Delivery of and Payment for the Shares. Delivery of and payment for the Shares shall be made at 10:00 A.M., Eastern time, on the second (2nd) Business Day following the effective date of the Registration Statement (“Effective Date”) or at such time as shall be agreed upon by the Underwriter and the Company, at the offices of Xxxxxx Xxxxxxx Xxxxxxx & Li LLC (“Underwriters’ Counsel”) or at such other place as shall be agreed upon by the Representative and the Company. The hour and date of delivery of and payment for the Shares is called the “Closing Date.” The closing of the payment of the purchase price for, and delivery of certificates representing, the Shares is referred to herein as the “Closing.” Payment for the Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds upon delivery to the Underwriters of certificates (in form and substance reasonably satisfactory to the Underwriters) representing the Shares (or if uncertificated through the full fast transfer facilities of the Depository Trust Company (the “DTC”)) for the account of the Underwriters. The Shares shall be registered in such names and in such denominations as the Underwriters may request in writing at least two (2) Business Days prior to the Closing Date. If certificated, the Company will permit the Underwriters to examine and package the Shares for delivery at least one (1) full Business Day prior to the Closing Date. The Company shall not be obligated to sell or deliver the Shares except upon tender of payment by the Underwriter for all the Shares.
Appears in 2 contracts
Samples: Underwriting Agreement (China Eco-Materials Group Co. LTD), Underwriting Agreement (China Eco-Materials Group Co. LTD)
Delivery of and Payment for the Shares. Delivery Provided that the Escrow Agent is authorized and empowered in accordance with the terms of the Escrow Agreement to release the proceeds of the Offering from escrow as described in the Escrow Agreement, and provided further that this Agreement shall not have been terminated pursuant to the terms hereof, payment for the Shares shall be made at 10:00 A.M., Eastern time, on a closing (the second (2nd"Closing") Business Day following the effective date of the Registration Statement (“Effective Date”) or at such time as shall to be agreed upon by the Underwriter and the Company, held at the offices of Xxxxxx Xxxxxxx Xxxxxxx & Li LLC the Agent's counsel (“Underwriters’ Counsel”) or at such other place as shall be agreed upon by the Representative and the Companyparties hereto may agree), as provided herein. The hour and date of delivery of and payment for a Closing hereunder is sometimes referred to as the Shares is called the “"Closing Date.” The closing of the payment of the purchase price for, and delivery of certificates representing, the Shares is referred to herein as the “Closing.” ". Payment for the Shares sold on behalf of the Company by the Agent shall be made on to the Closing Date Company or to the order of the Company by wire transfer the Escrow Agent acting upon instructions from the Company and the Agent pursuant to the terms and conditions of the Escrow Agreement, and payment shall be delivered to the Company by the Escrow Agent by one or more certified or official bank checks in Federal (same day) funds next-day funds. Such payment shall be made upon delivery by the Company of the certificates for the Shares to the Underwriters Agent, for the respective accounts of certificates (in form and substance reasonably satisfactory to the Underwriters) representing several purchasers of the Shares (or if uncertificated through against receipt therefor signed by the full fast transfer facilities of the Depository Trust Company (the “DTC”)) Agent. The certificates for the account of the Underwriters. The Shares shall to be delivered at any Closing will be registered in such names name or names, and shall be in such denominations denominations, as the Underwriters Agent may request; PROVIDED, HOWEVER, that such request in writing at least two shall be made no later than three (23) Business Days prior to the Closing Date. If certificated, the Company will permit the Underwriters to examine and package the Shares for delivery at least one (1) full Business Day business days prior to the Closing Date. The Company shall not be obligated to sell or deliver certificates representing the Shares except upon tender will be made available to the Agent for inspection, checking and packaging at the office of payment by the Underwriter for all Company's transfer agent and registrar (the Shares"Transfer Agent"), not less than one (1) business day prior to the Closing Date.
