Common use of Company’s Obligations Upon Closing Clause in Contracts

Company’s Obligations Upon Closing. (i) The Company shall deliver to the Investor, through the use of a Deposit Withdrawal Agent Commission system from a Deposit Trust Company method or commonly referred to as “DWAC/DTC” of the Investor’s choosing, the shares of Common Stock applicable to the Advance in accordance with Section 2.3. In the event that the Company or its transfer agent is not participating in the DWAC system or is not eligible to participate, the Company will endeavor to participate or become eligible to participate within a reasonable time from the date hereof, but in no event later than the effectiveness of the Registration Statement. Notwithstanding, the Investor may, in its sole discretion, accept physical certificates representing the Company’s Common Stock applicable to any Advance. Any such certificates shall be free of restrictive legends. Upon receipt, Investor will perform a wire transfer on the same business day provided that the shares have been received in sufficient time to perform such transfer. In the event that the Investor is no longer able, due to time constraints beyond his control, to perform a wire on the day of receipt, the wire will be promptly executed the following business day.

Appears in 2 contracts

Samples: Equity Financing Agreement, Drawdown Equity Financing Agreement (Capital Reserve Canada LTD)

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Company’s Obligations Upon Closing. (i) The Company shall use commercially reasonable efforts to deliver to the Investor, through the use of a Deposit Withdrawal Agent Commission system from a Deposit Trust Company method or commonly referred to as "DWAC/DTC" of the Investor’s 's choosing, the shares of Common Stock applicable to the Advance in accordance with Section 2.3. In the event that the Company or its transfer agent is not participating in the DWAC system or is not eligible to participate, the Company will endeavor to participate or become eligible to participate within a reasonable time from the date hereof, but in no event later than the effectiveness of the Registration Statement. Notwithstanding, the Investor may, in its sole discretion, will accept physical certificates representing the Company’s 's Common Stock applicable to any AdvanceAdvance in the event DWAC/DTC is not available. Any such certificates shall be free of restrictive legends. Upon receipt, Investor will perform a wire transfer on the same business day provided that the shares have been received in sufficient time to perform such transfer. In the event that the Investor is no longer able, due to time constraints beyond his control, to perform a wire on the day of receipt, the wire will be promptly executed the following business day.

Appears in 1 contract

Samples: Drawdown Equity Financing Agreement (Amerilithium Corp.)

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Company’s Obligations Upon Closing. (i) The Company shall use commercially reasonable efforts to deliver to the Investor, through the use of a Deposit Withdrawal Agent Commission system from a Deposit Trust Company method or commonly referred to as “DWAC/DTC” of the Investor’s choosing, the shares of Common Stock applicable to the Advance in accordance with Section 2.3. In the event that the Company or its transfer agent is not participating in the DWAC system or is not eligible to participate, the Company will endeavor to participate or become eligible to participate within a reasonable time from the date hereof, but in no event later than the effectiveness of the Registration Statement. Notwithstanding, the Investor may, in its sole discretion, will accept physical certificates representing the Company’s Common Stock applicable to any AdvanceAdvance in the event DWAC/DTC is not available. Any such certificates shall be free of restrictive legends. Upon receipt, Investor will perform a wire transfer on the same business day provided that the shares have been received in sufficient time to perform such transfer. In the event that the Investor is no longer able, due to time constraints beyond his control, to perform a wire on the day of receipt, the wire will be promptly executed the following business day.

Appears in 1 contract

Samples: Drawdown Equity Financing Agreement (Island Breeze International, Inc.)

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