Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all or less than all of the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option may be exercised in whole or in part at any time on or before the 45th day after the date of this Agreement, upon written notice (the “Option Notice”) by the Representative to the Company no later than 12:00 noon, New York City time, at least two and no more than five business days before the date specified for closing in the Option Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of the Option, the Company will become obligated to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified in the Option Notice. If any Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Shares.
Appears in 2 contracts
Sources: Underwriting Agreement (Boxlight Corp), Underwriting Agreement (Yield10 Bioscience, Inc.)
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of Underwriters to purchase up to 600,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to purchase, severally any dividend or distributions declared and payable by the Company on the Firm Shares but not jointly, all or less than all of payable on the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option option hereby granted may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated to convey shall issue and sell to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified set forth in the Option Shares Notice. If any , and the Underwriters shall purchase from the Company such Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Shares.
Appears in 2 contracts
Sources: Underwriting Agreement (Global Net Lease, Inc.), Underwriting Agreement (Global Net Lease, Inc.)
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all or less than all of the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the each Firm SharesShare. The Option may be exercised in whole or in part at any time on or before the 45th day after the date of this Agreement, upon written notice (the “Option Notice”) by the Representative to the Company no later than 12:00 noon, New York City time, at least two one and no more than five business days before the date specified for closing in the Option Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares shares of Common Stock to be purchased and the time and date for such purchase. Upon exercise of the Option, the Company will become obligated to convey to the Underwriters, and the Underwriters will become obligated to purchaseand, in each case subject to the terms and conditions set forth herein, the Underwriters will become obligated to purchase, the number of Option Shares shares of Common Stock specified in the Option Notice. If any Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Shares.
Appears in 2 contracts
Sources: Underwriting Agreement (Boxlight Corp), Underwriting Agreement (Boxlight Corp)
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all up to [•] Option Shares from the Company at the purchase price per share of $[•]; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net of discount and commissions) option hereby granted may be exercised only to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to cover overallotment in the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Shares Notice. If any , and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agreessubject, severally and not jointlyhowever, to purchase the number of Option Shares (such adjustments to eliminate fractional shares as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesits sole discretion shall make.
Appears in 2 contracts
Sources: Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Healthcare Trust, Inc.)
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants the Option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all or less than all up to an aggregate of [______________] Option Shares from the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be Company at the same Purchase Price (net of discount and commissions) allocated to price per share as the Underwriters shall pay for the Firm Shares. The Option may be exercised only to cover over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noon, New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated to convey shall issue and sell to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative Representatives in such manner as it deems they deem advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesshares.
Appears in 2 contracts
Sources: Underwriting Agreement (Bioheart, Inc.), Underwriting Agreement (Bioheart, Inc.)
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all up to 400,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net option hereby granted may be exercised only to cover over-allotments in the sale of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion is equal to the number percentage of Firm Shares that such Underwriter is purchasing, subject, however, to be purchased by it as set forth on Schedule A opposite such Underwriter’s name adjustments to eliminate fractional shares as the total number of Option Shares to be purchased bears to the total number of Firm SharesRepresentatives in their sole discretion shall make.
Appears in 1 contract
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all up to an aggregate of 1,200,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividends or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net option hereby granted may be exercised only to cover over-allotments in the sale of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion is equal to the number percentage of Firm Shares that such Underwriter is purchasing, subject, however, to be purchased by it as set forth on Schedule A opposite such Underwriter’s name adjustments to eliminate fractional shares as the total number of Option Shares to be purchased bears to the total number of Firm SharesRepresentatives in their sole discretion shall make.
Appears in 1 contract
Sources: Underwriting Agreement (Monmouth Real Estate Investment Corp)
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all up to [ ] Option Shares from the Company at the purchase price per share of $[ ]; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of other distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net of discount and commissions) option hereby granted may be exercised only to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to cover overallotment in the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Shares Notice. If any , and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agreessubject, severally and not jointlyhowever, to purchase the number of Option Shares (such adjustments to eliminate fractional shares as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesits sole discretion shall make.
Appears in 1 contract
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all up to 300,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net option hereby granted may be exercised only to cover over-allotments in the sale of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “"Option Shares Notice”") by the Representative Representatives to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “an "Option Closing Date”) "), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion is equal to the number percentage of Firm Shares that such Underwriter is purchasing, subject, however, to be purchased by it as set forth on Schedule A opposite such Underwriter’s name adjustments to eliminate fractional shares as the total number of Option Shares to be purchased bears to the total number of Firm SharesRepresentatives in their sole discretion shall make.
