Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 3 contracts
Sources: Underwriting Agreement (Stone Energy Corp), Underwriting Agreement (Geo Group Inc), Underwriting Agreement (Geo Group Inc)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the that shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 3 contracts
Sources: Underwriting Agreement (Tetraphase Pharmaceuticals Inc), Underwriting Agreement (Tetraphase Pharmaceuticals Inc), Underwriting Agreement (Tetraphase Pharmaceuticals Inc)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third (3rd) full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to herein as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option for the Option Stock granted in Section 2 will expire 30 thirty (30) days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second (2nd) business day after the date on which the option shall have been exercised nor later than the fifth (5th) business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the applicable Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 3 contracts
Sources: Underwriting Agreement (Pacira Pharmaceuticals, Inc.), Underwriting Agreement (Pacira Pharmaceuticals, Inc.), Underwriting Agreement (Cempra, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 3 contracts
Sources: Underwriting Agreement (Petrohawk Energy Corp), Underwriting Agreement (Petrohawk Energy Corp), Underwriting Agreement (Petrohawk Energy Corp)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “"Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 3 contracts
Sources: Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 3 contracts
Sources: Underwriting Agreement (Entropic Communications Inc), Underwriting Agreement (CCS Medical Holdings, Inc.), Underwriting Agreement (Varolii CORP)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth [third] full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company Selling Stockholders shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (AdvancePierre Foods Holdings, Inc.), Underwriting Agreement (AdvancePierre Foods Holdings, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives, the Company and the CompanySelling Stockholder. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices price of the Firm Stock being sold by the Company Selling Stockholder to or upon the order of the Company Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts account specified by the CompanySelling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company (on behalf of the Selling Stockholder) or the Selling Stockholder shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholder by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholder and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives, the Company and the CompanySelling Stockholder. On the each Option Stock Delivery Date, the Company Selling Stockholder shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices price of the Option Stock being sold by the Company Selling Stockholder to or upon the order of the Company Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts account specified by the CompanySelling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company (on behalf of the Selling Stockholder) or the Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement, Underwriting Agreement (Advanced Drainage Systems, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanySelling Stockholders. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices price of the Firm Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. In addition, subject to the sale of the Firm Stock by the Selling Stockholders to the Underwriters in compliance with the terms of this Agreement, payment of the aggregate purchase price of the Repurchase Shares shall be made by the Company to the Underwriters in immediately available funds to an account specified by the Representatives, against delivery of such Repurchase Shares for the account of the Company at the Initial Delivery Date. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanySelling Stockholders. On the each Option Stock Delivery Date, the Company Selling Stockholders shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Td Synnex Corp), Underwriting Agreement (Td Synnex Corp)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative Underwriter and of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunderthe Underwriter. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct. The option granted in Section 2 will expire at 5:00 p.m., New York City time, 30 days after the date of this Agreement and may be exercised in whole or from time to time (but not more than twice) in part by written notice being given to the Company by the RepresentativeUnderwriter; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeUnderwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Underwriter shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative Underwriter and of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunderthe Underwriter. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Halozyme Therapeutics Inc), Underwriting Agreement (Halozyme Therapeutics Inc)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Orchid Island Capital, Inc.), Underwriting Agreement (Five Oaks Investment Corp.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third (3rd) full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to herein as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. The option for the Option Stock granted in Section 2 will expire 30 thirty (30) days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second (2nd) business day after the date on which the option shall have been exercised nor later than the fifth (5th) business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the applicable Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Fibrocell Science, Inc.), Underwriting Agreement (Fibrocell Science, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 [10:00] A.M., New York City time, on the fourth [third] full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholder by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholder and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 [10:00] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company Selling Stockholder shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholder to or upon the order of the Company Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts account specified by the CompanySelling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Civitas Solutions, Inc.), Underwriting Agreement (Civitas Solutions, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Crimson Exploration Inc.), Underwriting Agreement (Crimson Exploration Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.a.m., New York City time, on the fourth full third (or, if the purchase price set forth in Section 2 is determined after 4:30 p.m., New York City time, the fourth) business day following after the date of this Agreement Agreement, or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M.a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Staar Surgical Co), Underwriting Agreement (3d Systems Corp)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Trevena Inc), Underwriting Agreement (Trevena Inc)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Dupont Fabros Technology, Inc.), Underwriting Agreement (Dupont Fabros Technology, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Platform Specialty Products Corp), Underwriting Agreement (Platform Specialty Products Corp)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of ▇▇▇▇▇, ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, LLP, Boston, Massachusetts, at 10:00 A.M., New York City Eastern time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial "First Delivery Date.” " On the First Delivery of Date, the Company shall deliver or cause to be delivered the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified a bank account designated by the Company. The Company shall deliver the Firm Shares to ▇▇▇▇▇▇ Brothers Inc. through the facilities of the Depository Trust Company ("DTC") for the respective accounts of the several Underwriters. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver make the certificates representing the Firm Stock through available for inspection by the facilities of DTC unless Representatives in New York, New York, not later than 2:00 P.M., Eastern time, on the Representative shall otherwise instructbusiness day prior to the First Delivery Date. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business dayRepresentatives. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued exercised and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock are delivered is are sometimes referred to as an “Option Stock a "Subsequent Delivery Date,” " and the Initial First Delivery Date and any Option Stock Subsequent Delivery Date are sometimes each referred to as a “"Delivery Date.” ". Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date place specified in the corresponding notice described in first sentence of the preceding first paragraph of this Section 4 (or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company) at 10:00 A.M., Eastern time, on such Subsequent Delivery Date. On the Option Stock such Subsequent Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds funds. The Company shall deliver the Option Stock to ▇▇▇▇▇▇ Brothers Inc. through the facilities of DTC for the respective accounts specified by of the Companyseveral Underwriters. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver make the certificates representing the Option Stock through available for inspection by the facilities of DTC unless Representatives in New York, New York, not later than 2:00 P.M., Eastern time, on the Representative shall otherwise instructbusiness day prior to such Subsequent Delivery Date.
