purchased on the Delivery Date as provided herein. 21 This is strictly a "best efforts" offering. It is understood between the parties that there is no firm commitment by the Underwriters to purchase any or all of the Shares. It is also understood and agreed that the Underwriters shall not and are under no obligation to purchase any 21 Shares for their own account and that this Agreement does not create any partnership, joint venture, or other similar relationship between or among the Underwriters and the Company. View More
