Purchase, Delivery and Sale of the Shares. (a) The Company agrees to issue and sell to the several Underwriters the respective number of Firm Shares set forth opposite the name of such Underwriter in Schedule A hereto. On the basis of the representations, warranties and agreements of the Company herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A, subject to adjustment in accordance with Section 10 hereof. The purchase price per Share to be paid by the several Underwriters to the Company shall be U.S.$[ ] per share. Payment for the Firm Shares to be sold by the Company shall be made at the First Closing Date (and, in the case of the Option Shares, if applicable, at the Option Closing Date) by wire transfer of immediately available funds to the order of the Company.
Purchase, Delivery and Sale of the Shares. (a) Subject to the terms and conditions of this Agreement, and upon the basis of the representations, warranties and agreements, herein contained, the Company agrees to issue and sell to the Underwriter and the Underwriter agrees to buy from the Company, an aggregate of 1,500,000 Shares at $5.06 per Share (the public offering price less 8%), at the place and time herein specified. The price at which the Underwriter shall sell the Shares to the public shall be $5.50 per Share. The initial 1,500,000 Shares may be hereinafter referred to from time to time as the "First Shares." Delivery of the First Shares against payment therefor shall take place at the offices of the Underwriter, 000 Xxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000 (or at such other place as may be designated by agreement between the Underwriter and the Company) at 9:30 a.m., New York time, on such date after the Registration Statement has become effective under the Act as the Underwriter shall designate, but not later than three business days following the first date that any of the Shares are released to the Underwriter, such time and date of payment and delivery for the First Shares being hereinafter referred to as the "First Closing Date."
Purchase, Delivery and Sale of the Shares. (a) Subject to the terms and conditions of this Agreement, and upon the basis of the representations, warranties and agreements herein contained, the Company agrees to issue and sell to the Underwriter, and the Underwriter agrees to buy from the Company, at $_____ per share, at the place and time hereinafter specified, 2,500,000 shares of Common Stock (the "Firm Shares").
Purchase, Delivery and Sale of the Shares. (a) Subject to the terms and conditions of this Agreement, and upon the basis of the representations, warranties and agreements herein contained, the Company agrees to issue and sell to the Underwriters, and the Underwriters agree to buy from the Company at $10.80 per Unit at the place and time hereinafter specified, 500,000 Units. Delivery of the Firm Units as well as the Representative's Warrant against payment therefor shall take place at the offices of Kensington Securities, Inc., 0000 X. Xxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxx 00000 (or at such other place as may be designated by agreement between you and the Company) at 9:00 a.m. local time on July ___, 1997 or at such later time and date as you may designate within ten business days of the effective date of the Registration Statement or the date which you receive the Prospectus in sufficient quantity to send confirmations of sale, such time and date of delivery for the Firm Units being herein called the "First Closing Date." Time shall be of the essence and delivery at the time and place specified in this subsection (a) is a further condition to the obligations of the Underwriters hereunder. Payment shall be made to the order of the Company on the First Closing Date.
Purchase, Delivery and Sale of the Shares. (a) Upon the basis of the representations and warranties of Xxxxxxxx Curhan Ford & Co. herein contained, and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Underwriters the respective number of Firm Shares set forth opposite the name of such Underwriter in Schedule A hereto. On the basis of the representations, warranties and agreements of the Company herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A, subject to adjustment in accordance with Section 8 hereof. The purchase price per Share to be paid by the several Underwriters to the Company shall be U.S.$2.5644 per share. Payment for the Firm Shares to be sold by the Company shall be made at the First Closing Date (and, in the case of the Option Shares, if applicable, at the Option Closing Date) by wire transfer of immediately available funds to the order of the Company.
Purchase, Delivery and Sale of the Shares. (a) Subject to the terms and conditions of this Agreement, and upon the basis of the representations, warranties and agreements herein contained, the Company agrees to issue and sell to the Underwriters, and the Underwriters agree, severally and not jointly, to buy from the Company at $_____ per Share at the place and time hereinafter specified, the number of Shares set forth opposite each Underwriter's name in Schedule I hereto (the "Firm Shares").
