Delivery of Funds. No later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall remit by wire transfer the amount of funds equal to the aggregate purchase price for the Units being purchased by the Investor to the following account designated by the Company and the Placement Agent pursuant to the terms of that certain Escrow Agreement (the “Escrow Agreement”) dated as of the date hereof, by and among the Company, the Placement Agent and JPMorgan Chase Bank, N.A. (the “Escrow Agent”): JPMorgan Chase Bank, N.A. ABA # 000000000 Account Name: QuickLogic Corporation Account Number: 806033411, Quick Logic Escrow Account Attention: Xxxxxx Xxxxx Tel: (000) 000-0000 Such funds shall be held in escrow until the Closing and delivered by the Escrow Agent on behalf of the Investors to the Company upon the satisfaction, in the sole judgment of the Placement Agent, of the conditions set forth in Section 3.2(b) hereof. The Placement Agent shall have no rights in or to any of the escrowed funds, unless the Placement Agent and the Escrow Agent are notified in writing by the Company in connection with the Closing that a portion of the escrowed funds shall be applied to the Placement Fee. The Company agrees to indemnify and hold the Escrow Agent harmless from and against any and all losses, costs, damages, expenses and claims (including, without limitation, court costs and reasonable attorneys fees) (“Losses”) arising under this Section 3.3 or otherwise with respect to the funds held in escrow pursuant hereto or arising under the Escrow Agreement, unless it is finally, judicially determined that such Losses resulted directly from the willful misconduct or gross negligence of the Escrow Agent. Anything in this Agreement to the contrary notwithstanding, in no event shall the Escrow Agent be liable for any special, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Agent has been advised of the likelihood of such loss or damage and regardless of the form of action.
Delivery of Funds. Regardless of local custom, requirements, or practice, upon delivery of the deed by the Seller to the Purchaser, the Purchaser shall deliver, or cause to be delivered, all funds due the Seller from the sale in the form of cash, bank check, certified check or wire transfer. An attorney's trust fund check shall not be sufficient to satisfy this provision unless the bank holding the account on which the trust fund check is drawn certifies the trust fund check.
Delivery of Funds. No later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall remit by wire transfer the amount of funds equal to the aggregate purchase price for the Shares and Warrants being purchased by the Investor to the following account designated by the Company: [***]
Delivery of Funds. Regardless of local custom or practice, Buyer shall deliver all funds due the Seller from the sale by wire transfer or in the form of cash, bank check, or certified check to the closing agent prior to delivery of the deed by the Seller to the Buyer.
Delivery of Funds. Once Settlement has been received by AFEX with respect to a Forward Contract or Option Contract, AFEX will deliver the funds in accordance with the Order or, if no such Delivery Instruction is provided, will credit Client’s Funding Balance.
Delivery of Funds. Subject to the terms and conditions of this ----------------- Agreement, on or before 9:15 a.m., New York City time, on the Closing Date, the Owner Participant shall deliver to the Owner Trust by wire transfer of immediately available funds an amount equal to any remaining Investment to be made by the Owner Participant on the Closing Date and the Pass Through Trustee, as a Loan Participant, shall deliver to the Owner Trust by wire transfer of immediately available funds an amount equal to the purchase price of the Secured Note to be purchased by the Pass Through Trustee, as a Loan Participant, on the Closing Date, in each case to the account of the Owner Trust specified in Schedule 1 or to such other account as shall be specified in writing by the Owner Trust to the Owner Participant and the Pass Through Trustee, as a Loan Participant, at least one Business Day prior to the Closing Date, which amounts shall be held by the Owner Trust in trust, solely on behalf of the Participant delivering or transferring such amount (and not as part of the Trust Estate), until such Participant shall have instructed the Owner Trust that such amount is available to be applied by the Owner Trust pursuant to Section 2.7. No Participant shall be obligated to deliver such instruction if the conditions to its participation set forth in Section 4 have not been met to its satisfaction or waived by it.
Delivery of Funds. Delivery by Electronic Book-Entry at The Depository Trust Company. No later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall remit by wire transfer the amount of funds equal to the aggregate purchase price for the Shares and Warrants being purchased by the Investor to the Placement Agent.
Delivery of Funds. The Lenders will make Advances by depositing the same to a disbursement account created by Borrower for such purpose, as instructed by Borrower from time to time (the “Disbursement Account”). The Disbursement Account shall be maintained at a nationally recognized bank reasonably acceptable to Agent Lender (JPMorgan Bank being hereby approved). Separate Deposit Account shall be established for the purpose of holding Excess Cash Flows, Lessor Contributions and Borrower’s general operating purposes (as provided in Section 4.5 hereof), including for completed Projects, and the funds in such Deposit Account shall not be commingled with funds in the development disbursement account. Pursuant to the Assignment of Accounts, Borrower has pledged and assigned to Agent Lender a security interest in the Disbursement Account as additional collateral for the Loan Obligations. Borrower will assist Agent Lender in obtaining an executed account control agreement from the depository bank holding the Disbursement Account for purposes of perfecting Lenders’ security interest in the Disbursement Account. Such a control agreement must be in place before any Advances of the Loan are made into the Disbursement Account. After the occurrence and during continuation of any Event of Default, the Lenders may, in their discretion, make Advances through a disbursing agent appointed by the Agent Lender at the Borrower’s expense, and any Advance to such agent will be deemed to be an Advance to the Borrower. The making of an Advance by the Lenders shall not constitute the Lenders’ approval or acceptance of the construction theretofore completed. The Lenders’ inspection and approval of the Plans and Specifications, the construction of the Improvements, or the workmanship and materials used therein, shall impose no liability or fiduciary duty of any kind on the Lenders, the sole obligation of the Lenders as the result of such inspection and approval being to make the Advances if, and to the extent, required by this Agreement. The Lenders have not undertaken and hereby disclaim any duty or responsibility to inspect the construction progress or to monitor the proper application by the General Contractor or others of funds disbursed pursuant hereto, on behalf of the Borrower, and the Borrower acknowledges and agrees that it must satisfy itself as to the status of construction, the workmanship and materials used therein, and the application of moneys by the General Contractor or others.
Delivery of Funds. (a) Delivery Versus Payment through The Depository Trust Company. The Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC. No later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at the Placement Agent to be credited with the Units being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.
Delivery of Funds. By NO LATER THAN NOON New York City time on January 4, 2019, wire the purchase price for the Securities to the Company using the wire transfer instructions below.
