Common use of Delivery of and Payment for Shares Clause in Contracts

Delivery of and Payment for Shares. Delivery of certificates for the Shares to be purchased by the Underwriters hereunder shall be made against payment therefor by, at your election, certified or official bank check or checks drawn upon or by a New York Clearing House bank or by wire transfer, in either case payable in same-day funds to the order of the Company. Such delivery and payment with respect to the Firm Shares shall be made at 7:00 A.M., Pacific standard time, at the offices of Xxxxxxx Coie, 0000 Xxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, XX 00000 (or such other place as mutually may be agreed upon), on the third full Business Day or at such other date as shall be determined by you and the Company (the "First Closing Date"). With respect to Option Shares, such delivery and payment shall be made at the time and on the date specified by you in the written notice given by you of the Underwriters' election to purchase the Option Shares, or such other time and date as you and the Company may agree upon in writing, such time and date being referred to herein as the "Option Closing Date." Such certificates will be made available for checking and packaging at least 24 hours prior to the First Closing Date or the Option Closing Date, as the case may be, at a location as may be designated by you. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of each Underwriter. The First Closing Date and the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates."

Delivery of and Payment for Shares. Delivery of certificates for the ---------------------------------- Firm Shares to be purchased by the Underwriters hereunder from the Company shall be made against payment therefor by, at your election, by certified or official bank check or checks drawn upon or by a New York Clearing House bank or by wire transfer, in either case and payable in samenext-day funds to the order account of the Company. Such delivery and payment with respect to the Firm Shares shall be made at 7:00 6:30 A.M., Pacific standard local time, at the offices of The Xxxxxxx CoieCompanies Incorporated, 0000 000 Xxxxx Xxxxxxxx Xxxxxx, 00xx XxxxxSuite 1100, XxxxxxxLos Angeles, XX 00000 California (or such other place as mutually may be agreed uponupon by you and the Company), on the third full Business Day business day following the date of the public offering as advised by you to the Company or at such other date not more than seven full business days thereafter as shall be determined by you and the Company (unless, in either case, postponed pursuant to Section 11) (the "First Closing Date"). With respect The Option granted in Section 2 hereof may be exercised during the term thereof by written notice to the Company from you. Such notice shall set forth the aggregate number of Option Shares, such delivery Shares as to which the Option is being exercised and payment shall be made at the time and on the date specified by you in the written notice given by you of the Underwriters' election to purchase the Option Sharesdate, or such other time and date as you and the Company may agree upon in writing, such time and date being referred to herein as the "Option Closing Date." Such certificates will be made available for checking and packaging at least 24 hours prior to not earlier than either the First Closing Date or the second business day after the date on which the Option shall have been exercised nor later than the seventh business day after the date of such exercise, as determined by you, when the Option Shares are to be delivered (the "Option Closing Date, as "). Delivery and payment for such Option Shares is to be at the case may be, at a location as may offices set forth above for delivery and payment of the Firm Shares. Delivery of certificates for the Option Shares to be designated purchased by you. Time the Underwriters shall be made against payment therefor by certified or official bank checks drawn upon or by a New York Clearing House bank and payable in next-day funds to the account of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of each UnderwriterCompany. The First Closing Date and the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates."" Delivery of certificates for the Shares shall be made by or on behalf of the Company to you, or the respective accounts of the Underwriters, against payment by you, for the several accounts of the Underwriters, to the Company. The certificates for the Shares shall be registered in such names and denominations as you shall have requested at least three full business days prior to the applicable Closing Date, and shall be made available for checking and packaging at a location as may be designated by you not later than 10:00 A.M. at least one full business day prior to such Closing Date. Time shall be of the essence and delivery at the time and place specified in this Agreement is a further condition to the obligations of each Underwriter.

Delivery of and Payment for Shares. Delivery The Firm Shares shall be issued in the form of one or more fully registered stock certificates in book-entry form in such denomination and registered in the name of the nominee of The Depository Trust Company ("DTC") or in such names as the Underwriter may request upon at least two business days' prior notice to the Company, and shall be delivered by or on behalf of the Company to the Underwriter for the account of such Underwriter, against payment by such Underwriter on its behalf of the purchase price therefor by wire transfer of immediately available funds to such accounts as the Company shall designate in writing. The closing of the sale and purchase of the Firm Shares to be purchased by the Underwriters hereunder shall be made against payment therefor byheld at the offices of SorinRand LLP, at your election500 Xxxxxxx Xxxxxx, certified or official bank check or checks drawn upon or by a New York Clearing House bank or by wire transfer00xx Xxxxx, in either case payable in same-day funds to the order Xxx Xxxx, Xxx Xxxx 00000. The time and date of the Company. Such such delivery and payment shall be, with respect to the Firm Shares shall be made at 7:00 A.M., Pacific standard timeShares, at the offices of Xxxxxxx Coie9:00 a.m., 0000 Xxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, XX 00000 (or such other place as mutually may be agreed upon)New York City time, on the third (3rd) full Business Day business day after this Agreement is executed or at such other time and date as shall be determined by you the Underwriter and the Company may agree upon in writing (the "“First Closing Date"”). With , and, with respect to the Option Shares, such delivery and payment shall be made at the time and 9:00 a.m., Eastern time, on the date reasonably specified by you the Underwriter in the written notice given by you the Underwriter of the Underwriters' election to purchase the all or part of such Option Shares, or at such other time and date as you the Underwriter and the Company may agree upon in writing, such time and date being referred to herein as writing (the "“Option Closing Date." Such certificates will ”). Delivery and payment for such Optional Shares is to be made available at the offices set forth above for checking delivery and packaging at least 24 hours prior to the First Closing Date or the Option Closing Date, as the case may be, at a location as may be designated by you. Time shall be payment of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of each UnderwriterFirm Shares. (The First Closing Date and the each Option Closing Date are herein individually referred to as the "“Closing Date" ” and collectively referred to as the "“Closing Dates."”)