Appears in 2 contracts
Sources: Underwriting Agreement (Maker Communications Inc), Underwriting Agreement (Maker Communications Inc)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 9:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeCompany; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 9:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Jarden Corp), Underwriting Agreement (Jarden Corp)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the that shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Tetraphase Pharmaceuticals Inc), Underwriting Agreement (Tetraphase Pharmaceuticals Inc)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Underwriter for the its account of each Underwriter against payment by the several Underwriters through the Representative and Underwriter of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each the Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeUnderwriter; provided provided, however, that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeUnderwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercisedexercised unless otherwise agreed in writing by the Company and the Underwriter. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Underwriter shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Underwriter for the account of each the Underwriter against payment by the several Underwriters through the Representative and Underwriter of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each the Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (RSP Permian, Inc.), Underwriting Agreement (RSP Permian, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, provided that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Paycom Software, Inc.), Underwriting Agreement (Paycom Software, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.a.m., New York City time, on the fourth full business day following the date of this Agreement March 10, 2015 or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time when the shares of Option Stock are to be delivered shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M.a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (ANTERO RESOURCES Corp), Underwriting Agreement
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 3 will expire 30 45 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Orchid Island Capital, Inc.), Underwriting Agreement (Orchid Island Capital, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 [10:00] A.M., New York City time, at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ L.L.P., ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 2500, Houston, Texas 77002, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives to or upon the order of the Company of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 [10:00] A.M., New York City time, at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ L.L.P., ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 2500, Houston, Texas 77002, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Frank's International N.V.), Underwriting Agreement (Frank's International N.V.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Option Stock Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercisedexercised unless otherwise agreed in writing by the Company and the Representatives. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and the Option Stock Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company and the Option Stock Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company and the Option Stock Selling Stockholders to or upon the order of the Company and the Option Stock Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Option Stock Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Option Stock Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (RSP Permian, Inc.), Underwriting Agreement (RSP Permian, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the that shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the applicable Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Applied Genetic Technologies Corp), Underwriting Agreement (Applied Genetic Technologies Corp)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 2 contracts
Sources: Underwriting Agreement (Sequenom Inc), Underwriting Agreement (Evercore Partners Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between among the Representative Representatives, the Company and the CompanySelling Stockholders. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices price of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders, as applicable, to the Company and the Selling Stockholders of their respective portion of the aggregate purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanySelling Stockholders. On the Option Stock Delivery Date, the Company Selling Stockholders shall deliver deliver, or cause to be delivered delivered, the Option Stock to the Representative Representatives, for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Option Stock being sold by the Company price thereof to or upon the order of the Company of the purchase price Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth second full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives, the Company and the CompanySelling Stockholder. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company Selling Stockholder to or upon the order of the Company Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts account(s) specified by the CompanySelling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter and the Selling Stockholder hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholder by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholder and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives, the Company and the CompanySelling Stockholder. On the each Option Stock Delivery Date, the Company Selling Stockholder shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholder to or upon the order of the Company Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter and the Selling Stockholder hereunder. The Company Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day; provided further that the Option Stock must be purchased within 30 calendar days of the purchase of the Firm Stock. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the number of shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. (a) Delivery of and payment for the Firm Stock shall be made at the offices of ▇▇▇▇▇, ▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, Fort Worth, Texas at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement February 21, 2008, or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to in this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the shares of Firm Stock through the facilities of DTC the Depositary Trust Company unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock and any Option Stock to be purchased and sold on the Initial Delivery Date shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Firm Stock and any such Option Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company of the purchase price and any Attorney-in-Fact, respectively, by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and any Attorney-in-Fact. Time shall be of the essence, and delivery or payment, as the case may be, at the time and place and in the manner specified pursuant to this Agreement is a further condition of the obligation several obligations of each Underwriter Underwriter, the Company and each Selling Stockholder hereunder. The Company and the Selling Stockholders, severally and not jointly, shall deliver or cause to be delivered the respective shares of Firm Stock and, if applicable, Option Stock to be sold by each of them through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Option Stockholder and the Company by the RepresentativeRepresentatives; provided that if such expiration date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time (i) shall be later than the Initial Delivery Date, and (ii) shall not be earlier than the Initial Delivery Date nor earlier than the second third business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Option Stockholder and/or the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Option Stockholder and/or the Company, as the case may be. On the Option Stock Delivery Date, the Company and/or the Option Stockholder, as the case may be, shall deliver or cause to be delivered