Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at 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 “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 3 contracts

Samples: Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.)

Appears in 3 contracts

Samples: Underwriting Agreement (Tetraphase Pharmaceuticals Inc), Underwriting Agreement (Tetraphase Pharmaceuticals Inc), Underwriting Agreement (Tetraphase Pharmaceuticals Inc)

Appears in 3 contracts

Samples: Underwriting Agreement (Stone Energy Corp), Underwriting Agreement (Geo Group Inc), Underwriting Agreement (Geo Group Inc)

Appears in 3 contracts

Samples: Underwriting Agreement (Petrohawk Energy Corp), Underwriting Agreement (Petrohawk Energy Corp), Underwriting Agreement (Petrohawk Energy Corp)

Appears in 3 contracts

Samples: Underwriting Agreement (Entropic Communications Inc), Underwriting Agreement (CCS Medical Holdings, Inc.), Underwriting Agreement (Varolii CORP)

Appears in 3 contracts

Samples: Underwriting Agreement (Pacira Pharmaceuticals, Inc.), Underwriting Agreement (Pacira Pharmaceuticals, Inc.), Underwriting Agreement (Cempra, Inc.)

Appears in 2 contracts

Samples: Underwriting Agreement (RSP Permian, Inc.), Underwriting Agreement (RSP Permian, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third (3rd) 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~~ Representative and the Company. This date and time are sometimes referred to herein as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the ~~Representatives~~ Representative shall otherwise instruct. The option for the Option Stock granted in Section 3 2 will expire 30 thirty (30) days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor ~~later~~ earlier than the ~~fifth~~ second (2nd) business day after the date on which the option shall have been exercised nor later than the fifth (5th) business day after the date on which the options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the applicable Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the ~~respective~~ aggregate purchase ~~prices~~ price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (Fibrocell Science, Inc.), Underwriting Agreement (Fibrocell Science, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at 10:00~~ [10:00] A.M., New York City time, on the ~~fourth~~ [third] 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 “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholder by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholder and payment for the Option Stock by the several Underwriters through the Representatives shall be made at ~~10:00~~ [10:00] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholder shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholder to or upon the order of the ~~Company~~ Selling Stockholder of the purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by the ~~Company~~Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (Civitas Solutions, Inc.), Underwriting Agreement (Civitas Solutions, Inc.)

Appears in 2 contracts

Samples: Underwriting Agreement (Crimson Exploration Inc.), Underwriting Agreement (Crimson Exploration Inc.)

Appears in 2 contracts

Samples: Underwriting Agreement (Platform Specialty Products Corp), Underwriting Agreement (Platform Specialty Products Corp)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of ~~Xxxxxx & Xxxxxxx~~ Gxxxxxx Procter LLP, ~~000 Xxxxx Xxx.~~500 Xxxxxxxxx Xxxxxx, ~~Xxxxxxx~~Xxx Xxxx, ~~Xxxxx 00000~~ Xxx Xxxx 00000, at 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 “~~Initial~~ First Delivery Date.” On the First Delivery of Date, the Company and the Selling Stockholders shall deliver or cause to be delivered certificates representing the Firm Stock ~~shall be made~~ to the Representatives for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company~~ to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available ~~funds to the accounts specified by the Company~~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 obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Delivery of the Firm Stock shall be made through the facilities of ~~The Depository Trust Company (“DTC”)~~ the DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time ~~in part~~ by written notice being given to the Company by the Representatives~~; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day~~. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the ~~Initial~~ First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is are sometimes referred to as an a “~~Option Stock~~ Subsequent Delivery Date”, ” and the ~~Initial~~ First Delivery Date and any ~~Option Stock~~ Subsequent Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of ~~the Option Stock by the Company~~ and payment for the Option Stock ~~by the several Underwriters through the Representatives~~ shall be made at ~~10:00 A.M., New York City time, on~~ the ~~date~~ place specified in the ~~corresponding notice described in~~ first sentence of the ~~preceding~~ first paragraph of this Section 4 (or at such other ~~date or~~ place as shall be determined by agreement between the Representatives and the ~~Company~~Custodian) at 10:00 A.M., New York City time, on each such Subsequent Delivery Date. On ~~the Option Stock~~ such Subsequent Delivery Date, the Company shall deliver or cause to be delivered the certificates representing the Option Stock to be purchased on such Subsequent Delivery Date to the Representatives for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company~~ to or upon the order of the Company of the purchase price by wire transfer in immediately available ~~funds to the accounts specified by the Company~~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 obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Delivery of the Option Stock shall be made through the facilities of the DTC unless the Representatives shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (Eagle Test Systems, Inc.), Underwriting Agreement (Eagle Test Systems, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at 10:00~~ [10:00] A.M., New York City time, at the offices of Xxxxxx & Xxxxxx L.L.P., 0000 Xxxxxx Xxxxxx, Suite 2500, Houston, Texas 77002, on the ~~fourth~~ third 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 “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives ~~and~~ to or upon the order of the Company of the respective aggregate purchase prices of the Firm Stock being sold by ~~the Company to or upon the order of~~ the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representatives shall be made at ~~10:00~~ [10:00] A.M., New York City time, at the offices of Xxxxxx & Xxxxxx L.L.P., 0000 Xxxxxx Xxxxxx, Suite 2500, Houston, Texas 77002, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (Frank's International N.V.), Underwriting Agreement (Frank's International N.V.)

