Common use of Closing and Payment Clause in Contracts

Closing and Payment. The Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Underwriters, through the facilities of the Depository Trust Company ("DTC") (unless the Representatives shall otherwise instruct) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor to the Company in funds specified on Schedule B hereto, all in the manner and at the place and time and date [with respect to each of the Firm Shares and the Optional Shares] specified on Schedule B hereto (or at such other place and time and date as the Representatives and the Company may agree upon in writing) [with respect to the Firm Shares, such place and time and date being referred to herein as] (the "[First] Closing Time") [and with respect to the Optional Shares, the "Second Closing Time"]. The Company will cause the certificates representing the Shares to be made available for checking and packaging at least twenty-four hours prior to [each of] the [relevant] Closing Time[s] with respect thereto at the offices of DTC or its designated custodian (the "Designated Office"). [It is understood and agreed that each Closing Time under this Agreement shall occur simultaneously with each Closing Time under the U.S. Underwriting Agreement.]

Appears in 1 contract

Samples: Underwriting Agreement (Xo Communications Inc)

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Closing and Payment. The Shares Securities to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight 48 hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Underwriters, through the facilities of the Depository Trust Company ("DTC") (unless the Representatives shall otherwise instruct) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor to the Company in funds specified on Schedule B hereto, all in the manner and at the place and time and date [with respect to each of the Firm Shares Securities and the Optional SharesSecurities] specified on Schedule B hereto (or at such other place and time and date as the Representatives and the Company may agree upon in writing) writing ([with respect to the Firm SharesSecurities, such place and time and date being referred to herein as] (as ]the "[First] Closing Time") " [and with respect to the Optional SharesSecurities, the "Second Closing Time"]). The Company will cause the certificates representing the Shares Securities to be made available for checking and packaging at least twenty-four hours prior to [each of] the [relevant] Closing Time[s] with respect thereto at the offices of DTC or its designated custodian (the "Designated Office"). [It is understood and agreed that each Closing Time under this Agreement shall occur simultaneously with each Closing Time under the U.S. International Underwriting Agreement.]

Appears in 1 contract

Samples: Underwriting Agreement (Xo Communications Inc)

Closing and Payment. The Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Underwriters, through the facilities of the Depository Trust Company ("DTC") (unless the Representatives shall otherwise instruct) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor to the Company in funds specified on Schedule B hereto, all in the manner and at the place and time and date [with respect to each of the Firm Shares and the Optional Shares] specified on Schedule B hereto (or at such other place and time and date as the Representatives and the Company may agree upon in writing) [with respect to the Firm Shares, such place and time and date being referred to herein as] (the "[First] Closing Time") [and with respect to the Optional Shares, the "Second Closing Time"]. The Company will cause the certificates representing the Shares to be made available for checking and packaging at least twenty-four hours prior to [each of] the [relevant] Closing Time[s] with respect thereto at the offices of DTC or its designated custodian (the "Designated Office"). [It is understood and agreed that each Closing Time under this Agreement shall occur simultaneously with each Closing Time under the U.S. International Underwriting Agreement.]

Appears in 1 contract

Samples: Underwriting Agreement (Xo Communications Inc)

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Closing and Payment. The Shares Securities to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight 48 hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Underwriters, through the facilities of the Depository Trust Company ("DTC") (unless the Representatives shall otherwise instruct) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor to the Company in funds specified on Schedule B hereto, all in the manner and at the place and time and date [with respect to each of the Firm Shares Securities and the Optional SharesSecurities] specified on Schedule B hereto (or at such other place and time and date as the Representatives and the Company may agree upon in writing) writing ([with respect to the Firm SharesSecurities, such place and time and date being referred to herein as] (as ]the "[First] Closing Time") " [and with respect to the Optional SharesSecurities, the "Second Closing Time"]). The Company will cause the certificates representing the Shares Securities to be made available for checking and packaging at least twenty-four hours prior to [each of] the [relevant] Closing Time[s] with respect thereto at the offices of DTC or its designated custodian (the "Designated Office"). [It is understood and agreed that each Closing Time under this Agreement shall occur simultaneously with each Closing Time under the U.S. Underwriting Agreement.]

Appears in 1 contract

Samples: Underwriting Agreement (Xo Communications Inc)

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