delivered, severally and not jointly, the respective shares of Option Stock Stock, if any, to be sold by each of them to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the aggregate respective aggregate purchase prices of the Option Stock being sold by the Company to or upon Option Stockholder and/or the order of Company, as the Company of the purchase price case may be, by wire transfer in immediately available funds to the accounts respective account(s) specified by the Option Stockholder and/or the Company, as the case may be. Time shall be of the essence, and delivery and payment at the time and place and in the manner specified pursuant to this Agreement is a further condition of the obligation several obligations of each Underwriter Underwriter, the Option Stockholder and the Company hereunder. The Company Option Stockholder and/or the Company, as the case may be, severally and not jointly, shall deliver or cause to be delivered the respective shares of Option Stock Stock, if any, to be sold by each of them through the facilities of DTC unless the Representative Representatives shall otherwise instruct. Anything in this Agreement to the contrary notwithstanding, upon written instructions from any Attorney-in-Fact to the Representatives and the Custodian, there may be deducted from any amounts payable by the Underwriters to any Selling Stockholder pursuant to this Section 5 (a) such amounts as may be necessary to pay (or reimburse the Company for the payment of) the expenses that such Selling Stockholder has agreed to pay pursuant to Section 8 hereof or pursuant to the Custody Agreement and (b) in the event that any shares of Stock sold by such Selling Stockholder to the Underwriters are issued upon the exercise of stock options in respect of which notices of option exercise have been deposited with or otherwise delivered to the Custodian as contemplated by Section 2(e)(iii) hereof, such amounts as any Attorney-in-Fact may deem necessary to pay the exercise price of such options and to pay or provide for all taxes, duties, imposts or withholdings imposed or payable in connection therewith.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at such place as shall be determined by agreement among the Representatives and the Company, at 10:00 A.M., New York City time, on the fourth full business day Business Day (as defined in Section 15 hereof) following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial First Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire At any time on or before the 30 days after the date of this Agreement and Agreement, the option granted in Section 2 may be exercised in whole or in part from time to time in part by written notice being given by the Representatives to the Company by the RepresentativeCompany; provided that if such date falls on a day that is not a business dayBusiness Day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial First Delivery Date nor earlier than the second business day Business Day after the date on which the option shall have been exercised nor later than the fifth business day Business Day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock is delivered are delivered is sometimes referred to as an a “Option Stock Subsequent Delivery Date,” and the Initial First Delivery Date and any Option Stock Subsequent Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at the place specified in the first sentence of the first paragraph of this Section 4 (or at such other place as shall be determined by agreement among the Representatives and the Company) at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at each such other date or place as shall be determined by agreement between the Representative and the CompanySubsequent Delivery Date. On each such Subsequent Delivery Date to the Option Stock Delivery DateRepresentatives for the account of each Underwriter, the Company shall deliver or cause to be delivered the certificates representing the Option Stock to be purchased on such Subsequent Delivery Date to the Representative for the account of each Underwriter Underwriters against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company of and the purchase price Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the Representative; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and the Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company and the Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company of and the purchase price Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth [fourth] full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the respective accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in accordance with the provisions of the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Mattress Firm Holding Corp.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholder to or upon the order of the Company and the Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentative within such 30 day period; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of equity shares of Option Stock as to which the option is being exercised, the names in which the equity shares of Option Stock are to be registered, the denominations in which the equity shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the equity shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the equity shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and Underwriter of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each the Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeUnderwriter; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeUnderwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Underwriter shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and Underwriter of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each the Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth second full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Genstar Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Genstar Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company Genstar Selling Stockholders shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Genstar Selling Stockholders to or upon the order of the Company Genstar Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyGenstar Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Genstar Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.a.m., New York City time, on the fourth full third (or, if the purchase price set forth in Section 2 is determined after 4:30 p.m., New York City time, the fourth) business day following after the date of this Agreement Agreement, or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M.a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth second (third, if the pricing occurs after 4:30 P.M. (New York City time) on any given day) full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanyFirm Selling Stockholder. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices price of the Firm Stock being sold by the Company Firm Selling Stockholder to or upon the order of the Company Firm Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts account specified by the CompanyFirm Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Firm Selling Stockholder shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanySelling Stockholders. On the each Option Stock Delivery Date, the Company Selling Stockholders shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Skyward Specialty Insurance Group, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.the offices of Dewey Ballantine LLP, 1301 Avenue ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, New York City time▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇ ▇▇:▇▇ ▇.