Common use of The First Closing Date Clause in Contracts

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. New York City time, on November 24, 2021, or such other time and date not later than 1:30 p.m. New York City time, on December 15, 2021, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

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The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of X.X. Xxxxxx & Securities LLC, 000 Xxxxxxx LLP, 00000 Xxxx Xxxxx XxxxxXxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24August 15, 20212016, or such other time and date not later than 1:30 p.m. New York City time, on December 15August 29, 2021, 2016 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx1000 Xxxxxx xx xxx Xxxxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx, 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24April 21, 20212023, or such other time and date not later than 1:30 p.m. New York City time, on December 15April 21, 2021, 2023 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (TELA Bio, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24February 3, 20212015, or such other time and date not later than 1:30 p.m. New York City time, on December 15February 18, 20212015, as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx XxxxxXxxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24April 3, 20212018, or such other time and date not later than 1:30 p.m. New York City time, on December 15April 17, 2021, 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxx Xxxx & Xxxxxxx Xxxxxxxx LLP, 00000 Xxxx 0000 Xx Xxxxxx Xxxx, Xxxxx Xxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. New York City time, on November 24May 25, 20212018, or such other time and date not later than 1:30 p.m. New York City time, on December 15June 8, 2021, 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section Sections 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ardelyx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Ropes & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 Gxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24October 16, 20212020, or such other time and date not later than 1:30 p.m. p.m., New York City time, on December 15October 30, 2021, 2020 as the Representatives shall designate by notice to the Company that shall not be earlier than one nor later than three full business days after the delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ocular Therapeutix, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx 000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx, Xxx XxxxxXxxxxxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24February 14, 20212017, or such other time and date not later than 1:30 p.m. New York City time, on December 15February 14, 2021, 2017 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Sierra Oncology, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November July 24, 20212018, or such other time and date not later than 1:30 p.m. New York City time, on December 15August 7, 2021, 2018 as the Representatives Representative shall designate by notice to the Company and shall not be earlier than one nor later than three full business days after delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Zynerba Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx Hxxxxx and Bxxxx, LLP, 00000 Xxxx Xxxxx 30 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 a.m. New York City Eastern time, on November 24December 7, 2021, or such other time and date not later than 1:30 1:00 p.m. New York City Eastern time, on December 157, 2021, as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Esperion Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP, 00000 12670 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or xx such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. (New York City time), on November 24April 10, 20212023, or such other time and date not later than 1:30 p.m. (New York City time), on December 15April 10, 2021, 2023 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Protagonist Therapeutics, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters by electronic book entry through the facilities of The Depository Trust Company (“DTC”) to the account specified by the Representatives and payment therefor shall be made at the offices of Xxxxxx O’Melveny & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 Mxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 2422, 20212016, or such other time and date not later than 1:30 p.m. New York City time, on December 156, 20212016, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Sterling Bancorp)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxx Xxxx & Xxxxxxx Xxxxxxxx LLP, 00000 Xxxx 0000 Xx Xxxxxx Xxxx, Xxxxx Xxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. New York City time, on November 24December 9, 20212019, or such other time and date not later than 1:30 p.m. New York City time, on December 1523, 2021, 2019 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section Sections 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ardelyx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP, 00000 10000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24September 25, 20212017, or such other time and date not later than 1:30 p.m. New York City time, on December 15October 9, 2021, 2017 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLPMintz, 00000 Xxxx Xxxxx XxxxxLxxxx, Xxx XxxxxCxxx, Xxxxxxxxxx 00000 Fxxxxx, Gxxxxxx and Pxxxx, P.C. (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24January 25, 20212024, or such other time and date not later than 1:30 p.m. New York City time, on December 15January 25, 2021, 2024 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11Sections 11 and 19.

Appears in 1 contract

Samples: Underwriting Agreement (Adicet Bio, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 000 Xxxx Xxxxx Xxxxxx Xxxxx, Xxx 00xx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24March 1, 2021, or such other time and date not later than 1:30 p.m. New York City time, on December March 15, 2021, 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11Sections 11 and 19.