Appears in 2 contracts
Samples: Stock Offering Agreement (Success Development International Inc), Stock Offering Agreement (Success Development International Inc)
Delivery of and Payment for the Shares. Delivery Provided that the Escrow Agent is authorized and empowered in accordance with the terms of the Escrow Agreement to release the proceeds of the Offering from escrow as described in the Escrow Agreement, and provided further that this Agreement shall not have been terminated pursuant to the terms hereof, payment for the Shares shall be made at 10:00 A.M., Eastern time, on a closing (the second (2nd"Closing") Business Day following the effective date of the Registration Statement (“Effective Date”) or at such time as shall to be agreed upon by the Underwriter and the Company, held at the offices of Xxxxxx Xxxxxxx Xxxxxxx & Li LLC the Company's counsel (“Underwriters’ Counsel”) or at such other place as shall be agreed upon by the Representative and the Companyparties hereto may agree), as provided herein. The hour and date of delivery of and payment for a Closing hereunder is sometimes referred to as the Shares is called the “"Closing Date.” The closing of the payment of the purchase price for, and delivery of certificates representing, the Shares is referred to herein as the “Closing.” ". Payment for the Shares sold on behalf of the Company by the Agent shall be made on to the Closing Date Company or to the order of the Company by wire transfer the Escrow Agent acting upon instructions from the Company and the Agent pursuant to the terms and conditions of the Escrow Agreement, and payment shall be delivered to the Company by the Escrow Agent by one or more certified or official bank checks in Federal (same day) funds next-day funds. Such payment shall be made upon delivery by the Company of the certificates for the Shares to the Underwriters Agent, for the respective accounts of certificates (in form and substance reasonably satisfactory to the Underwriters) representing several purchasers of the Shares (or if uncertificated through against receipt therefor signed by the full fast transfer facilities of the Depository Trust Company (the “DTC”)) Agent. The certificates for the account of the Underwriters. The Shares shall to be delivered at any Closing will be registered in such names name or names, and shall be in such denominations denominations, as the Underwriters Agent may request; provided, however, that such request in writing at least two shall be made no sooner than three (23) Business Days prior to the Closing Date. If certificated, the Company will permit the Underwriters to examine and package the Shares for delivery at least one (1) full Business Day business days prior to the Closing Date. The Company shall not be obligated to sell or deliver certificates representing the Shares except upon tender will be made available to the Agent for inspection, checking and packaging at the office of payment by the Underwriter for all Company's transfer agent and registrar (the Shares"Transfer Agent"), not less than one (1) business day prior to the Closing Date.
Appears in 1 contract
Delivery of and Payment for the Shares. Delivery of and payment The Company shall deliver or cause to be delivered to the Representatives for the account of each Underwriter certificates for the Firm Shares shall and the Optional Shares to be made purchased by each Underwriter pursuant to the Pricing Agreement relating thereto, in the form specified in such Pricing Agreement and in such authorized denominations and registered in such names as the Representatives may request upon at 10:00 A.M., Eastern time, on the second (2nd) Business Day following the effective date of the Registration Statement (“Effective Date”) or at such time as shall be agreed upon by the Underwriter and least twenty-four hours' prior written notice to the Company, against payment to or upon the order of the Company of the purchase price by certified or official bank check or wire transfer in same-day funds unless otherwise specified in the Pricing Agreement (a) with respect to the Firm Shares, all in the manner and at the offices of Xxxxxx Xxxxxxx Xxxxxxx & Li LLC (“Underwriters’ Counsel”) place and time and date specified in such Pricing Agreement or at such other place and time and date as the Representatives and the Company may agree upon in writing, such time and date being herein called the "First Time of Delivery" and (b) with respect to the Optional Shares, if any, in the manner and at the time and date specified by the Representatives in the written notice given by the Representatives of the Underwriters' election to purchase such Optional Shares, or at such other time and date as the Representatives and the Company may agree upon in writing, such time and date, if not the First Time of Delivery, herein called the "Second Time of Delivery." Each such time and date for delivery is herein called a "Time of Delivery." Time shall be agreed upon by the Representative and the Company. The hour and date of delivery of and payment for the Shares is called the “Closing Date.” The closing of the payment of the purchase price foressence, and delivery of certificates representing, at the Shares time and place specified pursuant to this Agreement is referred to herein as the “Closing.” Payment for the Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds upon delivery to the Underwriters of certificates (in form and substance reasonably satisfactory to the Underwriters) representing the Shares (or if uncertificated through the full fast transfer facilities a further condition of the Depository Trust Company (the “DTC”)) for the account obligation of the Underwriters. The Shares shall be registered in such names and in such denominations as the Underwriters may request in writing at least two (2) Business Days prior to the Closing Date. If certificated, the Company will permit the Underwriters to examine and package the Shares for delivery at least one (1) full Business Day prior to the Closing Dateeach Underwriter hereunder. The Company shall not make the certificates for the Firm Shares and the Optional Shares to be obligated purchased by each Underwriter pursuant to sell or deliver the Shares except upon tender of payment Pricing Agreement relating thereto available for inspection by the Underwriter for all Representatives in New York, New York, not later than one full business day prior to the SharesTime of Delivery.