▇., ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇e, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “"Initial Delivery Date.” " Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Firm Stock being sold by the Company Firm Selling Stockholders to or upon the order of the Company of the purchase price Firm Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the CompanyFirm Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver Delivery of the Firm Stock shall be made through the facilities of DTC The Depository Trust Company unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Option Selling Stockholders by the RepresentativeRepresentatives; provided PROVIDED that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; providedPROVIDED, howeverHOWEVER, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock are delivered is are sometimes referred to as an “Option Stock Delivery Date"OPTION STOCK DELIVERY DATE,” " and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date"DELIVERY DATE.” " Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at the place specified in the first sentence of the first paragraph of this Section 5 (or at such other place as shall be determined by agreement between the Representatives and the Company) at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered . Delivery of the Option Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Option Stock being sold by the Company Option Selling Stockholders to or upon the order of the Company of the purchase price Option Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the CompanyOption Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Delivery of the Firm Stock shall deliver the Option Stock be made through the facilities of DTC The Depository Trust Company unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Phillips Van Heusen Corp /De/)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement [·], 2021, or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the each Option Stock Delivery Date, the Company shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth second full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option options granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares amount of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are is to be registered, the denominations in which the shares of Option Stock are is to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are is to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are is delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the such Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the each Option Stock Delivery Date, the Company shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the each Option Stock Delivery Date, the Company shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 9:00 A.M., New York City time, on the fourth second full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC the Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeAgreement; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. The option granted in Section 2 may be exercised in whole or from time to time in part by written notice being given to the Company by the Representatives. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 9:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Cardiovascular Systems Inc)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Underwriter for the account of each the Underwriter against payment by the several Underwriters through the Representative Underwriter and of the respective aggregate purchase prices of the Firm Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each the Underwriter hereunder. The Company Selling Stockholders shall deliver the Firm Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement Agreement, may be exercised solely for the purpose of covering over-allotments made in connection with the offering of the Firm Shares, and shall be exercised only to cover a short position at the time of exercise. The options may be exercised in whole or from time to time in part by written notice being given to the Company Selling Stockholders by the RepresentativeUnderwriter; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeUnderwriter, when the shares of Option Stock are to be delivered; provided, however, provided that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Underwriter shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. On the each Option Stock Delivery Date, the Company Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative Underwriter and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each the Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of Skadden, Arps, Slate, ▇▇▇▇▇▇▇ & ▇▇▇▇ LLP at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives, Sprint and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the respective accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and Sprint by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company Sprint and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at the offices of Skadden, Arps, Slate, ▇▇▇▇▇▇▇ & ▇▇▇▇ LLP at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanySprint. On the Option Stock Delivery Date, the Company Sprint shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices price of the Option Stock being sold by the Company Sprint to or upon the order of the Company Sprint of the purchase price by wire transfer in immediately available funds to the accounts account specified by the CompanySprint. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Sprint shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representative, the Company and the CompanySelling Stockholders. This date and time are sometimes referred to as the “"Initial Delivery Date.” " Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company Selling Stockholder to or upon the order of the Company of the purchase price Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement and payment to each Selling Stockholder is a further condition of the obligation of each Underwriter and Selling Stockholder, as applicable, hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock are delivered is are sometimes referred to as an “"Option Stock Delivery Date,” " and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “"Delivery Date.” " Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at the place specified in the first sentence of the first paragraph of this Section 5 (or at such other place as shall be determined by agreement between the Representative, the Company and the Selling Stockholders) at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, . Delivery of the Company Firm Stock shall deliver or cause to be delivered the Option Stock made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Firm Stock being sold by the Company Selling Stockholders to or upon the order of the Company of the purchase price Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement and payment to each Selling Stockholder is a further condition of the obligation of each Underwriter and Selling Stockholder, as applicable, hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company Selling Stockholders shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 [10:00] A.M., New York City time, on the fourth [third] full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Vestar Selling Stockholders and the Attorney-in-Fact by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company certain Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 [10:00] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company such Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company such Selling Stockholders to or upon the order of the Company such Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Companysuch Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Such Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 [ 🌑 ] A.M., New York City time, on the fourth second full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Each of the Selling Stockholders shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders subject to such option by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 [ 🌑 ] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company Selling Stockholders shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth [third] full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 [10:00] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (International Market Centers, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on , 2019 at the fourth full business day following the date offices of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in Federal or other immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The Company hereby confirms their engagement of Barclays Capital Inc. as, and Barclays Capital Inc. hereby confirms its agreement with the Company to render services as, a “qualified independent underwriter” within the meaning of FINRA Rule 5121 (“Rule 5121”) with respect to the offering and sale of the Securities. Barclays Capital Inc., solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the “QIU.”
