Common use of Initial Shares Clause in Contracts

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours’ prior notice. Upon request of the Representatives, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of ▇▇▇▇▇ Fargo Securities, LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 2 contracts

Sources: Underwriting Agreement (CapLease, Inc.), Underwriting Agreement (CapLease, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time (as defined below) with respect thereto at the office of Friedman, Billings, R▇▇▇▇▇ Fargo Securities& Co., LLCInc., 1▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 2 contracts

Sources: Underwriting Agreement (Specialty Underwriters Alliance, Inc.), Underwriting Agreement (Specialty Underwriters Alliance, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours’ prior notice. Upon request of the Representatives, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of ▇▇▇▇▇ Fargo Securities, LLCCitigroup Global Markets Inc., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (CapLease, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least 48 hourstwo full business days’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives Representative by the Company upon at least 48 hourstwo full business days’ prior notice. Upon request of the Representatives, the The Company will use commercially reasonable efforts to cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours one full business day’s prior to the Initial Closing Time with respect thereto at the office of Friedman, Billings, R▇▇▇▇▇ Fargo Securities& Co., LLC, 1▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodiancustodian or such other location as the parties may agree, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (Midlantic Office Trust, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 forty- eight hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-same- day) funds to the account specified in writing to the Representatives by the Company upon at least 48 forty-eight hours' prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 twenty-four hours prior to the Initial Closing Time with respect thereto at the office of the Representatives, 1001 ▇▇/▇▇▇ Fargo Securities, LLC, ▇▇▇ ▇▇▇▇▇ ▇/ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which any such payment and delivery are actually made is hereinafter sometimes called the “Initial "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery." The closing of the sale and purchase of the Shares, other than the physical delivery of the Shares, shall be held at the offices of ▇▇▇▇▇▇ & Bird LLP, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇/▇▇/ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇-▇▇▇▇.

Appears in 1 contract

Sources: Underwriting Agreement (Bankatlantic Bancorp Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours’ hours prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇ Fargo Securities, LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. LLC, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery of the Shares are actually made is hereinafter sometimes called the “Initial Closing Time” and the date of delivery of both the Initial Shares and the Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇ Fargo SecuritiesWachovia Capital Markets, LLC, 3▇▇ ▇▇▇▇▇ . ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives Representative by the Company upon at least 48 hours’ hours prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇▇, ▇▇▇▇▇▇▇Fargo Securities& Company, LLCIncorporated, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company). The time at which such payment and delivery of the Shares are actually made is hereinafter sometimes called the “Initial Closing Time,” and the date of delivery of the both the Initial Shares and the Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least 48 forty-eight hours' prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company ("DTC") for the account of such 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 in writing to the Representatives Representative by the Company upon at least 48 forty-eight hours' prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 twenty-four hours prior to the Initial Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇ Fargo Securities& ▇▇▇▇ LLP, LLC, ▇▇▇ ▇▇▇▇▇ . ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇.▇▇▇ . ▇▇▇▇▇▇▇▇ ▇-▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourthJanuary 29, if pricing occurs after 4:00 p.m., New York City time) business day after the date hereof (unless another 2001 or on such other time and date shall be agreed to by as the Representatives Company and the Company)Representative may agree upon in writing. The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Sources: Underwriting Agreement (Annaly Mortgage Management Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of Friedman, Billings, ▇▇▇▇▇▇ Fargo Securities, LLC& Co., ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (Capital Lease Funding Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least 48 hourstwo business days’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives Representative by the Company upon at least 48 hourstwo business days’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours one business day, but in no event less than twenty-four hours, prior to the Initial Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇ Fargo Securitiesthe Representative, LLC, ▇5▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Midwest Banc Holdings Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours not later than 1:00 p.m. New York City time on the business day prior to the Initial Closing Time (as defined below) with respect thereto at the office of FBR Capital Markets & Co., ▇▇▇▇ Fargo Securities, LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing the determination of the purchase price of the Initial Shares occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time and date at which such delivery and payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (Orion Marine Group Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company ("DTC") for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours' prior notice. Upon request of the Representatives, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of ▇▇▇▇▇ Fargo Securities, Wachovia Capital Markets LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇330 South College Street, ▇▇Ch▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇ its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the "Initial Closing Time."