Appears in 2 contracts

Samples: Underwriting Agreement (ANTERO RESOURCES Corp), Underwriting Agreement

Appears in 2 contracts

Samples: Underwriting Agreement (Tetraphase Pharmaceuticals Inc), Underwriting Agreement (Tetraphase Pharmaceuticals Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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 “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Option Stock Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been ~~exercised~~exercised unless otherwise agreed in writing by the Company and the Representatives. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and the Option Stock Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, the Company and the Option Stock Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company and the Option Stock Selling Stockholders to or upon the order of the Company and the Option Stock Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Option Stock Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Option Stock Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (RSP Permian, Inc.), Underwriting Agreement (RSP Permian, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at 10:00~~ 9:00 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 “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company by the Representatives~~Company; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representatives shall be made at ~~10:00~~ 9:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (Jarden Corp), Underwriting Agreement (Jarden Corp)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representatives, the Company and the ~~Company~~Selling Stockholder. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the ~~Company~~ Selling Stockholder to or upon the order of the ~~Company~~ Selling Stockholder of the purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by the ~~Company~~Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company (on behalf of the Selling Stockholder) or the Selling Stockholder shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholder by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholder and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representatives, the Company and the ~~Company~~Selling Stockholder. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholder shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the ~~respective~~ aggregate purchase ~~prices~~ price of the Option Stock being sold by the ~~Company~~ Selling Stockholder to or upon the order of the ~~Company~~ Selling Stockholder of the purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by the ~~Company~~Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company (on behalf of the Selling Stockholder) or the Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement, Underwriting Agreement (Advanced Drainage Systems, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (Orchid Island Capital, Inc.), Underwriting Agreement (Five Oaks Investment Corp.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives for the account of each~~ Underwriter against payment by the ~~several Underwriters through the Representatives~~ Underwriter and of ~~the respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each Underwriter hereunder~~the Underwriter. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Underwriter shall otherwise instruct. The option granted in Section 3 2 will expire at 5:00 p.m., New York City time, 30 days after the date of this Agreement and may be exercised in whole or from time to time (but not more than twice) in part by written notice being given to the Company by the ~~Representatives~~Underwriter; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Underwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the ~~several Underwriters through the Representatives~~ Underwriter shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Underwriter and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives for the account of each~~ Underwriter against payment by the ~~several Underwriters through the Representatives~~ Underwriter and of the ~~respective~~ aggregate purchase ~~prices~~ price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each Underwriter hereunder~~the Underwriter. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Underwriter shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (Halozyme Therapeutics Inc), Underwriting Agreement (Halozyme Therapeutics Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 will expire 30 45 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (Orchid Island Capital, Inc.), Letter Agreement (Orchid Island Capital, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of ~~Xxxxxx~~ Xxxxx, Xxxxxxx & ~~Xxxxxxx~~ Xxxxxxxxx, LLP, ~~000 Xxxxx Xxx.~~Boston, ~~Xxxxxxx~~Massachusetts, ~~Xxxxx 00000~~ at 10:00 A.M., ~~New York City~~ Eastern 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 ~~“Initial~~ "First Delivery Date.” " On the First Delivery of Date, the Company shall deliver or cause to be delivered the Firm Stock ~~shall be made~~ to the Representatives for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company~~ to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to ~~the accounts specified~~ a bank account designated by the Company. The Company shall deliver the Firm Shares to Xxxxxx Brothers Inc. through the facilities of the Depository Trust Company ("DTC") for the respective accounts of the several Underwriters. Time shall be of the essence, and delivery at the time ~~and place~~ specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall ~~deliver~~ make the certificates representing the Firm Stock ~~through the facilities of The Depository Trust Company (“DTC”) unless~~ available for inspection by the Representatives ~~shall otherwise instruct~~in New York, New York, not later than 2:00 P.M., Eastern time, on the business day prior to the First Delivery Date. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time ~~in part~~ by written notice being given to the Company by the Representatives~~; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day~~. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being ~~exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued~~ exercised and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the ~~Initial~~ First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. ~~Each~~ The date and time the shares of Option Stock are delivered is are sometimes referred to as ~~an “Option Stock~~ a "Subsequent Delivery Date”, " and the ~~Initial~~ First Delivery Date and any ~~Option Stock~~ Subsequent Delivery Date are sometimes each referred to as a "Delivery Date.” ". Delivery of ~~the Option Stock by the Company~~ and payment for the Option Stock ~~by the several Underwriters through the Representatives~~ shall be made at ~~10:00 A.M., New York City time, on~~ the ~~date~~ place specified in the ~~corresponding notice described in~~ first sentence of the ~~preceding~~ first paragraph of this Section 4 (or at such other ~~date or~~ place as shall be determined by agreement between the Representatives and the Company) at 10:00 A.M., Eastern time, on such Subsequent Delivery Date. On ~~the Option Stock~~ such Subsequent Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company~~ to or upon the order of the Company of the purchase price by wire transfer in immediately available ~~funds~~ funds. The Company shall deliver the Option Stock to Xxxxxx Brothers Inc. through the facilities of DTC for the respective accounts ~~specified by~~ of the ~~Company~~several Underwriters. Time shall be of the essence, and delivery at the time ~~and place~~ specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall ~~deliver~~ make the certificates representing the Option Stock ~~through the facilities of DTC unless~~ available for inspection by the Representatives ~~shall otherwise instruct~~in New York, New York, not later than 2:00 P.M., Eastern time, on the business day prior to such Subsequent Delivery Date.