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 [10:00] A.M., New York City time, on the fourth second (third, if the pricing occurs after 4:30 P.M. (New York City time) on any given day) full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and the Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 [10:00] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company and the Selling Stockholders shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Skyward Specialty Insurance Group, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second third business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at on or about 10:00 A.M., a.m. New York City time, on the fourth full business day following the date of this Agreement November 20, 2013, or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanySelling Stockholders. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part on one occasion by written notice being given to the Company Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each The date and time the shares of Option Stock are delivered is sometimes referred to as an the “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M.a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanySelling Stockholders. On the Option Stock Delivery Date, the Company Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of ▇▇▇▇▇, ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇, LLP, Boston, Massachusetts, at 10:00 A.M., New York City Eastern time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial "First Delivery Date.” " On the First Delivery of Date, the Company shall deliver or cause to be delivered the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds funds. The Company shall deliver the Firm Shares to ▇▇▇▇▇▇ Brothers Inc. through the facilities of the Depository Trust Company ("DTC") for the respective accounts specified by of the Companyseveral Underwriters. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver make the certificates representing the Firm Stock through available for inspection by the facilities of DTC unless Representatives in New York, New York, not later than 2:00 P.M., Eastern time, on the Representative shall otherwise instructbusiness day prior to the First Delivery Date. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business dayRepresentatives. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued exercised and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock are delivered is are sometimes referred to as an “Option Stock a "Subsequent Delivery Date,” " and the Initial First Delivery Date and any Option Stock Subsequent Delivery Date are sometimes each referred to as a “"Delivery Date.” ". Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date place specified in the corresponding notice described in first sentence of the preceding first paragraph of this Section 4 (or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company) at 10:00 A.M., Eastern time, on such Subsequent Delivery Date. On the Option Stock such Subsequent Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds funds. The Company shall deliver the Option Stock to ▇▇▇▇▇▇ Brothers Inc. through the facilities of DTC for the respective accounts specified by of the Companyseveral Underwriters. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver make the certificates representing the Option Stock through available for inspection by the facilities of DTC unless Representatives in New York, New York, not later than 2:00 P.M., Eastern time, on the Representative shall otherwise instructbusiness day prior to such Subsequent Delivery Date.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth second full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanySelling Stockholders. On the each Option Stock Delivery Date, the Company Selling Stockholders shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.a.m., New York City time, on the fourth full business day following the date of this Agreement December 19, 2024 or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Designated Underwriter for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Designated Underwriter shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeDesignated Underwriter; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeDesignated Underwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Designated Underwriter and the Company. On the each Option Stock Delivery Date, the Company shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Designated Underwriter for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Designated Underwriter shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth fifth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised only once (unless otherwise agreed to in whole or from time to time in part writing by the Company) by the Underwriters by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and Underwriter of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunderthe Underwriter. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeUnderwriter; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeUnderwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Underwriter shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative Underwriter and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each the Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Tercica Inc)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth [third] full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver Delivery of the Firm Stock shall be made through the facilities of DTC The Depository Trust Company unless the Representative ▇▇▇▇▇▇ Brothers Inc. and Bear, ▇▇▇▇▇▇▇ & Co. Inc. shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative▇▇▇▇▇▇ Brothers Inc. and Bear, ▇▇▇▇▇▇▇ & Co. Inc.; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative▇▇▇▇▇▇ Brothers Inc. and Bear, ▇▇▇▇▇▇▇ & Co. Inc., when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative ▇▇▇▇▇▇ Brothers Inc. and Bear, ▇▇▇▇▇▇▇ & Co. Inc. and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative ▇▇▇▇▇▇ Brothers Inc. and Bear, ▇▇▇▇▇▇▇ & Co. Inc. shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 9:00 A.M., New York City time, on the fourth second full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 9:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the each Option Stock Delivery Date, the Company shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.[10:00] a.m., New York City time, on the fourth second full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by [the Company and] the Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M.[10:00] a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, [the Company and] the Selling Stockholders shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by [the Company and] the Selling Stockholders to or upon the order of [the Company and] the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by [the CompanyCompany and] the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The [Company and the] Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.a.m., New York City time, on the fourth full business day following the date of this Agreement September 13, 2024 or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second first business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of any Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M.a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.a.m., New York City time, on the fourth full business day following the date of this Agreement July 15, 2024 or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second first business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M.a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Underwriter for the its account of each Underwriter against payment by the several Underwriters through the Representative and Underwriter of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each the Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Firm Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the RepresentativeUnderwriter; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeUnderwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercisedexercised unless otherwise agreed in writing by the Company and the Underwriter. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and the Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Underwriter shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Underwriter and the Company. On the each Option Stock Delivery Date, the Company and the Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative Underwriter for the account of each the Underwriter against payment by the several Underwriters through the Representative and Underwriter of the respective aggregate purchase prices of the Option Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each the Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Underwriter shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP, New York, New York, at 10:00 A.M., New York City Eastern time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial "FIRST DELIVERY DATE." On the First Delivery Date.” Delivery of , the Company and the Selling Stockholders shall deliver or cause to be delivered the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds funds. The Company and the Selling Stockholders shall deliver the Firm Stock to ▇▇▇▇▇▇ Brothers Inc. through the facilities of the Depository Trust Company ("DTC") for the respective accounts specified by of the Companyseveral Underwriters. