Delivery of the Warrants Sample Clauses

Delivery of the Warrants. (a) The Warrants to be purchased by each Underwriter hereunder will be represented by one or more definitive global securities in book-entry form which will be deposited by or on behalf of the Company with The Depository Trust Company (“DTC”) or its designated custodian. The Company will deliver the Warrants to ▇▇▇▇▇▇▇, Sachs & Co., for the account of each Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified by the Company to ▇▇▇▇▇▇▇, ▇▇▇▇▇ & Co. at least forty-eight hours in advance, by causing DTC to credit the Warrants to the account of ▇▇▇▇▇▇▇, Sachs & Co. at DTC. The Company will cause the global security or securities, as applicable, representing the Warrants to be made available to ▇▇▇▇▇▇▇, ▇▇▇▇▇ & Co. for checking at least twenty-four hours prior to each Time of Delivery at the office of DTC or its designated custodian (the “Designated Office”). The time and date of such delivery and payment shall be with respect to the Warrants, at 9:30 a.m., New York City time, on September 28, 2010 or such other time and date as the Representative and the Company may agree upon in writing, such time and date is herein called the “Time of Delivery.” (b) The documents to be delivered at the Time of Delivery by or on behalf of the parties hereto pursuant to Section 8 hereof, including the cross-receipt for the Warrants and any additional documents requested by the Underwriters pursuant to Section 8(k) hereof, will be delivered at the offices of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (the “Closing Location”), and the Warrants will be delivered at the Designated Office, all at the Time of Delivery. A meeting will be held at the Closing Location at 1:00 p.m., New York City time, on the New York Business Day next preceding the Time of Delivery, at which meeting the final drafts of the documents to be delivered pursuant to the preceding sentence will be available for review by the parties hereto. For the purposes of this Section 4, “New York Business Day” shall mean each Monday, Tuesday, Wednesday, Thursday and Friday which is not a day on which banking institutions in New York City are generally authorized or obligated by law or executive order to close.

Delivery of the Warrants. At the Closing, subject to the terms and conditions hereof, the Company will deliver to each Purchaser a Warrant or Warrants, in such denominations and registered in such names as such Purchaser may designate by notice to the Company, an instrument representing the Warrants, dated as of the Closing Date (each such instrument, a “Certificate”), against payment of the purchase price therefor by cash in the form of wire transfer, unless other means of payment shall have been agreed upon by the Purchasers and the Company.

Delivery of the Warrants. This Agreement authorizes the initial issuance of 3,000,000 Warrants which amount is subject to increase as provided in Section 3. 1. On the Closing Date (as defined in the Credit Agreement), the Corporation shall issue to NationsBank in connection therewith (but detachable therefrom) a Warrant Certificate for 3,000,000 Warrants. If Additional Warrants become authorized under Section 3.1, the Corporation shall promptly issue and deliver to NationsBank a Warrant Certificate for the Additional Warrants.

Delivery of the Warrants. The Warrant Agreements shall have been duly executed and delivered by the Company and the Warrant Shares shall have been duly authorized for issuance upon exercise of the Warrants.

Delivery of the Warrants. One business day prior to the Closing Date, the Representative shall provide the Company with a list of investors to which the Underwriters allocated Warrants pursuant to the public offering contemplated by this Agreement (the “Allocation List”). The Allocation List shall specify the name, address and number of Warrants to be sold to each such investor. In lieu of delivering the Warrants to the Representative, on the Closing Date, the Company shall deliver the Warrants by mailing the respective number of Warrants to each investor in accordance with the Allocation List through a U.S. nationally recognized overnight courier service. If the Company, upon the instruction of the Representative, registers any Warrant in the name of any person or entity to which the Representative intends to sell such Warrant, then the Representative shall have the right to thereafter, but prior to the Closing Date, request the re-registration of such Warrant (and the Company shall be required to re-register such Warrant) in the name of any other person or entity (it being understood that such re-registration is intended to permit the Representative to resell such Warrant in the event that the person or entity to which the Representative originally intended to sell such Warrant shall fail to pay the purchase price of such Share and accompanying Warrant.

Delivery of the Warrants. The Warrants have been delivered to the Company at the Closing Date.