Purchase, Delivery and Sale of the Shares. (a) Subject to the terms and conditions of this Agreement, and upon the basis of the representations, warranties and agreements herein contained, (i) the Company agrees to issue and sell to the Underwriters and the Underwriters agree to buy from the Company at $_____________ per Share and $_________ per Warrant at the place and time hereinafter specified, the number of Shares and Warrants set forth opposite each Underwriter's name in Schedule I hereto (the "Company Firm Securities") (ii) each Selling Stockholder agrees, severally but not jointly, to sell to the Underwriters and the Underwriters agree to buy the number of Shares indicated by such Selling Stockholder's name on Schedule II to this Agreement (the "Selling Stockholders Firm Shares"). Together, the Company Firm Securities and the Selling Stockholder's Firm Shares are the "Firm Securities." Each of the Underwriters agrees, severally and not jointly, to purchase from the Company and the Selling Stockholders, at a combined purchase price of $____________ per Share and Warrant, the number of Firm Securities set forth opposite such Underwriter's name on Schedules I and II hereto. Delivery of the Firm Securities against payment therefor shall take place at the offices of Xxxxxx Xxxxxxx & Associates, Inc., 0000 Xxxxxxxx Xxxxxxxxx, Xxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000 (or at such other place as may be designated by agreement between the Representative and the Company) at 10:00 a.m. New York time on ______,1996, or at such other time and date, not later than seven calendar days thereafter, as you may designate, such time and date of payment and delivery for the Firm Securities being herein called the "First Closing Date." Time shall be of the essence and delivery at the time and place specified in this subsection (a) is a further condition to the Underwriters' obligations hereunder.
Purchase, Delivery and Sale of the Shares. (a) Subject to the terms and conditions of this Agreement, and upon the basis of the representations, warranties and agreements herein contained, the Company agrees to issue and sell to you, and you agree to buy from the Company at $_____ per Share at the place and time hereinafter specified, the number of Shares set forth opposite your name in Schedule I hereto (the "Firm Shares"). Delivery of the Firm Shares against payment therefor shall take place at the offices of X.X. Xxxxxx & Co., Inc., 0000 Xx. Xxxx Xxxxxx, Xxxxxxxxx, Xxx Xxxx 00000 (or at such other place as may be designated by agreement between you and the Company) at 9:30 a.m. New York time on ________, 1997, or at such other time and date, not later than three business days thereafter (or four business days if the Registration Statement is declared effective after the close of the business day), as you may designate, such time and date of payment and delivery for the Firm Shares being herein called the "First Closing Date." Time shall be of the essence and delivery at the time and place specified in this subsection (a) is a further condition to your obligations hereunder.
Purchase, Delivery and Sale of the Shares. (a) Subject to the terms and conditions of this Agreement, and upon the basis of the representations, warranties and agreements herein contained, the Company agrees to issue and sell to the Underwriters, and the Underwriters agree, severally and not jointly, to purchase from the Company at $_____ per Firm Share [92% of the public offering price per Firm Share] at the place and time hereinafter specified, the number of Firm Shares set forth opposite each Underwriter's name in Schedule I hereto. Delivery of the Firm Shares against payment therefor shall take place at the offices of Josexx Xxxxxxx & Xssoc., Inc., 2500 X. Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx Xxxxx, Xxxxxxx 00000 (xx at such other place as may be designated by agreement between you and the Company) at 10:00 a.m. Eastern Standard Time on _______________, 1999, or at such other time and date, not later than five (5) business days thereafter, as you may designate, such time and date of payment and delivery for the Firm Shares being herein called the "First Closing Date." Time shall be of the essence and delivery at the time and place specified in this subsection (a) is a further condition to the obligations of the Underwriters hereunder.
Purchase, Delivery and Sale of the Shares. (a) Subject to the terms and conditions of this Agreement, and upon the basis of the representations, warranties and agreements herein contained, the Company agrees to issue and sell to the Underwriter, and the Underwriter agrees to buy from the Company, at $3.60 per Share at the place and time hereinafter specified, the Firm Shares. Delivery of the Firm Shares against payment therefor shall take place at the offices of X.X. Xxxxxx & Co., Inc., 0000 Xx. Xxxx Xxxxxx, Xxxxxxxxx, Xxx Xxxx 00000 (or at such other place as may be designated by agreement between you and the Company) at 10:00 a.m. New York time on ___________, 1996, or at such later time and date as you may designate, such time and date of payment and delivery for the Firm Shares being herein called the "First Closing Date." Time shall be of the essence and delivery at the time and place specified in this subsection (a) is a further condition to the obligations of the Underwriter hereunder.
