Delivery of Additional Shares. If the Representatives exercise the option granted to them under Section 2(b), BofA, acting on behalf of the several Underwriters, agrees, on the basis of the representations, warranties and agreements herein contained, to purchase (through BofA) the number of Option Securities for which the option to purchase has been exercised pursuant to Section 2(b) (the “Applicable Additional Shares”). Not later than the day prior to the Date of Delivery of the Applicable Additional Shares, the Transaction Committee shall have resolved on the final number of Applicable Additional Shares to be issued pursuant to this Agreement (“Additional Capital Increase”).
Delivery of Additional Shares. No later than one (1) business day after the exercise by the Company of its Additional Purchase Right, the Investor shall notify LCM of the account or accounts at LCM to be credited with the Additional Shares being purchased by such Investor. On the applicable Additional Closing Date, the Company shall deliver the Additional Shares to the Investor through DTC directly to the account(s) at LCM identified by Investor and simultaneously therewith payment shall be made by LCM by wire transfer to the Company.
Delivery of Additional Shares. On the Delivery Date, the Company shall cause to be delivered to each Subscriber a certificate or certificates for the appropriate number of Additional Shares. The Company, however, will not be obligated to deliver Additional Shares to a Common Holder if (i) the Investor elects not to take delivery of such Additional Shares or (ii) the total number of shares of Common Stock then beneficially owned by such Investors and their affiliates and any other persons whose beneficial ownership of Common Stock would be aggregated with the Investor’s for purposes of Section 13(d) of the Exchange Act, would exceed 9.999% of the total number of issued and outstanding shares of Common Stock or (iii) at any time the Board shall determine in its discretion (based on a written opinion of counsel (a copy of which must be provided to the Investors)) that the issuance and sale of the Additional Shares to the Investors would cause the Company to violate any provision of the Securities Act, the securities laws of any state or any other law; provided, however, that in each such case the Company will issue to each Investor Common Stock purchase warrants to purchase the appropriate number of Additional Shares at an exercise price of $0.01 per share for a period of five years from the date of issuance.
Delivery of Additional Shares. Within 3 business days following the satisfaction of the Conditions, subject to the terms and conditions hereof, the Company will issue the Additional Shares to the Purchaser and deliver or procure the delivery by its registrar to the Purchaser, a holding statement evidencing the number of Additional Shares issued to the Purchaser.
Delivery of Additional Shares. (a) If the Representatives exercise the option granted to them under Section 2 of this Agreement, Xxxxxx Xxxxxxx & Co. LLC, acting on behalf of the several Underwriters, agrees, on the basis of the representations, warranties and agreements herein contained, to purchase (through Xxxxxx Xxxxxxx & Co. LLC) the number of Additional Shares for which the option to purchase has been exercised pursuant to Section 2 (the “Applicable Additional Shares”).
(b) Not later than 9:15 a.m. (New York City time) on the Option Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representatives pursuant to Section 2), the Company will:
(i) deliver by way of email to each of the Representatives, the share registrar of the Company, Xxxxxxxxx XX and Xxxx & Staehelin, pdf-copies of (A) the Company’s book of uncertificated securities (Wertrechtebuch) duly signed by the Company’s share registrar and evidencing Xxxxxx Xxxxxxx & Co. LLC, acting on behalf of the several Underwriters in proportion of their respective holdings set out in Schedule I hereto, as holder of the Applicable Additional Shares and, if the Shares of the Company are not already listed, (B) a copy of the share register (Aktienbuch) of the Company evidencing the Underwriters as shareholders with respect to the Applicable Additional Shares; and
(ii) take all steps necessary to ensure that the Applicable Additional Shares will be (A) duly recorded in an account of Xxxxxx Xxxxxxx & Co. LLC at DTC on the relevant Option Closing Date, and (B) freely transferable (subject to any applicable restrictions set forth in the articles of association of the Company) on the relevant Option Closing Date in accordance with the instructions of the Representative.
Delivery of Additional Shares. The Company shall deliver to the Investor _________ Additional Shares in accordance with the terms of the Purchase Agreement.
Delivery of Additional Shares. The Additional Shares issued hereunder shall be transmitted by the Transfer Agent to the Service Provider by crediting the designated account of the Company with the Broker with The Depository Trust Company through its Deposit/Withdrawal at Custodian system (“DWAC”) by the date that is two (2) Trading Days after the delivery to the Company of the Notice of Issuance (such date, the “Share Delivery Deadline”). The Additional Shares shall be deemed to have been issued, and the Service Provider or any other person so designated to be named therein shall be deemed to have become the holder of record of such shares for all purposes, as of the date the Rights have been exercised.
Delivery of Additional Shares. In the event that the Pledgor may hereafter acquire, or the Company shall issue, whether by way of stock dividend, stock split or otherwise, any additional common or preferred stock or other securities as a result of or attributable to the registered ownership of the Pledged Interest, such common or preferred stock or other securities shall constitute part of the Pledged Interest as additional security for the Secured Indebtedness and, if the same are received by Pledgor, they will immediately upon receipt thereof deposit, sell, assign, pledge and deliver the same duly endorsed in blank or with stock powers attached to Bank.
Delivery of Additional Shares. (a) If the Representatives exercise the option granted to them under Section 3 of this Agreement, Xxxxxx Xxxxxxx & Co. LLC, acting on behalf of the several Underwriters, agrees, on the basis of the representations, warranties and agreements herein contained, to purchase (through Xxxxxx Xxxxxxx & Co. LLC) the number of Additional Shares for which the option to purchase has been exercised pursuant to Section 3 (the “Applicable Additional Shares”).
(b) Not later than 9:15 a.m. (New York City time) on the relevant Option Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representatives pursuant to Section 3), the Selling Shareholders will take all steps necessary to ensure that the Applicable Additional Shares will be (A) duly recorded as intermediated securities (Bucheffekten) in DTC, (B) duly recorded in an account of Xxxxxx Xxxxxxx & Co. LLC at DTC, and (C) freely transferable (subject to any applicable restrictions set forth in the articles of association of the Company), all on the relevant Option Closing Date and in accordance with the instructions of the Representative.
Delivery of Additional Shares. In the event that the Company shall issue, whether by way of stock dividend, stock split or otherwise, any additional common or preferred stock or other securities as a result of or attributable to the registered ownership of the Pledged Interest, such common or preferred stock, or other securities shall constitute part of the Pledged Interest as additional security for the secured indebtedness and, if the same are received by Pledgor, they will immediately upon receipt thereof deposit, sell, assign, pledge and deliver the same duly endorsed in blank or with stock powers attached to Bank.