Appears in 2 contracts

Samples: Underwriting Agreement (Maker Communications Inc), Underwriting Agreement (Maker Communications Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ [third] 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 “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (AdvancePierre Foods Holdings, Inc.), Underwriting Agreement (AdvancePierre Foods Holdings, Inc.)

Appears in 2 contracts

Samples: Underwriting Agreement (Trevena Inc), Underwriting Agreement (Trevena Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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 “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; ~~provided, however,~~ provided that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (Paycom Software, Inc.), Underwriting Agreement (Paycom Software, Inc.)

Appears in 2 contracts

Samples: Underwriting Agreement (Dupont Fabros Technology, Inc.), Underwriting Agreement (Dupont Fabros Technology, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~Selling Stockholders. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. In addition, subject to the sale of the Firm Stock by the Selling Stockholders to the Underwriters in compliance with the terms of this Agreement, payment of the aggregate purchase price of the Repurchase Shares shall be made by the Company to the Underwriters in immediately available funds to an account specified by the Representatives, against delivery of such Repurchase Shares for the account of the Company at the Initial Delivery Date. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the ~~Company~~Selling Stockholders. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (Td Synnex Corp), Underwriting Agreement (Td Synnex Corp)

Appears in 2 contracts

Samples: Underwriting Agreement (Sequenom Inc), Underwriting Agreement (Evercore Partners Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 ~~A.M.~~a.m., New York City time, on the ~~fourth full~~ third (or, if the purchase price set forth in Section 2 is determined after 4:30 p.m., New York City time, the fourth) business day ~~following~~ after the date of this ~~Agreement~~ Agreement, or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the ~~respective aggregate~~ purchase ~~prices~~ price of the Firm Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the ~~accounts~~ account specified by the Company~~. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder~~. The Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day~~Representative. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 ~~A.M.~~a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the ~~respective aggregate~~ purchase ~~prices~~ price of the Option Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the ~~accounts~~ account specified by the Company~~. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder~~. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 2 contracts

Samples: Underwriting Agreement (Staar Surgical Co), Underwriting Agreement (3d Systems Corp)

Appears in 2 contracts

Samples: Underwriting Agreement (Applied Genetic Technologies Corp), Underwriting Agreement (Applied Genetic Technologies Corp)

Appears in 1 contract

Samples: Underwriting Agreement (FusionStorm Global, Inc.)