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver make the certificates representing the Firm Stock through available for inspection by the facilities of DTC unless Representatives at such location as shall reasonably be requested by the Representative shall otherwise instructRepresentatives in New York, New York, not later than 2:00 P.M., Eastern time, on the business day prior to the First Delivery Date. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time in part by written notice being given to the Company Selling Stockholders and the Custodian by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business dayRepresentatives. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued exercised and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; providedPROVIDED, howeverHOWEVER, that this date and time shall not be earlier than the Initial First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock are delivered is are sometimes referred to as an “Option Stock Delivery Date,” a "SUBSEQUENT DELIVERY DATE" and the Initial First Delivery Date and any Option Stock Subsequent Delivery Date are sometimes each referred to as a “Delivery Date.” "DELIVERY DATE". Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date place specified in the corresponding notice described in first sentence of the preceding first paragraph of this Section 4 (or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company) at 10:00 A.M., Eastern time, on such Subsequent Delivery Date. On the Option Stock such Subsequent Delivery Date, each Custodian, on behalf of the Company respective Selling Stockholder, shall deliver or cause to be delivered the Option Stock being sold by such Selling Stockholder to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company each Selling Stockholder of the purchase price by wire transfer in immediately available funds funds. Each Custodian on behalf of each Selling Stockholder shall deliver the Option Stock to ▇▇▇▇▇▇ Brothers Inc. through the facilities of DTC for the respective accounts specified by of the Companyseveral Underwriters. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Custodian to each of the Selling Stockholders shall deliver make the certificates representing the Option Stock through available for inspection by the facilities of DTC unless Representatives in New York, New York, not later than 2:00 P.M., Eastern time, on the Representative shall otherwise instructbusiness day prior to such Subsequent Delivery Date.
Appears in 1 contract
Sources: Underwriting Agreement (CVC Inc)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “"Initial Delivery Date.” " Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “"Option Stock Delivery Date,” " and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “"Delivery Date.” " Delivery of the Option Stock by the Company and the Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company and the Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Option Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company of and the purchase price Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of ▇▇▇▇▇▇ Godward LLP, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial First Delivery Date.” On the First Delivery of Date, the Company (with respect to the Company Firm Stock) and each Selling Stockholder (with respect to the Selling Stockholder Firm Stock to be sold by such Selling Stockholder) shall deliver or cause to be delivered the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the Companyfunds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time in part by written notice being given to the Company and the Selling Stockholders by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business dayRepresentatives. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued exercised and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock are delivered is are sometimes referred to as an a “Option Stock Subsequent Delivery Date,” and the Initial First Delivery Date and any Option Stock Subsequent Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at the place specified in the first sentence of the first paragraph of this Section 5 (or at such other place as shall be determined by agreement between the Representatives and the Company) at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at each such other date or place as shall be determined by agreement between the Representative and the CompanySubsequent Delivery Date. On the Option Stock each such Subsequent Delivery Date, the Company each Selling Stockholder shall deliver or cause to be delivered the Option Stock to be purchased on such Subsequent Delivery Date to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company such Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the Companyfunds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.a.m., New York City time, on the fourth full business day following the date of this Agreement June 15, 2016 or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time when the shares of Option Stock are to be delivered shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M.a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the office of ____________________, ________________________, ________, ________ _____, at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the 10 Company. This date and time are sometimes referred to as the “Initial "First Delivery Date.” " On the First Delivery of Date, the Company shall deliver or cause to be delivered certificates representing the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer certified or official bank check or checks payable in immediately available funds to the accounts specified by the CompanyNew York Clearing House (next-day) funds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver Upon delivery, the Firm Stock through shall be registered in such names and in such denominations as the facilities Representatives shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of DTC unless expediting the Representative checking and packaging of the certificates for the Firm Stock, the Company shall otherwise instructmake the certificates representing the Firm Stock available for inspection by the Representatives in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the First Delivery Date. The option granted in Section 2 will expire 30 days At any time on or before the thirtieth day after the date of this Agreement and the option granted in Section 2 may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business dayRepresentatives. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock are delivered is are sometimes referred to as an “Option Stock the "Second Delivery Date,” " and the Initial First Delivery Date and any Option Stock the Second Delivery Date are sometimes each referred to as a “"Delivery Date.” "). Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at the place specified in the first sentence of the first paragraph of this Section 4 (or at such other place as shall be determined by agreement between the Representatives and the Company) at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the CompanySecond Delivery Date. On the Option Stock Second Delivery Date, the Company shall deliver or cause to be delivered the certificates representing the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer certified or official bank check or checks payable in immediately available funds to the accounts specified by the CompanyNew York Clearing House (next-day) funds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver Upon delivery, the Option Stock through shall be registered in such names and in such denominations as the facilities Representatives shall request in the aforesaid written notice. For the purpose of DTC unless expediting the Representative checking and packaging of the certificates for the Option Stock, the Company shall otherwise instructmake the certificates representing the Option Stock available for inspection by the Representatives in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the Second Delivery Date.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth second full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC the Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 hereof will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 hereof will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Four Corners Property Trust, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth second (third, if the pricing occurs after 4:30 P.M. (New York City time) on any given day) full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanyCompany and the Selling Stockholder. