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 Underwritten Shares to be purchased by (and, if applicable, delivery of the Underwriters hereunder shall Optional Shares) will 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 CoieXxxxxxxx & Xxxxxxxx LLP, 0000 000 Xxxxx Xxxxxx, 00xx XxxxxXxx Xxxx, Xxxxxxx, XX Xxx Xxxx 00000 (or at such other place or places as mutually may be agreed upon)upon by the Company and the Underwriters, (a) with respect to the Underwritten Shares, at 10:00 A.M., New York City time, on June 17, 2009 or on such later date not more than three Business Days after the third full Business Day or at such other foregoing date as shall will be determined by you and the Company (the "First Closing Date"). With “ FIRST CLOSING DATE”) and (b) with respect to Option the Optional Shares, such delivery and payment shall be made if any, at the time and 10:00 A.M., New York City time, on the date specified by you in the written notice given by you of the Underwriters' ’ election to purchase the Option Optional Shares, or such other time and date as you and the Company may agree upon in writingwriting (such date, if not the First Closing Date, being the “SECOND CLOSING DATE”, and each such time and date being referred to for delivery is herein as called a “CLOSING DATE”). Delivery of the "Option Closing Date." Such certificates Shares will be made available for checking and packaging at least 24 hours prior to the First Closing Date you by or the Option Closing Date, as the case may be, at a location as may be designated by you. Time shall be on behalf of the essence, and delivery Company against payment of the purchase price therefor by wire transfer of immediately available funds. Delivery of the Shares will be made through the facilities of The Depository Trust Company unless you will otherwise instruct. Any transfer taxes payable in connection with the sale of the Shares will be paid by the Company. Delivery of the Shares 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 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."”)