Appears in 1 contract

Samples: Underwriting Agreement (Four Corners Property Trust, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ second (third, if the pricing occurs after 4:30 P.M. (New York City time) on any given day) 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~~Company and the Selling Stockholder. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholder to or upon the order of the Company and the Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholder shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Selling Stockholder by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholder and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the ~~Company~~Selling Stockholder. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholder shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives and of the ~~respective~~ aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholder to or upon the order of the ~~Company~~ Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Skyward Specialty Insurance Group, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on [—], 2013 at the ~~fourth full business day following the date~~ offices of ~~this Agreement~~ Xxxxxx, Xxxx & Xxxxxxxx LLP, 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000 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 “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives ~~and~~ of the ~~respective~~ aggregate purchase ~~prices~~ price of the Option Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Liposcience Inc)

Appears in 1 contract

Samples: Letter Agreement (Orchid Island Capital, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at 10:00~~ [10:00] A.M., New York City time, on the ~~fourth~~ [third] 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 “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Vestar Selling Stockholders and the Attorney-in-Fact by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by ~~the Company~~ certain Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at ~~10:00~~ [10:00] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, ~~the Company~~ such Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by ~~the Company~~ such Selling Stockholders to or upon the order of ~~the Company~~ such Selling Stockholders of the purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by ~~the Company~~such Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. ~~The Company~~ Such Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Civitas Solutions, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of ~~Xxxxxx~~ Morrison & ~~Xxxxxxx~~ Foerster LLP, ~~000 Xxxxx Xxx.~~1290 Avenue of the Americas, ~~Xxxxxxx~~New York, ~~Xxxxx 00000 at 10:00~~ New Yoxx 00000, ax 00:00 A.M., ~~New York City time~~Xxx Xxxx Xxxx xxxx, ~~on the fourth full business~~ xx xxx [xxxxx / xxxxxx] xxxx xxxxness 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 ~~“Initial~~ "FIRST DELIVERY DATE." On the First Delivery Date~~.” Delivery of~~ , the Company shall deliver or cause to be delivered the Firm Stock ~~shall be made to~~ through the ~~Representatives~~ facilities of the Depository Trust Company ("DTC") for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company~~ to or upon the order of the Company of the purchase price by wire transfer in immediately available ~~funds to the accounts specified by the Company~~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 obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Upon delivery, the Firm Stock ~~through the facilities of The Depository Trust Company (“DTC”) unless~~ shall be registered in such names and in such denominations as the Representatives shall ~~otherwise instruct~~request in writing not less than two full business days prior to the First Delivery Date. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or ~~from time to time~~ in part at any time during such period (but not more than once) by written notice being given to the Company by the Representatives~~; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day~~. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the ~~Initial~~ First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. ~~Each~~ The date and time the shares of Option Stock are delivered is are sometimes referred to as ~~an “Option Stock Delivery Date”,~~ a "SECOND DELIVERY DATE" and the ~~Initial~~ First Delivery Date and any ~~Option Stock~~ Second Delivery Date are sometimes each referred to as a "~~Delivery Date.”~~ DELIVERY DATE". Delivery of ~~the Option Stock by the Company~~ and payment for the Option Stock ~~by the several Underwriters through the Representatives~~ shall be made at ~~10:00 A.M., New York City time, on~~ the ~~date~~ place specified in the ~~corresponding notice described in~~ first sentence of the ~~preceding~~ first paragraph of this Section 4 (or at such other ~~date or~~ place as shall be determined by agreement between the Representatives and the Company) at 10:00 A.M., New York City time, on such Second Delivery Date. On ~~the Option Stock~~ such Second Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to through the ~~Representatives~~ facilities of the DTC for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company~~ to or upon the order of the Company of the purchase price by wire transfer in immediately available ~~funds to the accounts specified by the Company~~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 obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Upon delivery, the Option Stock ~~through the facilities of DTC unless~~ shall be registered in such names and in such denominations as the Representatives shall ~~otherwise instruct~~request in the aforesaid written notice.

