Underwriter Option definition
Examples of Underwriter Option in a sentence
Upon exercise of the Underwriter Option with respect to all or any portion of the Option Shares, subject to the terms and conditions set forth herein, (i) the Company shall become obligated to sell to the Underwriters the number of Option Shares specified in such notice and (ii) each of the Underwriters, acting severally and not jointly, shall purchase that portion of the total number of Option Shares then being purchased as set forth in Schedule 1 opposite the name of such Underwriter.
The Underwriters shall not be under any obligation to purchase any Option Shares prior to the exercise of the Underwriter Option.
The Underwriter Option granted pursuant to Section 1.2.1 hereof may be exercised by the Representative as to all (at any time) or any part (from time to time) of the Option Shares within forty-five (45) days after the Effective Date (as defined below).
The Underwriter Securities and the Underwriter Option Securities shall be delivered in book entry form unless the Representative shall otherwise instruct.
The sale of the Underwriter Securities and the Underwriter Option Securities are, or will be, exempt from the registration requirements of the Act.
Chardan shall exercise a DAL Warrant upon the exercise of a corresponding Chardan Warrant or Underwriter Option, using the same type of consideration as used to exercise the Chardan Warrant or Underwriter Option (i.e. cash or cashless exercise).
Said option to purchase Underwriter Option Securities may only be exercised in proportion to the exercise of the option to purchase Option Securities.
The holders of such Underwriter Securities and/or Underwriter Option Securities are not and will not be subject to personal liability by reason of being such holders, and such Underwriter Securities and Underwriter Option Securities are not and will not be subject to any preemptive or other similar contractual rights granted by the Company.
For any Subsequent Closing, the corresponding Underwriter Option Closing shall have occurred.
The Underwriter Securities and the Underwriter Option Securities have been duly authorized and, when issued and delivered against payment for the Underwriter Securities and the Underwriter Option Securities, as applicable, by the Underwriters pursuant to this Agreement and registered in the Company’s books and records, will be validly issued, fully paid and nonassessable.