Appears in 1 contract

Samples: Underwriting Agreement (Green Plains Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 Cxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24December 18, 20212023, or such other time and date not later than 1:30 p.m. p.m., New York City time, on December 15January 3, 2021, 2024 as the Representatives shall designate by notice to the Company that shall not be earlier than one nor later than three full business days after the delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ocular Therapeutix, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24[●], 2021, or such other time and date not later than 1:30 p.m. New York City time, on December 15[●], 2021, 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Reneo Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and Firm Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Ropes & Xxxxxxx Gray LLP, 00000 Xxxx Xxxxx Xxxxx000 Xxxxxxxx Xxxxxx, Xxx XxxxxXxxxxx, Xxxxxxxxxx Xxxxxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24September 15, 20212022, or such other time and date not later than 1:30 p.m. New York City time, on December September 15, 2021, 2022 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Codiak BioSciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and the Pre-Funded Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx & Xxxxxxx LLP, 00000 Pxxxxxxxx Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 and Dxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24October 27, 20212020, or such other time and date not later than 1:30 p.m. New York City time, on December 15November 10, 2021, 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section ‎Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Milestone Pharmaceuticals Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx0000 Xxxxxx xx xxx Xxxxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx, 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24January 8, 2021, 2024 or such other time and date not later than 1:30 p.m. New York City time, on December 15January 23, 2021, 2024 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Keros Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx000 Xxxxxxxxxx Xxxxxx, Xxx XxxxxXxxxxxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. New York City [10:00] A.M. Eastern time, on November 24[•], 20212018, or such other time and date not later than 1:30 p.m. New York City [•] P.M. Eastern time, on December 15[•], 2021, 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of [Section 11].

Appears in 1 contract

Samples: Underwriting Agreement (Evofem Biosciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxx Xxxxxxx & Xxxxxxx LLPXxxxxxxx, 00000 Xxxx Xxxxx Xxxxx000 Xxxxxxxxx Xxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 a.m. a.m., New York City time, on November 24___________, 2021, 1997 or such other time and date not later than 1:30 p.m. 10:00 a.m. New York City time, time on December 15, 2021the seventh business day thereafter, as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Friendly Ice Cream Corp)

The First Closing Date. Delivery of certificates for the Firm Shares and certificates of the Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx X.X. Xxxxxxxxxx & Xxxxxxx LLPCo., 00000 LLC, 000 Xxxx Xxxxx Xxxxxx, 0xx Xxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24January 25, 20212017, or such other time and date not later than 1:30 p.m. New York City time, on December 15, 2021, as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1111 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Pluristem Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Jefferies, 000 Xxxxxxx LLP, 00000 Xxxx Xxxxx XxxxxXxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24September 15, 20212010, or such other time and date not later than 1:30 p.m. New York City time, on December September 15, 2021, 2010 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company and the Selling Stockholders hereby acknowledges acknowledge that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company Company, the Selling Stockholders or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Radiant Systems Inc)

The First Closing Date. Delivery by electronic book-entry of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx0000 Xxxxxx xx xxx Xxxxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. New York City Eastern time, on November 24September 14, 20212018, or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on December 15September 24, 2021, 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Pacific Biosciences of California, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx Pxxx Xxxxxxxx LLP, 00000 The MetLife Building, 200 Xxxx Xxxxx XxxxxXxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24January 23, 20212024, or such other time and date not later than 1:30 p.m. New York City time, on December 15January 23, 2021, 2024 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11Sections 10 and 18.

Appears in 1 contract

Samples: Underwriting Agreement (Esperion Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 12670 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24[●], 20212018, or such other time and date not later than 1:30 p.m. New York City time, on December 15[●], 2021, 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Synthorx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares ADSs to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx1000 Xxxxxx xx xxx Xxxxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24, 2021[ ● ], or such other time and date not later than 1:30 p.m. New York City time, on December 15[ ● ], 2021, 2024 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Telix Pharmaceuticals LTD)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 000 Xxxx Xxxxx Xxxxxx Xxxxx, Xxx 00xx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24March 1, 2021, or such other time and date not later than 1:30 p.m. New York City time, on December March 15, 2021, 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.Sections 11 and 19. 15