Appears in 1 contract
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants to the Representative on behalf of the Underwriters the an Over-allotment Option to purchase, severally and not jointly, all or less than all 187,500 additional Option Shares, representing fifteen percent (15%) of the Option SharesFirm Shares sold in the Offering, from the Company. The purchase price (net of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the each Firm SharesShare. The Underwriters shall not be under any obligation to purchase any of the Option Shares prior to the exercise of the Over-allotment Option. The Over-allotment Option may be exercised in whole or in part at any time on or before the 45th day after the date of this AgreementClosing Date, upon written notice (the “Option Notice”) by the Representative to the Company no later than 12:00 noonCompany, New York City time, at least two and no more than five business days before the date specified for closing in the Option Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for delivery of and payment for the Option Shares (the “Option Closing Date”), which shall not be later than five (5) full Business Days after the date of the notice or such purchaseother time as shall be agreed upon by the Company and the Representative, at the offices of Representative, at the offices of Representative’s Counsel or at such other place (including remotely by facsimile or other electronic transmission) as shall be agreed upon by the Company and the Representative. If such delivery and payment for the Option Shares does not occur on the Closing Date, the Option Closing Date will be as set forth in the Option Notice. Upon exercise of the Over-allotment Option, the Company will become obligated to convey to the UnderwritersUnderwriters through the Representative, and the Underwriters will become obligated to purchaseand, in each case subject to the terms and conditions set forth herein, the Underwriters will become obligated to purchase, the number of Option Shares specified in the Option Notice. If any Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number name. For purposes of Option Shares this Agreement, a “Business Day” means any day other than Saturday, Sunday or other day on which commercial banks in The City of New York are authorized or required by law to remain closed; provided that banks shall not be deemed to be purchased bears authorized or obligated to be closed due to a “shelter in place,” “non-essential employee” or similar closure of physical branch locations at the total number direction of Firm Sharesany governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.
Appears in 1 contract
Sources: Underwriting Agreement (Agroz Inc.)
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all up to 450,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividends or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net option hereby granted may be exercised only to cover over-allotments in the sale of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion is equal to the number percentage of Firm Shares that such Underwriter is purchasing, subject, however, to be purchased by it as set forth on Schedule A opposite such Underwriter’s name adjustments to eliminate fractional shares as the total number of Option Shares to be purchased bears to the total number of Firm SharesRepresentatives in their sole discretion shall make.
Appears in 1 contract
Sources: Underwriting Agreement (Monmouth Real Estate Investment Corp)
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all up to 600,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option option hereby granted may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Shares Notice. If any , and the Underwriters shall purchase from the Company such percentage of the Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion is equal to the number percentage of Firm Shares that such Underwriter is purchasing, subject, however, to be purchased by it as set forth on Schedule A opposite such Underwriter’s name adjustments to eliminate fractional shares as the total number of Option Shares to be purchased bears to the total number of Firm SharesRepresentatives in their sole discretion shall make.
Appears in 1 contract
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all up to [•] Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividends or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net Option may be exercised only to cover over-allotments in the sale of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the a “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated to convey shall issue and sell to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agreessubject, severally and not jointlyhowever, to purchase the number of Option Shares (such adjustments to eliminate fractional shares as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesits sole discretion shall make.
Appears in 1 contract
Sources: Underwriting Agreement (Monmouth Real Estate Investment Corp)
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an overallotment option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all up to 450,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net of discount and commissions) option hereby granted may be exercised only to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to cover overallotment in the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Shares Notice. If any , and the Underwriters shall purchase from the Company such percentage of the Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion is equal to the number percentage of Firm Shares that such Underwriter is purchasing, subject, however, to be purchased by it as set forth on Schedule A opposite such Underwriter’s name adjustments to eliminate fractional shares as the total number of Option Shares to be purchased bears to the total number of Firm SharesRepresentatives in their sole discretion shall make.
Appears in 1 contract
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all up to 1,050,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividends or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net option hereby granted may be exercised only to cover over-allotments in the sale of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion is equal to the number percentage of Firm Shares that such Underwriter is purchasing, subject, however, to be purchased by it as set forth on Schedule A opposite such Underwriter’s name adjustments to eliminate fractional shares as the total number of Option Shares to be purchased bears to the total number of Firm SharesRepresentatives in their sole discretion shall make.
Appears in 1 contract
Sources: Underwriting Agreement (Monmouth Real Estate Investment Corp)
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants the Option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all or less than all up to [# of the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be shoe shares] at the same Purchase Price (net of discount and commissions) allocated to price per share as the Underwriters shall pay for the Firm Shares. The Option may be exercised only to cover over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noon, New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated to convey shall issue and sell to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and each Underwriter shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative Representatives in such manner as it deems they deem advisable to avoid fractional securities) that bears shares. No Option Shares shall be sold and delivered unless the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharespreviously have been, or simultaneously are, sold and delivered.
