Delivery and Payment for the Shares. We agree to deliver to you before 6:30 a.m., San Francisco time, on the Closing Date referred to in the Underwriting Agreement, and on any later date on which the Option Shares are to be purchased, at the office of Depository Trust Company, New York, New York or at such other place as you designate, a certified or official bank check in next day funds payable to the order of Xxx Xxxxxx & Company, in an amount equal to the aggregate initial Offering Price of the Shares to be purchased by us from the Company on such date, less the aggregate concession to Selected Dealers for such Shares. We authorize you to deliver such funds, less that portion of the non-accountable expense allowance provided for in Section 6(a)(ii) of the Underwriting Agreement allocable to the Shares to be purchased by us, against delivery to you for our account of such Shares. You are authorized to accept delivery of the Shares, to give a receipt therefor and to make deliveries for our account of such Shares, if any, as are reserved for sale in Retail Sales or to Selected Dealers. You may in your discretion cause some or all of our reserved Shares to be delivered to you registered in your name or in such other name as you designate, but such registration will be for administrative convenience only and will not affect our title to such reserved Shares or the severalty of the obligations of the Underwriters to the Company. You agree to cause to be delivered to us promptly any Shares which have not been sold for our account or reserved for sale. If we fail (whether or not such failure constitutes a default hereunder) to deliver to you, or you fail to receive, our check or checks for the Shares that we have agreed to purchase, at the time or times and in the manner provided in this Section 5, either or both of you, in your individual capacities and not on behalf of the Underwriters, are authorized (but shall not be obligated) to make payment to the Company for such Shares for our account, but any such payment by you shall not relieve us of any of our obligations under the Underwriting Agreement or under this Agreement, and we agree to repay you on demand the amount so advanced for our account, together with interest at current interest rates (but not in excess of the maximum amount permitted by applicable law). Upon receipt by you of payment for the Shares sold by or through you for our account, you will remit to us promptly an amount equal to the purchase price paid by us to the Company for...
Delivery and Payment for the Shares. Delivery of and payment for the Firm Shares shall be made at the offices of Willxxx Xxxx & Xallxxxxx, Xxe Citicorp Center, 153 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, xx 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representatives and the Company. This date and time are sometimes referred to as the "First Delivery Date." On the First Delivery Date, the Company shall deliver or cause to be delivered certificates representing the Firm Shares to the Representatives for the account of each Underwriter against payment to or upon the order of the Company of the purchase price by wire transfer of immediately available funds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of each Underwriter hereunder. Upon delivery, the Firm Shares shall be registered in such names and in such denominations as the Representatives shall request in writing not less than two full business days prior to the First
Delivery and Payment for the Shares. (a) The Company will deliver the Firm Shares to the Representatives for the accounts of the Underwriters, against payment of the Purchase Price therefor in Federal (same day) funds by official bank check or checks or wire transfer drawn to the order of the Company, in the case of Firm Shares sold by the Company, and to or on behalf of the Selling Stockholder, under instructions from the Company as Custodian, in the case of Firm Shares sold by the Selling Stockholder, at the office of Xxxx Xxxxx Xxxx Xxxxxx, Incorporated (“Xxxx Xxxxx”), 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxx 00000, at [ : ] [P.M.][A.M.], Washington, D.C. time, on , 2004, or at such other place and time not later than seven (7) full business days thereafter as the Representatives and the Company determine, such time being herein referred to as the “Closing Date.” For purposes of Rule 15c6-1 under the Exchange Act, the Closing Date (if later than the otherwise applicable settlement date) shall be the settlement date for payment of funds and delivery of securities for all the Firm Shares. The certificates for the Firm Shares so to be delivered will be in definitive form, in such denominations and registered in such names as the Representatives request and will be made available for checking and packaging at the above office of Xxxx Xxxxx, or such other place as the Representatives and the Company shall determine, at least twenty-four (24) hours prior to the Closing Date.
Delivery and Payment for the Shares. (a) The Shares to be purchased by the Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Underwriter may request upon at least forty-eight hours’ prior notice to the Company and the Selling Stockholder shall be delivered by or on behalf of the Selling Stockholder to Xxxxxxx, Xxxxx & Co., through the facilities of The Depository Trust Company (“DTC”), for the account of the Underwriter, against payment by or on behalf of the Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account or accounts specified by the Selling Stockholder, to Xxxxxxx, Sachs & Co. at least forty-eight hours in advance. The Company and the Selling Stockholder will cause the certificates representing the Shares to be made available for checking and packaging at least twenty-four hours prior to the Time of Delivery (as defined below) with respect thereto at the office of DTC or its designated custodian (the “Designated Office”). The time and date of such delivery and payment shall be 9:00 a.m., New York City time, on November 26, 2012 or such other time and date as the Underwriter, the Company and the Selling Stockholder may agree upon in writing. Such time and date for delivery of the Shares is herein called the “Time of Delivery.”
Delivery and Payment for the Shares. (a) The Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as Xxxxxxx, Sachs & Co. may request upon at least forty-eight hours’ prior notice to the Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to Xxxxxxx, Xxxxx & Co., through the facilities of The Depository Trust Company (“DTC”), for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified by the Company and the Custodian, as their interests may appear, to Xxxxxxx, Sachs & Co. at least forty-eight hours in advance. The Company and the Custodian will cause the certificates representing the Shares to be made available for checking and packaging at least twenty-four hours prior to the Time of Delivery (as defined below) with respect thereto at the office of DTC or its designated custodian (the “Designated Office”). The time and date of such delivery and payment shall be, with respect to the Firm Shares, [ ] a.m., New York City time, on [ ], 2011 or such other time and date as the Representatives, the Company and the Selling Stockholders may agree upon in writing, and, with respect to the Optional Shares, on the date specified by the Representatives in the written notice given by the Representatives of the Underwriters’ election to purchase such Optional Shares, or such other time and date as the Representatives and the Company may agree upon in writing. Such time and date for delivery of the Firm Shares is herein called the “First Time of Delivery,” such time and date for delivery of the Optional Shares, if not the First Time of Delivery, is herein called the “Second Time of Delivery,” and each such time and date for delivery is herein called a “Time of Delivery.”
Delivery and Payment for the Shares. Each Investor shall make payment of the aggregate Purchase Price for the Option Shares or any Available Option Shares purchased hereunder (as set forth on Schedule 1.1 hereto) at the Option Closing or Available Option Closing therefor by wire transfer of funds to BCC's account, by certified check or by other delivery acceptable to BCC. Against receipt of the aggregate Purchase Price for the Option Shares or Available Option Shares purchased in the Option Closing or Available Option Closing therefor, BCC shall deliver to the Investors or such Investor's counsel duly issued certificates representing such Option Shares or Available Option Shares.