Appears in 1 contract

Samples: Underwriting Agreement (Green Plains Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24August 18, 2021, 2020 or such other time and date not later than 1:30 p.m. New York City time, on December 15September 1, 2021, 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Equillium, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24[·], 20212014, or such other time and date not later than 1:30 p.m. New York City timetime , on December 15[·], 2021, 2014 as the Representatives shall designate by notice to the Company and shall not be earlier than one hour later than three full business days after delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1111 and Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (Zoe's Kitchen, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and Firm Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx0000 Xxxxxx xx xxx Xxxxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 a.m. New York City Eastern time, on November 24September 25, 20212018, or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on December 15October 5, 20212018, as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ur-Energy Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Jefferies, 000 Xxxxxxx LLP, 00000 Xxxx Xxxxx XxxxxXxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24[ ], 2021, 2012 or such other time and date not later than 1:30 p.m. New York City time, on December 15[ ], 2021, 2012 as the Representatives shall designate by notice to the Company and shall not be earlier than one nor later than three full business days after delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Edgen Group Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24October 29, 20212013, or such other time and date not later than 1:30 p.m. New York City time, on December 15November 12, 20212013, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP, 00000 10000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. (New York City time), on November June 24, 20212019, or such other time and date not later than 1:30 p.m. (New York City time), on December 15July 9, 2021, 2019 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Cryoport, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24September 21, 20212015, or such other time and date not later than 1:30 p.m. New York City time, on December 15October 6, 20212015, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares ADSs to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx 000 Xxxxx XxxxxXxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24[·], 20212011, or such other time and date not later than 1:30 p.m. New York City time, on December 15[·], 2021, 2011 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company and the Selling Shareholders hereby acknowledges acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company Company, the Selling Shareholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Luxfer Holdings PLC)

The First Closing Date. Delivery of certificates the book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 [9:00] a.m. New York City time, on November 24[•], 20212019, or such other time and date not later than 1:30 p.m. New York City time, on December 15, 2021, [the date that is 10 business days following the initial contemplated closing] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Liquidia Technologies Inc)

The First Closing Date. Delivery of certificates book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx000 Xxxxxxxxxx Xxxxxx, Xxx XxxxxXxxxxxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. A.M. New York City time, on November 24June 5, 20212020, or such other time and date not later than 1:30 p.m. P.M. New York City time, on December 15June 19, 2021, 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Evofem Biosciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Shearman & Xxxxxxx Sterling LLP, 00000 Xxxx Xxxxx Xxxxxlocated at 000 Xxxxxxxxx Xxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. 9:00 a.m., New York City time, on November 24, 20212004, or such other time and date not later than 1:30 p.m. 9:00 a.m., New York City time, on December 15, 20212004, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Gander Mountain Co)

The First Closing Date. Delivery of book-entry certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxx Xxxxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx0000 Xxxxxx xx xxx Xxxxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24April 19, 20212017, or such other time and date not later than 1:30 p.m. New York City time, on December 15April 19, 2021, 2017 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Sorrento Therapeutics, Inc.)

The First Closing Date. Delivery of certificates the book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 [9:00] a.m. New York City time, on November 24[●], 20212018, or such other time and date not later than 1:30 p.m. New York City time, on December 15, 2021, [the date that is 10 business days following the initial contemplated closing date] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (UroGen Pharma Ltd.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx0000 Xxxxxxxx Xxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 [ ] [a.m. / p.m.] New York City time, on November 24[ ], 20212014, or such other time and date not later than 1:30 [ ] p.m. New York City time, on December 15[ ], 2021, 2014 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Five Prime Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx0000 Xxxxxx xx xxx Xxxxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24[·], 20212017, or such other time and date not later than 1:30 p.m. New York City time, on December 15[·], 2021, 2017 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (OptiNose, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxxxx Xxxxxxxxx Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November January 24, 20212017, or such other time and date not later than 1:30 p.m. New York City time, on December 15January 24, 2021, 2017 as the Representatives shall designate by notice to the Company and shall not be earlier than one nor later than three full business days after delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Zynerba Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24March 3, 20212015, or such other time and date not later than 1:30 p.m. New York City time, on December 15March 17, 2021, 2015 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Lion Biotechnologies, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Ropes & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 Gxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24December 18, 20212020, or such other time and date not later than 1:30 p.m. p.m., New York City time, on December 15January 25, 2021, 2021 as the Representatives shall designate by notice to the Company that shall not be earlier than one nor later than three full business days after the delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ocular Therapeutix, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Cxxxxxxxx & Xxxxxxx Bxxxxxx LLP, 00000 Xxxx Xxxxx XxxxxThe New York Times Building, 600 Xxxxxx Xxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. New York City Eastern time, on November 24July 16, 2021, 2021 or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on December 15July 30, 2021, 2021 or as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Celldex Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and Pre-Funded Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLPMintz, 00000 Xxxx Xxxxx XxxxxLevin, Xxx XxxxxCohn, Xxxxxxxxxx 00000 Ferris, Glovsky and Popeo, P.C. (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November February 24, 20212020, or such other time and date not later than 1:30 p.m. pm New York City time, on December 15February 24, 2021, 2020 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Axovant Gene Therapies Ltd.)

