Common use of Unit Payment and Delivery Clause in Contracts

Unit Payment and Delivery. (i) Closing shall be held on [____], 2020, or such other time not later than two (2) Trading Days (as defined herein) after such date as shall be agreed upon by the Placement Agent and the Company (such date of payment and delivery being herein called the “Closing Date”), at 10:00 a.m. eastern time at the offices of C▇▇▇▇ ▇▇▇▇▇▇, LLP (“Placement Agent Counsel”) located at 900 – 8▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇, or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Placement Agent and the Company. All such actions taken at the Closing shall be deemed to have occurred simultaneously. No Units which the Company has agreed to sell pursuant to this Agreement, or any other document the Placement Agent determines as necessary to consummate the Offering, shall be deemed to have been purchased and paid for, or sold by the Company, until such Units shall have been delivered to the Investor thereof against payment therefore by such Investor as set forth in the Securities Purchase Agreement or as otherwise requested in writing by the Placement Agent. If the Company shall default in its obligations to deliver the Units to an Investor whose offer it has accepted and whose payment was collected, the Company shall indemnify and hold the Placement Agent harmless against any loss, claim or damage incurred by the Placement Agent arising from or as a result of such default by the Company. (ii) On the Closing Date, the Company shall: (A) cause the Transfer Agent (as defined herein) to deliver to the Investors on an expedited basis via The Depository Trust Company Deposit or Withdrawal at Custodian system (“DWAC”) the Common Shares equal to the number of Class A Units purchased by the Investors;.

Appears in 1 contract

Sources: Placement Agency Agreement (BriaCell Therapeutics Corp.)

Unit Payment and Delivery. (i) The Closing shall be held on [____], 2020, or such other time not later than two (2) Trading ten Business Days (as defined herein) after such date as shall be agreed upon by the Placement Agent and the Company (such date of payment and delivery being herein called the “Closing Date”), at 10:00 a.m. eastern time at the offices of CG▇▇▇▇▇▇▇▇ T▇▇▇▇▇▇, LLP (“Placement Agent Counsel”) located at 900 – 81▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇, or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Placement Agent and the Company. All such actions taken at the Closing shall be deemed to have occurred simultaneously. No Units which the Company has agreed to sell pursuant to this Agreement, or any other document the Placement Agent determines as necessary to consummate the Offering, shall be deemed to have been purchased and paid for, or sold by the Company, until such Units shall have been delivered to the Investor thereof against payment therefore by such Investor as set forth in the Securities Purchase Agreement or as otherwise requested in writing by the Placement AgentInvestor. If the Company shall default in its obligations to deliver the Units to an Investor whose offer it has accepted and whose payment was collected, the Company shall indemnify and hold the Placement Agent harmless against any loss, claim or damage incurred by the Placement Agent arising from or as a result of such default by the Company. (ii) On the Closing Date, the Company shall: shall deliver the certificates (Ain form and substance satisfactory to the Placement Agent) cause representing the Transfer Agent Units (as defined hereinor through the facilities of DTC) to deliver the Investors. The Units shall be registered in such name or names and in such authorized denominations as the Placement Agent may request in writing at least two (2) full Business Days prior to the Investors on an expedited basis via Closing Date. The Depository Trust Company Deposit shall not be obligated to sell or Withdrawal at Custodian system (“DWAC”) deliver the Common Shares equal to the number Units except upon tender of Class A Units purchased payment by the Investors;Placement Agent for all of the Units. The term “Business Day” shall mean any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Sources: Placement Agency Agreement (Biovie Inc.)