Appears in 1 contract

Samples: Ariad Pharmaceuticals Inc

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representative and the Company. This date and time are sometimes referred to as the “"Initial Delivery Date.” " Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time ~~and place~~ specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Delivery of the Firm Stock shall be made through the facilities of The Depository Trust Company ~~(“DTC”)~~ unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. ~~Each~~ The date and time the shares of Option Stock are delivered is are sometimes referred to as an “"Option Stock Delivery Date”, ," and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "Delivery Date.” " Delivery of ~~the Option Stock by the Company~~ and payment for the Option Stock ~~by the several Underwriters through the Representatives~~ shall be made at the place specified in the first sentence of the first paragraph of this Section 4 (or at such other place as shall be determined by agreement between the Representative and the Company) at 10:00 A.M., New York City time, on ~~the date specified in the corresponding notice described in the preceding paragraph or at~~ such ~~other date or place as shall be determined by agreement between the Representatives and the Company. On the~~ Option Stock Delivery Date, . Delivery of the ~~Company~~ Firm Stock shall ~~deliver or cause to~~ be ~~delivered the Option Stock~~ made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the respective aggregate purchase prices of the ~~Option~~ Firm Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time ~~and place~~ specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. ~~The Company~~ Delivery of the Firm Stock shall ~~deliver the Option Stock~~ be made through the facilities of ~~DTC~~ The Depository Trust Company unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Cogent Communications Group Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ second (third, if the pricing occurs after 4:30 P.M. (New York City time) on any given day) 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~~Selling Stockholder. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the ~~Company~~ Selling Stockholder to or upon the order of the ~~Company~~ Selling Stockholder of the purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by the ~~Company~~Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholder shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Selling Stockholder by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholder and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the ~~Company~~Selling Stockholder. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholder shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives and of the ~~respective~~ aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholder to or upon the order of the ~~Company~~ Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Skyward Specialty Insurance Group, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ [third][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 “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names ~~in which the shares of Option Stock are to be registered, the~~ and denominations in which the shares of Option Stock are to be ~~issued~~ registered and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement ~~between~~ among the ~~Representatives~~ Representatives, the Selling Stockholders and the Company. On the Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (GSE Holding, Inc.)

Appears in 1 contract

Samples: Underwriting Agreement (Rally Software Development Corp)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 ~~A.M.~~a.m., New York City time, on the ~~fourth~~ second 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 “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the ~~Company~~ Selling Stockholder to or upon the order of the ~~Company~~ Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholder shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholder by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the ~~Company~~ Selling Stockholder and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 ~~A.M.~~a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholder shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholder to or upon the order of the ~~Company~~ Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Allegro Microsystems, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made ~~at the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000~~ at 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 “Initial Delivery Date.” Delivery of the Firm Stock and any Option Stock to be purchased and sold on the Initial Delivery Date shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives ~~and~~ of the respective aggregate purchase prices of the Firm Stock and any such Option Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company ~~of the purchase price~~ and any Attorney-in-Fact, respectively, by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and any Attorney-in-Fact. Time shall be of the essence, and delivery or payment, as the case may be, at the time and place and in the manner specified pursuant to this Agreement is a further condition of the ~~obligation~~ several obligations of each ~~Underwriter~~ Underwriter, the Company and each Selling Stockholder hereunder. The Company and the Selling Stockholders, severally and not jointly, shall deliver or cause to be delivered the respective shares of Firm Stock and, if applicable, Option Stock to be sold by each of them through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Option Stockholder and the Company by the Representatives; provided that if such expiration date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, ~~the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued~~ and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time (i) shall be later than the Initial Delivery Date, and (ii) shall not be earlier than the ~~Initial Delivery Date~~ third business day nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Option Stockholder and/or the Company and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Option Stockholder and/or the Company, as the case may be. On the Option Stock Delivery Date, the Company and/or the Option Stockholder, as the case may be, shall deliver or cause to be ~~delivered~~ delivered, severally and not jointly, the respective shares of Option ~~Stock~~ Stock, if any, to be sold by each of them to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives ~~and~~ of the aggregate respective ~~aggregate~~ purchase prices of the Option Stock being sold by the ~~Company to or upon~~ Option Stockholder and/or the ~~order of~~ Company, as the ~~Company of the purchase price~~ case may be, by wire transfer in immediately available funds to the ~~accounts~~ respective account(s) specified by the Option Stockholder and/or the Company, as the case may be. Time shall be of the essence, and delivery and payment at the time and place and in the manner specified pursuant to this Agreement is a further condition of the ~~obligation~~ several obligations of each ~~Underwriter~~ Underwriter, the Option Stockholder and the Company hereunder. The ~~Company~~ Option Stockholder and/or the Company, as the case may be, severally and not jointly, shall deliver or cause to be delivered the respective shares of Option ~~Stock~~ Stock, if any, to be sold by each of them through the facilities of DTC unless the Representatives shall otherwise instruct. Anything in this Agreement to the contrary notwithstanding, upon written instructions from any Attorney-in-Fact to the Representatives and the Custodian, there may be deducted from any amounts payable by the Underwriters to any Selling Stockholder pursuant to this Section 5 (a) such amounts as may be necessary to pay (or reimburse the Company for the payment of) the expenses that such Selling Stockholder has agreed to pay pursuant to Section 8 hereof or pursuant to the Custody Agreement and (b) in the event that any shares of Stock sold by such Selling Stockholder to the Underwriters are issued upon the exercise of stock options in respect of which notices of option exercise have been deposited with or otherwise delivered to the Custodian as contemplated by Section 2(e)(iii) hereof, such amounts as any Attorney-in-Fact may deem necessary to pay the exercise price of such options and to pay or provide for all taxes, duties, imposts or withholdings imposed or payable in connection therewith.