The First Closing Date. Delivery of certificates for The closing with respect to the Firm Shares to be purchased by the Underwriters and payment therefor Debentures shall be made held at the offices of Xxxxxx Xxxxx Xxxx & Xxxxxxx LLPXxxxxxxx, 00000 Xxxx Xxxxx Xxxxx000 Xxxxxxxxx Xxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesInitial Purchasers) at 10:00 a.m. New York City time, on November 24June 25, 2021, 2004 (unless postponed in accordance with Section 10) or such other time and date not later than 1:30 p.m. 10:00 a.m. New York City time, on December 15July 6, 2021, 2004 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus Offering Memorandum or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Labone Inc/

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx XxxxxThe New York Times Building, 000 Xxxxxx Xxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City Eastern time, on November 24October 1, 20212018, or such other time and date not later than 1:30 p.m. New York City Eastern time, on December 15October 11, 2021, 2018 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are is called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Veru Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Latham & Xxxxxxx LLPXxxkinx XXX, 00000 12670 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such xx xuch other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. (New York City time), on November 24December 15, 20212020, or such other time and date not later than 1:30 p.m. (New York City time), on December 1529, 2021, 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Protagonist Therapeutics, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24[●], 20212018, or such other time and date not later than 1:30 p.m. New York City time, on December 15[●], 2021, 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Equillium, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24January 29, 2021, 2018 or such other time and date not later than 1:30 p.m. New York City time, on December 15February 12, 2021, 2018 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx XxxxxXxxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24October 8, 20212019, or such other time and date not later than 1:30 p.m. New York City time, on December 15October 22, 2021, 2019 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP, 00000 10000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. (New York City time), on November 24June 18, 2021, or such other time and date not later than 1:30 p.m. (New York City time), on December 15July 2, 2021, 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Protagonist Therapeutics, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx XxxxxXxxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November January 24, 20212017, or such other time and date not later than 1:30 p.m. New York City time, on December 15February 7, 2021, 2017 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. New York City time, on November 24January 14, 20212020, or such other time and date not later than 1:30 p.m. New York City time, on December 15January 29, 20212020, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxxxx Xxxxxxxxx Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24[·], 20212015, or such other time and date not later than 1:30 p.m. New York City time, on December 15[·], 2021, 2015 as the Representatives shall designate by notice to the Company and shall not be earlier than one nor later than three full business days after delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Zynerba Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx 000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx, Xxx XxxxxXxxxxxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24March 6, 20212018, or such other time and date not later than 1:30 p.m. New York City time, on December 15March 6, 2021, 2018 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Sierra Oncology, Inc.)

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The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. (New York City time), on November 24May 14, 20212020, or such other time and date not later than 1:30 p.m. (New York City time), on December 15May 28, 2021, 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Protagonist Therapeutics, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx 000 Xxxxx XxxxxXxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 Xxx Xxxx (or such other place as may reasonably be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24May 14, 20212020, or such other time and date not later than 1:30 p.m. New York City time, on December 15May 14, 2021, 2020 as the Representatives Representative shall designate by written notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide written notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Chefs' Warehouse, Inc.)