Appears in 1 contract
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants the Option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all or less than all part of the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be Shares from the Company at the same Purchase Price (net of discount and commissions) allocated to price per share as the Underwriters shall pay for the Firm Shares. The Option may be exercised only to cover over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noon, New York City time, on or before the 30th day after the date of this Agreement, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated to convey shall issue and sell to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and each of the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative Representatives in such manner as it deems they deem advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesshares.
Appears in 1 contract
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants the Option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all up to 862,500 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares, less an amount per share equal to any dividends or less than all of distributions declared by the Company and payable on the Firm Shares but not payable on the Option Shares. The purchase price (net Option may be exercised only to cover over-allotments in the sale of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “"Option Shares Notice”") by the Representative to the Company no later than 12:00 noon, New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “"Option Closing Date”") setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated to convey shall issue and sell to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchased, the percentage of Firm Shares that each Underwriter agreespurchases, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesshares.
Appears in 1 contract
Sources: Underwriting Agreement (Investors Real Estate Trust)
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants to the Representative Representatives on behalf of the Underwriters the Option to purchase, severally and not jointly, all or less than all of the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the each Firm SharesShare. The Option may be exercised in whole or in part at any time on or before the 45th day after the date of this Agreement, upon written notice (the “Option Notice”) by the Representative Representatives to the Company no later than 12:00 noon, New York City time, at least two one and no more than five business days before the date specified for closing in the Option Notice (the “Option Closing Date”) setting forth the aggregate number of Option Ordinary Shares to be purchased and the time and date for such purchase. Upon exercise of the Option, the Company will become obligated to convey to the Underwriters, and the Underwriters will become obligated to purchaseand, in each case subject to the terms and conditions set forth herein, the Underwriters will become obligated to purchase, the number of Option Ordinary Shares specified in the Option Notice. If any Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Shares.
Appears in 1 contract
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants the Option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all or less than all up to an aggregate of [ ] Option Shares from the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be Company at the same Purchase Price (net of discount and commissions) allocated to price per share as the Underwriters shall pay for the Firm Shares. The Option may be exercised only to cover over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noon, New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated to convey shall issue and sell to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative Representatives in such manner as it deems they deem advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesshares.
Appears in 1 contract
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all up to 450,000 Option Shares from the Company at the purchase price per share of $24.454625; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net of discount and commissions) option hereby granted may be exercised only to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to cover overallotment in the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Shares Notice. If any , and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agreessubject, severally and not jointlyhowever, to purchase the number of Option Shares (such adjustments to eliminate fractional shares as adjusted by the Representative in its sole discretion shall make, and such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to will be purchased bears to sold by the total number Underwriters at a price per share of Firm Shares$25.25.
Appears in 1 contract
Sources: Underwriting Agreement (American Finance Trust, Inc)
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants the Option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all or less than all of the Option Shares. The purchase price (net , for the sole purpose of discount and commissions) to be paid for each Option Share will be covering over-allotments in connection with the same sale of the Firm Shares, at the Purchase Price (net of discount less an amount per share equal to any dividends or distributions declared by the Company and commissions) allocated to payable on the Firm Shares but not payable on the Option Shares. The Option may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noon, New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated to convey shall issue and sell to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and each Underwriter shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative Representatives in such manner as it deems they deem advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesshares.
Appears in 1 contract
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all or less than all of the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the each Firm SharesShare. The Option may be exercised in whole or in part at any time on or before the 45th day after the date of this Agreement, upon written notice (the “Option Notice”) by the Representative to the Company no later than 12:00 noon, New York City time, at least two one and no more than five business days before the date specified for closing in the Option Notice (the “Option Closing Date”) setting forth the aggregate number of Option Ordinary Shares to be purchased and the time and date for such purchase. Upon exercise of the Option, the Company will become obligated to convey to the Underwriters, and the Underwriters will become obligated to purchaseand, in each case subject to the terms and conditions set forth herein, the Underwriters will become obligated to purchase, the number of Option Ordinary Shares specified in the Option Notice. If any Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Shares.
Appears in 1 contract
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all up to 300,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividends or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net Option may be exercised only to cover over-allotments in the sale of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the a “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated to convey shall issue and sell to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agreessubject, severally and not jointlyhowever, to purchase the number of Option Shares (such adjustments to eliminate fractional shares as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesits sole discretion shall make.
Appears in 1 contract
Sources: Underwriting Agreement (Monmouth Real Estate Investment Corp)
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all up to 200,000 Option Shares from the Company at the purchase price per share of $24.2125; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net of discount and commissions) option hereby granted may be exercised only to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to cover overallotment in the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Shares Notice. If any , and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agreessubject, severally and not jointlyhowever, to purchase the number of Option Shares (such adjustments to eliminate fractional shares as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesits sole discretion shall make.
