Delivery of Additional Shares. If the Representatives exercise the option granted to them under Section 2(b), BofA, acting on behalf of the several Underwriters, agrees, on the basis of the representations, warranties and agreements herein contained, to purchase (through BofA) the number of Option Securities for which the option to purchase has been exercised pursuant to Section 2(b) (the “Applicable Additional Shares”). Not later than the day prior to the Date of Delivery of the Applicable Additional Shares, the Transaction Committee shall have resolved on the final number of Applicable Additional Shares to be issued pursuant to this Agreement (“Additional Capital Increase”).
Appears in 2 contracts
Sources: Underwriting Agreement (Oculis Holding AG), Underwriting Agreement (Oculis Holding AG)