The First Closing Date. Delivery of certificates book-entry entitlements for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx MxXxxxxxx Will & Xxxxxxx Exxxx, LLP, 00000 Xxxx Xxxxx Xxxxx300 Xxxxxxx Xxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 a.m. New York City Eastern time, on November 24March 1, 20212018, or such other time and date not later than 1:30 1:00 p.m. New York City Eastern time, on December 15March 1, 20212018, as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (InspireMD, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Cxxxxxxxx & Xxxxxxx Bxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx600 Xxxxxx Xxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 241, 20212016, or such other time and date not later than 1:30 p.m. New York City time, on December November 15, 2021, 2016 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Abeona Therapeutics Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx1000 Xxxxxx xx xxx Xxxxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City Eastern time, on November 24February 7, 20212023, or at such other time or place on the same or such other time and date date, not later than 1:30 p.m. New York City time, on December 15, 2021the fifth business day thereafter, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Roivant Sciences Ltd.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24February 14, 20212012, or such other time and date not later than 1:30 p.m. New York City time, on December 15February 14, 20212012, as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Array Biopharma Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP, 00000 10000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24December 22, 20212014, or such other time and date not later than 1:30 p.m. New York City time, on December 15January 7, 2021, 2015 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Lion Biotechnologies, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24July 31, 20212020, or such other time and date not later than 1:30 p.m. New York City time, on December 15August 14, 2021, 2020 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (ESSA Pharma Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. New York City time, on November 24June 27, 20212019, or such other time and date not later than 1:30 p.m. New York City time, on December 15July 11, 20212019, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Ropes & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 Gxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24May 22, 20212020, or such other time and date not later than 1:30 p.m. p.m., New York City time, on December 15June 8, 2021, 2020 as the Representatives shall designate by notice to the Company that shall not be earlier than one nor later than three full business days after the delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ocular Therapeutix, Inc)

The First Closing Date. Delivery of certificates (as evidence of book-entry transfer) for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Skadden, Arps, Slate, Xxxxxxx & Xxxxxxx Xxxx, LLP, 00000 located at Xxxx Xxxxx XxxxxXxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx 00000 (or such other place as may shall be agreed reasonably acceptable to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24October 29, 20212019, or such other time and date not later than 1:30 p.m. New York City time, on December 15, 2021, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11Sections 11 and 18.

Appears in 1 contract

Samples: Underwriting Agreement (Opko Health, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24June 15, 20212020, or such other time and date not later than 1:30 p.m. New York City time, on December 15June 29, 2021, 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (CareDx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24March 20, 20212013, or such other time and date not later than 1:30 p.m. New York City time, on December 15April 3, 2021, 2013 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (TherapeuticsMD, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP, 00000 10000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24February 22, 2021, or such other time and date not later than 1:30 p.m. New York City time, on December 15March 8, 2021, 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (ESSA Pharma Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 LLP (or such other place as may be agreed to by the Company and the Selling Stockholders and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24December 12, 20212012, or such other time and date not later than 1:30 p.m. New York City time, on December 1527, 2021, 2012 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company and the Selling Stockholders hereby acknowledges acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1112.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP, 00000 10000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24June 2, 2021, 2020 or such other time and date not later than 1:30 p.m. New York City time, on December 15June 16, 2021, 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 000 Xxxx Xxxxx Xxxxxx Xxxxx, Xxx 00xx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 2415, 20212012, or such other time and date not later than 1:30 p.m. New York City time, on December November 15, 20212012, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Array Biopharma Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24January 25, 2021, or such other time and date not later than 1:30 p.m. New York City time, on December 15February 8, 2021, 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (CareDx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. New York City time, on November 2430, 20212018, or such other time and date not later than 1:30 p.m. New York City time, on December 1514, 2021, 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Baker & Xxxxxxx LLPBotts, 00000 Xxxx Xxxxx XxxxxL.L.P., Xxx Xxxxx3000 One Shell Plaza, Xxxxxxxxxx 00000 Houston, Texas (or such other ox xxxh oxxxx place as may be agreed to by the Company and the mxx xx xxxxxx xx xx xxx Xxxxxxx xxx xhe Representatives) at 10:00 [8:00] a.m. New York City Houston time, on November 24October __, 20211997, or such other time and date not later than 1:30 p.m. New York City 10:30 a.m. Houston time, on December 15, 2021, [___] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Innovative Valve Technologies Inc