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholder to or upon the order of the Company and the Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholder shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company Selling Stockholder by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholder and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanySelling Stockholder. On the each Option Stock Delivery Date, the Company Selling Stockholder shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholder to or upon the order of the Company Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Skyward Specialty Insurance Group, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of M▇▇▇▇▇▇▇ & F▇▇▇▇▇▇▇ LLP, 1▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial First Delivery Date.” On the First Delivery of Date, the Company shall deliver or cause to be delivered the Firm Stock shall be made to through the Representative facilities of the Depository Trust Company (“DTC”) for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Companyfunds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver Upon delivery, the Firm Stock through shall be registered in such names and in such denominations as the facilities of DTC unless Representatives shall request in writing not less than two full business days prior to the Representative shall otherwise instructFirst Delivery Date. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock are delivered is are sometimes referred to as an a “Option Stock Second Delivery Date,” and the Initial First Delivery Date and any Option Stock Second Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at the place specified in the first sentence of the first paragraph of this Section 4 (or at such other place as shall be determined by agreement between the Representatives and the Company) at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the CompanySecond Delivery Date. On the Option Stock such Second Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to through the Representative facilities of the DTC for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Companyfunds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver Upon delivery, the Option Stock through shall be registered in such names and in such denominations as the facilities of DTC unless Representatives shall request in the Representative shall otherwise instructaforesaid written notice.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. The option options granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Digital Domain Media Group, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 [10:00] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth second (or third if the Applicable Time is after 4:30 P.M. (New York City time) on any given day) full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on May 28, 2014 at the fourth full business day following the date offices of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth [third] full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “"Initial Delivery Date.” " Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company of and the purchase price Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC the Depository Trust Company ("DTC") unless the Representative shall otherwise instruct. Upon delivery, the Company and the Selling Stockholders shall register the Firm Stock in such names and in such denominations as the Representative shall request in writing not less than two full business days prior to the Initial Delivery date. For the purpose of expediting the checking and packaging of the certificates for the Firm Stock, the Company and the Selling Stockholders shall make the certificates representing the Firm Stock available for inspection by the Representative in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the Initial Delivery Date. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the Representative; provided that if such date 30th day falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “"Option Stock Delivery Date,” " and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “"Delivery Date.” " Delivery of the Option Stock by the Company and the Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company and the Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company of and the purchase price Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct. Upon delivery, the Company and the Selling Stockholders shall register the Option Stock in such names and in such denominations as the Representative shall request in writing not less than two full business days prior to the Option Stock Delivery date. For the purpose of expediting the checking and packaging of the certificates for the Option Stock, the Company and the Selling Stockholders shall make the certificates representing the Option Stock available for inspection by the Representative in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the Option Stock Delivery Date.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth [fourth] full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the and denominations in which the shares of Option Stock are to be issued registered and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between among the Representative Representatives, the Selling Stockholders and the Company. On the Option Stock Delivery Date, the Company Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Thermon Group Holdings, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 [10:00] A.M., New York City time, on the fourth second full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholder to or upon the order of the Company and the Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.a.m., New York City time, on the fourth full business day following the date of this Agreement [·], 2014 or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company Selling Stockholders by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M.a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the CompanySelling Stockholders. On the each Option Stock Delivery Date, the Company Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full third (fourth, if the pricing occurs after 4:30 P.M. (New York City time) on any given day) business day following the date of this Agreement (unless postponed in accordance with the provisions of Section 9) or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. 1 93% of the public offering price. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the that shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the applicable Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement December 13, 2010 or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised only once in whole or from time to time in part part, by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on February 3, 2015 at the fourth full business day following the date offices of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of Cooley Godward LLP, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial First Delivery Date.” On the First Delivery of Date, the Company (with respect to the Company Firm Stock) and each Selling Stockholder (with respect to the Selling Stockholder Firm Stock to be sold by such Selling Stockholder) shall deliver or cause to be delivered the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the Companyfunds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time in part by written notice being given to the Company and the Selling Stockholders by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business dayRepresentatives. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued exercised and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock are delivered is are sometimes referred to as an a “Option Stock Subsequent Delivery Date,” and the Initial First Delivery Date and any Option Stock Subsequent Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at the place specified in the first sentence of the first paragraph of this Section 5 (or at such other place as shall be determined by agreement between the Representatives and the Company) at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at each such other date or place as shall be determined by agreement between the Representative and the CompanySubsequent Delivery Date. On the Option Stock each such Subsequent Delivery Date, the Company each Selling Stockholder shall deliver or cause to be delivered the Option Stock to be purchased on such Subsequent Delivery Date to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company such Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the Companyfunds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanySelling Stockholder. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices price of the Firm Stock being sold by the Company Selling Stockholder to or upon the order of the Company Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholder shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. In addition, subject to the sale of the Firm Stock by the Selling Stockholder to the Underwriters in compliance with the terms of this Agreement, payment of the aggregate purchase price of the Repurchase Shares shall be made by the Company to the Underwriters in immediately available funds to an account specified by the Representatives, against delivery of such Repurchase Shares for the account of the Company at the Initial Delivery Date. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company Selling Stockholder by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholder and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the CompanySelling Stockholder. On the each Option Stock Delivery Date, the Company Selling Stockholder shall deliver deliver, or cause to be delivered delivered, the Option Stock Stock, to the Representative Representatives for the account of each Underwriter Underwriter, against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholder to or upon the order of the Company Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Sun Country Airlines Holdings, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or and the Selling Stockholders upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option options granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company Selling Stockholders by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option options granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option options shall have been exercised nor later than the fifth business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.at
