Common use of Initial Shares Clause in Contracts

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $24.2125, the Company agrees to sell to the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company that number of Initial Shares set forth opposite the name of such Underwriter in Schedule I hereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Northstar Realty Finance Corp.), Underwriting Agreement (Northstar Realty Finance Corp.)

Initial Shares. Upon the basis of the warranties warranties, representations, covenants and representations agreements and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $24.2125, the Company agrees to sell to the Underwriters the Initial Shares each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company that at the purchase price per share of $24.2125, the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoopposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Rait Investment Trust), Underwriting Agreement (Rait Investment Trust)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.21258.37, the Company agrees to sell to the Underwriters the number of Initial Shares Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoII opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Pinnacle Gas Resources, Inc.)

Initial Shares. Upon the basis of the warranties warranties, representations, covenants and representations agreements and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $24.2125, the Company agrees to sell to the Underwriters the Initial Shares each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company that at the purchase price per share of $23.15875, the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoopposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Rait Investment Trust)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.2125[•], the Company agrees to sell to the Underwriters the Initial Shares to the Underwriters, and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretohereto opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Imperial Holdings, LLC)

Initial Shares. Upon the basis of the warranties representations and representations warranties, covenants and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.212516.75, the Company agrees to sell to the Underwriters the Initial Shares Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoopposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Customers Bancorp, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.2125$ , the Company agrees to sell to the Underwriters the number of Initial Shares Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoII opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Pinnacle Gas Resources, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.2125[ ], the Company agrees to sell to the Underwriters the number of Initial Shares Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoopposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Pacific DataVision, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.212537.80, the Company agrees to sell to the Underwriters the number of Initial Shares Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoopposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Pacific DataVision, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $24.2125, the Company agrees to sell to the Underwriters the Initial Shares each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company that at the purchase price per share of $21.72625, the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoopposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Rait Investment Trust)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.212529.6875, the Company hereby agrees to sell to the Underwriters the Initial Shares Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoII opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Tower Group, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.2125[•], the Company agrees to sell to the Underwriters the Initial Shares to the Underwriters, and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretohereto opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Imperial Holdings, LLC)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $24.212522.1625, the Company agrees to sell to the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company that number of Initial Shares set forth in Schedule I opposite the name of such Underwriter in Schedule I heretoUnderwriter, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $24.21254.48875, the Company agrees to sell to the Underwriters the 11,423,340 Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoopposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 9 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Quanta Capital Holdings LTD)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Stock of $24.212522.3325, the Company agrees to sell to the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company that number of Initial Shares set forth in Schedule I opposite the name of such Underwriter in Schedule I heretoUnderwriter, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.212515.06, the Company agrees to sell to the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company that number of Initial Shares set forth opposite the name of such Underwriter in Schedule I hereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.21255.50, the Company agrees to sell to the Underwriters the Initial Shares Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoopposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Goldleaf Financial Solutions Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.212523.15875, the Company agrees to sell to the Underwriters the Initial Shares Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretoopposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (ConnectOne Bancorp, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.212511.30, the Company agrees to sell to the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company that number of Initial Shares set forth opposite the name of such Underwriter in Schedule I hereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Underwriters in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Preferred Common Stock of $24.2125, the Company agrees to sell to the Underwriters the Initial Shares to the Underwriters, and each Underwriter agrees, severally and not jointly, to purchase from the Company that the number of Initial Shares set forth opposite the name of such Underwriter in Schedule I heretohereto opposite such Underwriter’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Patriot Risk Management, Inc.)