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx McGuireWoods LLP, 00000 Xxxx Xxxxx 1000 0xx Xxxxxx, 00xx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City Eastern time, on November 24[__], 2021, 2022 or such other time and date not later than 1:30 5:30 p.m. New York City Eastern time, on December 15November [__], 2021, 2022 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Cognition Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx 000 Xxxxx XxxxxXxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24May 21, 20212019, or such other time and date not later than 1:30 p.m. New York City time, on December 15June 5, 2021, 2019 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110. Delivery of the Firm Shares shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Waitr Holdings Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx 000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx, Xxx XxxxxXxxxxxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Lead Representatives) at 10:00 9:00 a.m. New York City time, on November 24January 12, 20212015, or such other time and date not later than 1:30 p.m. 11:00 a.m. New York City time, on December 15January 12, 2021, 2015 as the Lead Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Lead Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Lead Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Five Prime Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm Shares ADSs to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxx Xxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 Xxxxxxxx LLP (or such other place as may be agreed to by the Company Selling Shareholders and the Representatives) at 10:00 [9:00] a.m. New York City time, on November 24February [•], 2021, or such other time and date not later than 1:30 [1:30] p.m. New York City time, on December 15February [•], 2021, 2021 as the Representatives shall designate by notice to the Company Selling Shareholders (the time and date of such closing are called the “First Closing Date”). The Company Selling Shareholders hereby acknowledges acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (I-Mab)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx0000 Xxxxxx xx xxx Xxxxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24[·], 20212017, or such other time and date not later than 1:30 p.m. New York City time, on December 15[·], 2021, 2017 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Verona Pharma PLC)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24[●], 20212020, or such other time and date not later than 1:30 p.m. New York City time, on December 15[●], 2021, 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Metacrine, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24[·], 20212013, or such other time and date not later than 1:30 p.m. New York City time, on December 15[·], 20212013, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Jxxxxxxxx & Company, Inc., 500 Xxxxxxx LLP, 00000 Xxxx Xxxxx XxxxxXxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24December 12, 20212007, or such other time and date not later than 1:30 p.m. New York City time, on December 1527, 2021, 2007 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Penford Corp)

The First Closing Date. Delivery of certificates book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 0000, Xxxxxxx Xx., Xxxx Xxxxx XxxxxXxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. New York City time, on November 24September 14, 20212018, or such other time and date not later than 1:30 p.m. New York City timetime on September 24, on December 15, 20212018, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Endocyte Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx Procter LLP, 00000 Xxxx Xxxxx Xxxxx000 Xxxxxx Xxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24March 5, 20212014, or such other time and date not later than 1:30 p.m. New York City time, on December 15, 2021the tenth Business Day thereafter, as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Compugen LTD)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 000 Xxxx Xxxxx Xxxxxx Xxxxx, Xxx 00xx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24September 20, 20212016, or such other time and date not later than 1:30 p.m. New York City time, on December 15October 4, 2021, 2016 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Immune Design Corp.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxxxx Xxxxxxxxx Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. [•] [a][p].m. New York City time, on November 24[•], 2021, or such other time and date not later than 1:30 p.m. [•] [a][p].m. New York City time, on December 15[•], 2021, 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Oncorus, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxx & Xxxxxxx Xxxxx, LLP, 00000 000 Xxxx Xxxxx 00xx Xxxxxx, 00xx Xxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. 9:00 a.m., New York City time, on November 24., 20212003, or such other time and date not later than 1:30 p.m. p.m., New York City time, on December 15., 2021, 2003 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Nexstar Broadcasting Group Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx, Xxxxxxxx & Xxxxxxx LLPCompany, 00000 Xxxx Incorporated, 000 Xxxxx Xxxxxxxx, Xxxxx 0000, Xx. Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 Xxxxxxxx (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24, 2021[___], or such other time and date not later than 1:30 p.m. New York City time, on December 15, 2021, [___] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Novastar Financial Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters by electronic book entry through the facilities of the Depository Trust Company (“DTC”) to the account specified by the Representatives and payment therefor shall be made at the offices of Xxxxxx Shearman & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 Sterling LLP (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24February 11, 20212015, or such other time and date not later than 1:30 p.m. New York City time, on December 15February 25, 2021, 2015 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Sterling Bancorp)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 9:00 a.m. New York City time, on November 24June 11, 20212020, or such other time and date not later than 1:30 p.m. New York City time, on December 15June 25, 2021, 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Retrophin, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m. New York City time, on November 24September 20, 20212019, or such other time and date not later than 1:30 p.m. New York City time, on December 15October 4, 2021, 2019 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 10:00 9:00 a.m. New York City time, on November 24October 16, 2021, 2018 or such other time and date not later than 1:30 p.m. New York City time, on December 15October 30, 2021, 2018 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and the Pre-Funded Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxxx & Xxxxxxx LLP, 00000 Xxxx Xxxxx Xxxxx000 Xxxxxx Xxxxxx, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000 (or such other place as may be agreed to by the Company and the Representatives) Representative at 10:00 9:00 a.m. New York City time, on November 24June 30, 20212014, or such other time and date not later than 1:30 p.m. New York City time, on December July 15, 2021, 2014 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/)

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