Common use of Purchase of the Units by the Underwriters Clause in Contracts

Purchase of the Units by the Underwriters. (a) On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 15,000,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite such Underwriter’s name in Schedule 1 hereto. (b) In addition, the Partnership grants to the Underwriters an option to purchase up to an additional 2,250,000 Option Units. Such option (the “Option”) is exercisable in the event that the Underwriters sell more than the number of Firm Units in the offering and is exercisable as provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase that number of Option Units (subject to such adjustments to eliminate fractional units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on any Delivery Date by the Partnership to the Underwriters pursuant to this Agreement as the number of Firm Units set forth opposite the name of such Underwriter in Schedule 1 hereto bears to 15,000,000 Firm Units. (c) The price of both the Firm Units and any Option Units shall be $ per Unit. (d) The Partnership shall not be obligated to deliver any of the Units to be delivered on any Delivery Date except upon payment for all the Units to be purchased on such Delivery Date as provided herein.

Appears in 2 contracts

Sources: Underwriting Agreement (Boardwalk Pipeline Partners, LP), Underwriting Agreement (Boardwalk Pipeline Partners, LP)

Purchase of the Units by the Underwriters. (a) On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 15,000,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase purchase, the number of Firm Units set forth opposite such that Underwriter’s name in Schedule 1 hereto. (b) . In addition, the Partnership grants to the Underwriters an option to purchase up to an additional 2,250,000 300,000 Option Units. Such option (is granted for the “Option”) is exercisable purpose of covering over-allotments in the event that the Underwriters sell more than the number sale of Firm Units in the offering and is exercisable as provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase that number of Option Units (subject to such adjustments to eliminate fractional units as shall be purchased severally for the Representatives may determine) that bears account of the same Underwriters in proportion to the total number of Option Units to be sold on any Delivery Date by the Partnership to the Underwriters pursuant to this Agreement as the number of Firm Units set forth opposite the name names of such Underwriter Underwriters in Schedule 1 I hereto bears (subject, in each case, to 15,000,000 Firm Units. (c) such adjustment as the Representative may determine to eliminate fractional units). The price of both the Firm Units and any Option Units shall be $ $25.00 per Common Unit. (d) . The Partnership shall not be obligated to deliver any of the Units to be delivered on any Delivery Date (as hereinafter defined), except upon payment for all the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (K-Sea Transportation Partners Lp)

Purchase of the Units by the Underwriters. (a) On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 15,000,000 8,000,000 Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite such that Underwriter’s 's name in Schedule 1 hereto. (b) . The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to an additional 2,250,000 aggregate of 1,200,000 Option Units. Such option (the "Option") is exercisable granted for the purpose of covering over-allotments in the event that the Underwriters sell more than the number sale of Firm Units in the offering and is exercisable as provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase that number of The Option Units (subject to such adjustments to eliminate fractional units as shall be purchased severally for the Representatives may determine) that bears account of the same Underwriters in proportion to the total number of Option Units to be sold on any Delivery Date by the Partnership to the Underwriters pursuant to this Agreement as the number of Firm Units set forth opposite the name of such Underwriter Underwriters in Schedule 1 hereto bears hereto. The respective purchase obligations of each Underwriter with respect to 15,000,000 Firm Units. (c) The price of both the Firm Units and any Option Units shall be $ per Unit. (d) The Partnership adjusted by the Representatives so that no Underwriter shall not be obligated to deliver any of the purchase Option Units to be delivered on any Delivery Date except upon payment for all the Units to be purchased on such Delivery Date as provided hereinother than in 100 unit amounts.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Energy Partners L P)

Purchase of the Units by the Underwriters. (a) On the basis of the representations representations, warranties and warranties covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 15,000,000 3,200,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite such that Underwriter’s name in Schedule 1 I hereto. (b) . The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to an 480,000 additional 2,250,000 Option Units. Such option (the “Option”) is exercisable in the event that the Underwriters sell more than the number of Firm Units in the offering and is exercisable as provided set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase that the number of Option Units (subject to such adjustments to eliminate fractional units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on any such Delivery Date by the Partnership to the Underwriters pursuant to this Agreement as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter in Schedule 1 hereto bears to 15,000,000 the total number of Firm Units. (c) . The purchase price of payable by the Underwriters for both the Firm Units and any Option Units shall be $ is $47.50 per Unit. (d) . The Partnership shall is not be obligated to deliver any of the Firm Units or Option Units to be delivered on any the applicable Delivery Date Date, except upon payment for all the such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Noble Midstream Partners LP)

Purchase of the Units by the Underwriters. (a) On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 15,000,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite such Underwriter’s name in Schedule 1 hereto. (b) In addition, the Partnership grants to the Underwriters an option to purchase up to an additional 2,250,000 Option Units. Such option (the “Option”) is exercisable in the event that the Underwriters sell more than the number of Firm Units in the offering and is exercisable as provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase that number of Option Units (subject to such adjustments to eliminate fractional units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on any Delivery Date by the Partnership to the Underwriters pursuant to this Agreement as the number of Firm Units set forth opposite the name of such Underwriter in Schedule 1 hereto bears to 15,000,000 Firm Units. (c) The price of both the Firm Units and any Option Units shall be $ $19.50 per Unit. (d) The Partnership shall not be obligated to deliver any of the Units to be delivered on any Delivery Date except upon payment for all the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Boardwalk Pipeline Partners, LP)