Appears in 1 contract
Sources: Underwriting Agreement (Modiv Inc.)
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all up to 750,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net option hereby granted may be exercised only to cover over-allotments in the sale of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “"Option Shares Notice”") by the Representative Representatives to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “an "Option Closing Date”) "), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion is equal to the number percentage of Firm Shares that such Underwriter is purchasing, subject, however, to be purchased by it as set forth on Schedule A opposite such Underwriter’s name adjustments to eliminate fractional shares as the total number of Option Shares to be purchased bears to the total number of Firm SharesRepresentatives in their sole discretion shall make.
Appears in 1 contract
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all up to [●] Option Shares from the Company at the purchase price per share of $[●]; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of other distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option option hereby granted may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Shares Notice. If any , and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agreessubject, severally and not jointlyhowever, to purchase the number of Option Shares (such adjustments to eliminate fractional shares as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesits sole discretion shall make.
Appears in 1 contract
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all up to 180,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option option hereby granted may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Shares Notice. If any , and the Underwriters shall purchase from the Company such percentage of the Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion is equal to the number percentage of Firm Shares that such Underwriter is purchasing, subject, however, to be purchased by it as set forth on Schedule A opposite such Underwriter’s name adjustments to eliminate fractional shares as the total number of Option Shares to be purchased bears to the total number of Firm SharesRepresentatives in their sole discretion shall make.
Appears in 1 contract
Sources: Underwriting Agreement (American Finance Trust, Inc)
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants the Option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all or less than all of the Option Shares. The purchase price (net Shares for the purpose of discount and commissions) to be paid for each Option Share will be covering over-allotments at the same Purchase Price (net of discount less an amount per share equal to any dividends or distributions declared by the Company and commissions) allocated to payable on the Firm Shares but not payable on the Option Shares. The Option may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noon, New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of the OptionOn any Option Closing Date, the Company will become obligated to convey shall issue and sell to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and each Underwriter shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative Representatives in such manner as it deems they deem advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesshares.
Appears in 1 contract
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all up to 480,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net of discount and commissions) option hereby granted may be exercised only to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to cover overallotment in the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Shares Notice. If any , and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agreessubject, severally and not jointlyhowever, to purchase the number of Option Shares (such adjustments to eliminate fractional shares as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesits sole discretion shall make.
Appears in 1 contract
Sources: Underwriting Agreement (American Finance Trust, Inc)
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants the Option to the Representative on behalf of the several Underwriters the Option to purchase, severally and not jointly, all or less than all of the Option Shares. The Shares at a purchase price (net per share of discount and commissions) to be paid for each Option at least the Firm Share will be the same Purchase Price (net of discount less an amount per share equal to any dividends or distributions declared by the Company and commissions) allocated to payable on the Firm Shares but not payable on the Option Shares. The Option may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative Representatives to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated to convey shall issue and sell to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified set forth in the Option Notice. If any Shares Notice and each Underwriter shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative Representatives in such manner as it deems they deem advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesshares.
Appears in 1 contract
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all or less than all of the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to the Firm Shares. The Option may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Notice”) by the Representative to the Company no later than 12:00 noon, New York City time, at least two and no more than five business days before the date specified for closing in the Option Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of the Option, the Company will become obligated to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, the number of Option Shares specified in the Option Notice. If any Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares (as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares Securities to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm SharesSecurities.
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Sources: Underwriting Agreement (Achieve Life Sciences, Inc.)
Purchase of Option Shares. Subject In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all up to 210,000 Option Shares from the Company at the purchase price per share of $24.2125; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or less than all of distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The purchase price (net of discount and commissions) option hereby granted may be exercised only to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to cover overallotment in the Firm Shares. The Option Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 45th 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representative to the Company no later than 12:00 noonp.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the an “Option Closing Date”) ), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. Upon exercise of On the OptionOption Closing Date, the Company will become obligated shall issue and sell to convey to the Underwriters, and the Underwriters will become obligated to purchase, in each case subject to the terms and conditions set forth herein, Underwriter the number of Option Shares specified set forth in the Option Shares Notice. If any , and the Underwriters shall purchase from the Company such percentage of the Option Shares are as is equal to be purchasedthe percentage of Firm Shares that such Underwriter is purchasing, each Underwriter agreessubject, severally and not jointlyhowever, to purchase the number of Option Shares (such adjustments to eliminate fractional shares as adjusted by the Representative in such manner as it deems advisable to avoid fractional securities) that bears the same proportion to the number of Firm Shares to be purchased by it as set forth on Schedule A opposite such Underwriter’s name as the total number of Option Shares to be purchased bears to the total number of Firm Sharesits sole discretion shall make.
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