Common use of Certain Deliveries Clause in Contracts

Certain Deliveries. (a) Within two Business Days of its execution and delivery of this Agreement, each Investor shall deliver or cause to be delivered (for further redistribution in accordance with the Escrow Agreement) its Investment Amount, in United States dollars and in immediately available funds, by wire transfer to the account designated in writing in the Escrow Agreement for such purpose. (b) Within two Business Days following its execution and delivery of this Agreement, each Selling Stockholder will deliver to or as directed by the Company its Shares, together with all documents, legal opinions, instruments, directions and writings as the Company may reasonably require so that the Company can timely re-issue and deliver the same to the Investors at the Closing. (c) At the Closing, the following deliveries will be made: (i) Each Investor will deliver to the Company the Registration Rights Agreement, duly executed by such Investor. (ii) The Company will cause to be issued and delivered to each Investor: (A) a certificate, registered in the name of such Investor, containing a standard restrictive legend, representing the number of Shares to be re-issued and sold at Closing to such Investor, representing such Investor’s Investment Amount, and (B) the Registration Rights Agreement, duly executed by the Company. (iii) The Escrow Agreement provides that, upon joint written instruction from the Company and ▇▇▇▇ Capital Partners, LLP, the Escrow Agent will disburse the Investment Amounts funded into the escrow account by the Investors pursuant to Section 2.2(a) in accordance with the Flow of Funds Memorandum prepared in accordance with the Escrow Agreement. (d) No Investor signature page to this Agreement will be deemed accepted by the Selling Stockholders until such time as the Investor shall be so notified in writing by the Selling Stockholders.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Commerce Planet), Securities Purchase Agreement (Commerce Planet)