Common use of The Firm Shares Clause in Contracts

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 3,750,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. On the basis of the representations, warranties and agreements 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 and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $15.8525 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Western Refining, Inc.)

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The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters Underwriter an aggregate of 18,750,000 2,000,000 Firm Shares and (ii) each of the Selling Stockholders agree severally agrees to sell to the several Underwriters Underwriter an aggregate of 3,750,000 15,129,710 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. A. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, Underwriter agrees to purchase from the Company and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A. in the preceding sentence. The purchase price per Firm Share to be paid by the several Underwriters Underwriter to the Company and the Selling Stockholders shall be $15.8525 3.984 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Synagro Technologies Inc)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 5,000,000 Firm Shares and (ii) the Selling Stockholders agree Stockholder agrees to sell to the several Underwriters an aggregate of 3,750,000 4,350,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. . On the basis of the representations, warranties and agreements 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 and the Selling Stockholders Stockholder the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholder shall be $15.8525 33.273125 per share.

Appears in 1 contract

Samples: Underwriting Agreement (QTS Realty Trust, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 869,565 Firm Shares and (ii) the Selling Stockholders agree to sell to the several Underwriters an aggregate of 3,750,000 2,117,814 Firm Shares, each Selling Stockholder selling up to the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. On the basis of the representations, warranties and agreements 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 and the Selling Stockholders up to the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Common Share to be paid by the several Underwriters to the Company shall be $15.8525 30.64 per share.

Appears in 1 contract

Samples: Underwriting Agreement (MWI Veterinary Supply, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the The Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 Firm Shares and (ii) the Selling Stockholders agree Stockholder agree, severally and not jointly, to sell to the several Underwriters an aggregate of 3,750,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares upon the terms herein set forth opposite such Selling Stockholder’s name on Schedule B. forth. On the basis of the representations, warranties and agreements 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 and the Selling Stockholders the respective Stockholder that number of Firm Shares, which number of Firm Shares is set forth opposite their names on the name of such Underwriter in Schedule A. I hereto. The purchase price per Firm Common Share to be paid by the several Underwriters to the Company and the Selling Stockholder shall be $15.8525 10.716 per share.

Appears in 1 contract

Samples: Underwriting Agreement (DG FastChannel, Inc)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 7,000,000, Firm Shares and (ii) the Selling Stockholders severally agree to sell to the several Underwriters an aggregate of 3,750,000 3,576,623 Firm Shares, with each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. B hereto. On the basis of the representations, warranties and agreements 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 and the Selling Stockholders Stockholders, the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $15.8525 21.60 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 1,000,000 Firm Shares and (ii) the Selling Stockholders agree agree, severally and not jointly, to sell to the several Underwriters an aggregate of 3,750,000 3,000,000 Firm Shares, with each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. On the basis of the representations, warranties and agreements 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 and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $15.8525 18.29 per share.

Appears in 1 contract

Samples: Underwriting Agreement (LHC Group, Inc)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 12,000,000 Firm Shares and (ii) the each Selling Stockholders agree Stockholder agrees to sell to the several Underwriters an aggregate of 3,750,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s its name on Schedule B. B, for an aggregate of 8,503,347 Firm Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agreeeach Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A. The A at a purchase price per Firm Share to be paid by the several Underwriters to the Company shall be of $15.8525 4.1360 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Abraxas Petroleum Corp)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 9,375,000 Firm Shares and (ii) the Selling Stockholders agree agree, severally and not jointly, to sell to the several Underwriters an aggregate of 3,750,000 3,125,000 Firm Shares, with each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. On the basis of the representations, warranties and agreements 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 and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $15.8525 11.40 per share.

Appears in 1 contract

Samples: Underwriting Agreement (BioScrip, Inc.)

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The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 3,000,000 Primary Firm Shares and (ii) the Selling Stockholders agree Stockholder agrees to sell to the several Underwriters underwriters an aggregate of 3,750,000 Firm 1,000,000 Secondary Offered Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. . On the basis of the representations, warranties and agreements 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 and the Selling Stockholders Stockholder the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholder shall be $15.8525 18.80 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Evolus, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 7,250,000 Firm Shares and (ii) the Selling Stockholders agree Stockholder agrees to sell to the several Underwriters an aggregate of 3,750,000 750,000 Firm Shares, each Selling Stockholder selling the number of Firm Shares as set forth opposite such Selling Stockholder’s name on Schedule B. On the basis of the representations, warranties and agreements 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 and the Selling Stockholders Stockholder the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholder shall be $15.8525 31.4325 per share.

Appears in 1 contract

Samples: Underwriting Agreement (AdaptHealth Corp.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 4,250,000 Firm Shares and (ii) the Selling Stockholders Stockholders, severally and not jointly, agree to sell to the several Underwriters an aggregate of 3,750,000 1,250,000 Firm Shares, with each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. On the basis of the representations, warranties and agreements 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 and the Selling Stockholders the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholders shall be $15.8525 9.165 per share.

Appears in 1 contract

Samples: Underwriting Agreement (OptiNose, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 6,096,112 Firm Shares Shares, and (ii) the Selling Stockholders agree Stockholder agrees to sell to the several Underwriters an aggregate of 3,750,000 1,304,348 Firm Shares, each Selling Stockholder selling the number of Firm Shares set forth opposite such Selling Stockholder’s name on Schedule B. . On the basis of the representations, warranties and agreements 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 and the Selling Stockholders Stockholder the respective aggregate number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Stockholder shall be $15.8525 13.395 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Pacific Biosciences of California, Inc.)

The Firm Shares. Upon the terms herein set forth, (i) the Company agrees to issue and sell to the several Underwriters an aggregate of 18,750,000 3,000,000 Firm Shares and (ii) the Selling Stockholders Shareholders agree to sell to the several Underwriters an aggregate of 3,750,000 1,000,000 Firm Shares, with each Selling Stockholder Shareholder selling the number of Firm Shares set forth opposite such Selling StockholderShareholder’s name on Schedule B. On the basis of the representations, warranties and agreements 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 and the Selling Stockholders Shareholders the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company and the Selling Shareholders shall be $15.8525 7.05 per share.

Appears in 1 contract

Samples: Underwriting Agreement (Xenon Pharmaceuticals Inc.)

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