Appears in 1 contract

Sources: Underwriting Agreement (Capital Lease Funding Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 forty-eight hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company upon at least 48 forty-eight hours’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 twenty-four hours prior to the Initial Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇ Fargo SecuritiesFBR, LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Thomas Properties Group Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company ("DTC") for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours' prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇ Fargo SecuritiesWachovia Capital Markets, LLC, ▇▇▇ 7 St. Paul Street, 1st Floor, Baltimore, Maryland 21202, or at the o▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least 48 hours' prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company ("DTC") for the account of such 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 in writing to the Representatives Representative by the Company upon at least 48 hours' prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time (as hereinafter defined) with respect thereto at the office of the Representative, ▇▇▇▇ Fargo Securities, LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial "Closing Time" and the date of delivery of the Initial Shares and, if applicable, the Option Shares, is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Sources: Underwriting Agreement (Feldman Mall Properties, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least 48 hourstwo business days’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives Representative by the Company upon at least 48 hourstwo business days’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours one business day prior to the Initial Closing Time (as defined below) with respect thereto at the office of ▇▇the Representative, 1▇▇▇ Fargo Securities, LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Midwest Banc Holdings Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives Representative by the Company upon at least 48 hours’ prior notice. Upon request of the RepresentativesRepresentative, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of W▇▇▇▇ Fargo Securities, LLC, 3▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (CapLease, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours’ hours prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇ Fargo Securities, LLCCitigroup Global Markets Inc., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery of the Shares are actually made is hereinafter sometimes called the “Initial Closing Time”, and the date of delivery of the both the Initial Shares and the Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives Representative by the Company upon at least 48 hours’ hours prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time (as defined below) with respect thereto at the office of ▇▇▇Deutsche Bank Securities Inc., ▇▇ Fargo Securities, LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time” and the date of delivery of both the Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of Friedman, Billings, ▇▇▇▇▇▇ Fargo Securities& Co., LLCInc., ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (Capital Lease Funding Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hourstwo full business days’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by Federal Funds wire transfer of Federal (same-day) funds to the account specified in writing to the Representatives by the Company upon at least 48 hourstwo business days’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours one business day prior to the Initial Closing Time (as hereinafter defined) with respect thereto at the office of ▇▇▇▇▇ Fargo Securities, LLCCitigroup Global Markets Inc., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time” and the date of delivery of the Initial Shares and, if applicable, the Option Shares, is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Highland Hospitality Corp)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, form and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least 48 hours’ hours prior notice to the Company Company, shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal federal (same-day) funds to the account specified in writing to the Representatives Representative by the Company Company, upon at least 48 hours’ hours prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time (as defined below) with respect thereto at the office of the Representative, ▇▇▇▇ Fargo Securities, LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time,” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Bimini Mortgage Management Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company upon at least 48 hours’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇ Fargo SecuritiesWachovia Capital Markets, LLC, 7 ▇▇▇ ▇▇▇▇▇ ▇▇▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇1st Floor, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇Baltimore, Maryland 21202, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hourstwo full business days’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by Federal Funds wire transfer of Federal (same-day) funds to the account specified in writing to the Representatives by the Company upon at least 48 hourstwo business days’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours one business day prior to the Initial Closing Time (as hereinafter defined) with respect thereto at the office of Bear, ▇▇▇▇▇▇▇ Fargo Securities& Co. Inc., LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time” and the date of delivery of the Initial Shares and, if applicable, the Option Shares, is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Highland Hospitality Corp)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least 48 forty-eight hours’ prior notice to the Company and the Selling Shareholder, shall be delivered by or on behalf of the Company and the Selling Shareholder to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) immediately available funds to the account or accounts specified in writing to the Representatives Representative by the Company and the Selling Shareholder, upon at least 48 forty-eight hours’ prior notice. Upon request of the Representatives, the The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 twenty-four hours prior to the Initial Closing Time with respect thereto (as defined below) at the office of the Representative, ▇▇▇▇ Fargo Securities, LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to in writing by the Representatives Representative and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (Placer Sierra Bancshares)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least 48 hours’ prior notice to the Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such 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 in writing to the Representatives by the Company and each of the Selling Stockholders, upon at least 48 hours’ prior notice. Upon request of the Representatives, the The Company will cause the any certificates representing the Initial Shares to be made available for checking and packaging at least 24 forty-eight hours prior to the Initial First Closing Time Date (as defined below) with respect thereto at the office of Friedman, Billings, ▇▇▇▇▇▇ Fargo Securities& Co., LLCInc., ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:00 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time and date at which such payment and delivery are actually made is hereinafter sometimes called the “Initial First Closing TimeDate.”

Appears in 1 contract

Sources: Underwriting Agreement (JER Investors Trust Inc)