Appears in 1 contract
Samples: Underwriting Agreement (Mapco Inc)
Delivery of and Payment for the Shares. Delivery Provided that the Escrow Agent is authorized and empowered in accordance with the terms of the Escrow Agreement to release the proceeds of the Offering from escrow as described in the Escrow Agreement, and provided further that this Agreement shall not have been terminated pursuant to the terms hereof, payment for the Shares shall be made at 10:00 A.M., Eastern time, on a closing (the second (2nd"Closing") Business Day following the effective date of the Registration Statement (“Effective Date”) or at such time as shall to be agreed upon by the Underwriter and the Company, held at the offices of Xxxxxx Xxxxxxx Xxxxxxx & Li LLC the Agent's counsel (“Underwriters’ Counsel”) or at such other place as shall be agreed upon by the Representative and the Companyparties hereto may agree), as provided herein. The hour and date of delivery of and payment for a Closing hereunder is sometimes referred to as the Shares is called the “"Closing Date.” The closing of the payment of the purchase price for, and delivery of certificates representing, the Shares is referred to herein as the “Closing.” ". Payment for the Shares sold on behalf of the Company by the Agent shall be made on to the Closing Date Company or to the order of the Company by wire transfer the Escrow Agent acting upon instructions from the Company and the Agent pursuant to the terms and conditions of the Escrow Agreement, and payment shall be delivered to the Company by the Escrow Agent by one or more certified or official bank checks in Federal (same day) funds next-day funds. Such payment shall be made upon delivery by the Company of the certificates for the Shares to the Underwriters Agent, for the respective accounts of certificates (in form and substance reasonably satisfactory to the Underwriters) representing several purchasers of the Shares (or if uncertificated through against receipt therefor signed by the full fast transfer facilities of the Depository Trust Company (the “DTC”)) Agent. The certificates for the account of the Underwriters. The Shares shall to be delivered at any Closing will be registered in such names name or names, and shall be in such denominations denominations, as the Underwriters Agent may request; PROVIDED, HOWEVER, that such request in writing at least two shall be made no later than three (23) Business Days prior to the Closing Date. If certificated, the Company will permit the Underwriters to examine and package the Shares for delivery at least one (1) full Business Day business days prior to the Closing Date. The Company shall not be obligated to sell or deliver certificates representing the Shares except upon tender will be made available to the Agent for inspection, checking and packaging at the office of payment the Company's transfer agent and registrar (the "Transfer Agent"), not less than one (1) business day prior to the Closing Date.
(a) As soon as practicable after the Agent has determined that 100,000 Shares (the "Minimum Offering") have been subscribed for, the Agent shall so notify the Company in writing. The Agent's notice to the Company hereunder shall set forth the number of shares of Common Stock to be delivered to the Agent by the Underwriter for all the Shares.Company against payment therefor by the
Appears in 1 contract
Samples: Stock Offering Agreement (Success Development International Inc)
Delivery of and Payment for the Shares. Delivery of and payment (a) .
(a) Payment for the Shares shall be made at 10:00 A.M., Eastern time, on by wire transfer in immediately available funds to the second (2nd) Business Day following account specified by the effective date Company to the Representatives in the case of the Registration Statement (“Effective Date”) or at such time as shall be agreed upon by the Underwriter and the CompanyUnderwritten Shares, at the offices of Xxxxxx Xxxxxxx Xxxxxxx Xxxxx Xxxx & Li LLC (“Underwriters’ Counsel”) Xxxxxxxx LLP at 10:00 A.M. New York City time on March 31, 2022, or at such other time or place on the same or such other date, not later than the fifth business day thereafter, as shall be agreed the Representatives and the Company may agree upon in writing or, in the case of the Option Shares, on the date and at the time and place specified by the Representative and Representatives in the Companywritten notice of the Underwriters’ election to purchase such Option Shares. The hour time and date of delivery of and such payment for the Shares is called the “Closing Date.” The closing of the payment of the purchase price for, and delivery of certificates representing, the Underwritten Shares is referred to herein as the “ClosingClosing Date,” and the time and date for such payment for the Option Shares, if other than the Closing Date, is herein referred to as the “Additional Closing Date.” ”
(b) Payment for the Shares to be purchased on the Closing Date or the Additional Closing Date, as the case may be, shall be made against delivery to the Representatives for the respective accounts of the several Underwriters of the Shares to be purchased on such date with any transfer taxes payable in connection with the sale of such Shares duly paid by the Company. Delivery of the Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds upon delivery to the Underwriters of certificates (in form and substance reasonably satisfactory to the Underwriters) representing the Shares (or if uncertificated through the full fast transfer facilities of the The Depository Trust Company (the “DTC”)) for unless the account of the Underwriters. The Shares Representatives shall be registered in such names and in such denominations as the Underwriters may request in writing at least two (2) Business Days prior to the Closing Date. If certificated, the Company will permit the Underwriters to examine and package the Shares for delivery at least one (1) full Business Day prior to the Closing Date. The Company shall not be obligated to sell or deliver the Shares except upon tender of payment by the Underwriter for all the Sharesotherwise instruct.
Appears in 1 contract
Samples: Underwriting Agreement (Southwest Gas Holdings, Inc.)