Appears in 1 contract
Sources: Underwriting Agreement (Rally Software Development Corp)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the office of Lehm▇▇ ▇▇▇thers Inc., 333 ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ 10:00 A.M., New York City time, on the fourth third full business day (unless otherwise permitted or required by the Commission pursuant to Rule 15c6-1 of the Exchange Act) following the 10 date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial "First Delivery Date.” " On the First Delivery of Date, the Company and the Selling Stockholders shall deliver or cause to be delivered certificates representing the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the Companyfunds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver Upon delivery, the Firm Stock through shall be registered in such names and in such denominations as the facilities Representatives shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of DTC unless expediting the Representative checking and packaging of the certificates for the Firm Stock, the Company and the Selling Stockholders shall otherwise instructmake the certificates representing the Firm Stock available for inspection by the Representatives in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the First Delivery Date. The option granted in Section 2 will expire 30 days At any time on or before the thirtieth day after the date of this Agreement and the option granted in Section 3 may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business dayRepresentatives. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each The date and time the shares of Option Stock are delivered is are sometimes referred to as an “Option Stock the "Second Delivery Date,” " and the Initial First Delivery Date and any Option Stock the Second Delivery Date are sometimes each referred to as a “"Delivery Date.” ". Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at the place specified in the first sentence of the first paragraph of this Section 5 (or at such other place as shall be determined by agreement between the Representatives and the Company) at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the CompanySecond Delivery Date. On the Option Stock Second Delivery Date, the Company shall deliver or cause to be delivered the certificates representing the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Companyfunds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver Upon delivery, the Option Stock through shall be registered in such names and in such denominations as the facilities Representatives shall request in the aforesaid written notice. For the purpose of DTC unless expediting the Representative checking and packaging of the certificates for the Option Stock, the Company shall otherwise instructmake the certificates representing the Option Stock available for inspection by the Representatives in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the Second Delivery Date.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement November 16, 2011, or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Hornbeck Offshore Services Inc /La)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option options granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Allscripts Healthcare Solutions Inc)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.a.m., New York City time, on the fourth full business day following the date of this Agreement May 15, 2015 or at such other date or place as shall be determined by agreement between the Representative Underwriters and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representative Underwriters for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company Selling Stockholder to or upon the order of the Company Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts account specified by the CompanySelling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Underwriters shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholder by the RepresentativeUnderwriters; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeUnderwriters, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company Selling Stockholder and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M.a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Underwriters and the CompanySelling Stockholder. On the each Option Stock Delivery Date, the Company Selling Stockholder shall deliver or cause to be delivered the Option Stock to the Representative Underwriters for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholder to or upon the order of the Company Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts account specified by the CompanySelling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the Representative Underwriters shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanyCompany and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company Selling Stockholders by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company Selling Stockholders to or upon the order of the Company Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the CompanySelling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M.a.m., New York City time, on the fourth third (3rd) full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. This date and time are sometimes referred to herein as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct. The option for the Option Stock granted in Section 2 will expire 30 thirty (30) days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the RepresentativeRepresentatives; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the RepresentativeRepresentatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second (2nd) business day after the date on which the option shall have been exercised nor later than the fifth (5th) business day after the date on which the option options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” ”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative Representatives shall be made at 10:00 A.M.a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative Representatives and the Company. On the applicable Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative Representatives for the account of each Underwriter against payment by the several Underwriters through the Representative and Representatives of the respective aggregate purchase prices price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative Representatives shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Pacira Pharmaceuticals, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of DTC unless the Representative shall otherwise instruct. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, provided that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representative shall otherwise instruct.
Appears in 1 contract
Sources: Underwriting Agreement (Ascent Solar Technologies, Inc.)
Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock by the Company shall be made at the office of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ L.L.P. at 10:00 A.M., New York City time, on the fourth third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Upon delivery, the Company, shall deliver register the Firm Stock through the facilities of DTC unless in such names and in such denominations as the Representative shall otherwise instructrequest in writing not less than two full business days prior to the Initial Delivery Date. The option granted in Section 2 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representative shall be made at the office of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ L.L.P. at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company Upon delivery, the Company, shall deliver register the Option Stock through the facilities of DTC unless in such names and in such denominations as the Representative shall otherwise instructrequest in writing not less than two full business days prior to the Initial Delivery Date.
Appears in 1 contract