Appears in 1 contract

Samples: Underwriting Agreement (Corsair Components, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at 10:00~~ [10:00] A.M., New York City time, on the ~~fourth~~ [third] 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 “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by ~~the Company to or upon the order of~~ the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representatives shall be made at ~~10:00~~ [10:00] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.~~each

Appears in 1 contract

Samples: Underwriting Agreement (Trevena Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the ~~offices~~ office of Xxxxxx & Xxxxxxx LLP, ~~000 Xxxxx Xxx.~~New York, ~~Xxxxxxx, Xxxxx 00000~~ New York at 10:00 A.M., New York City time, on the third or (as permitted under Rule 15c6-1 under the Exchange Act) fourth ~~full~~ business day ~~following~~ (unless postponed in accordance with the ~~date~~ provisions of ~~this Agreement~~ Section 9 hereof) after the determination of the public offering price of the Stock), or at such other time not later than ten business days after such date ~~or place~~ as shall be ~~determined~~ agreed upon by ~~agreement between~~ the ~~Representatives~~ Representative and the Company. This date and time are sometimes referred to as the “~~Initial~~ First Delivery Date.” On the First Delivery of Date, the Company shall deliver or cause to be delivered Certificates representing the Firm Stock ~~shall be made~~ to the ~~Representatives~~ Representative for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company~~ to or upon the order of the Company of the purchase price by wire transfer in immediately available ~~funds to the accounts specified by the Company~~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 obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Upon delivery, the Firm Stock ~~through~~ shall be registered in such names and in such denominations as the ~~facilities~~ Representative shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of ~~The Depository Trust~~ expediting the checking and packaging of the certificates for the Firm Stock, the Company ~~(“DTC”) unless~~ shall make the ~~Representatives shall otherwise instruct~~certificates representing the Firm Stock available for inspection by the Representative in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the First Delivery Date. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time ~~in part~~ by written notice being given to the Company by the ~~Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day~~Representative. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the ~~Initial~~ First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised not later than the fifth business day after the date on which the option shall have been exercised. ~~Each~~ The date and time the shares of Option Stock are delivered is are sometimes referred to as an a “~~Option Stock~~ Second Delivery Date”, ” and the ~~Initial~~ First Delivery Date and any ~~Option Stock~~ Second Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of ~~the Option Stock by the Company~~ and payment for the Option Stock ~~by the several Underwriters through the Representatives~~ shall be made at the place specified in the first sentence of the first paragraph of this Section 4 (or at such other place as shall be determined by agreement between the Representative and the Company) at 10:00 A.M., New York City time, on ~~the date specified in the corresponding notice described in the preceding paragraph or at~~ such ~~other date or place as shall be determined by agreement between the Representatives and the Company~~Second Delivery Date. On ~~the Option Stock~~ such Second Delivery Date, the Company shall deliver or cause to be delivered the certificates representing the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company~~ to or upon the order of the Company of the purchase price by wire transfer in immediately available ~~funds to the accounts specified by the Company~~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 obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Upon delivery, the Option Stock ~~through~~ shall be registered in such names and in such denominations as the ~~facilities~~ Representative shall request in the aforesaid written notice. For the purpose of ~~DTC unless~~ expediting the ~~Representatives~~ checking and packaging of the certificates for the Option Stock, the Company shall ~~otherwise instruct~~make the certificates representing the Option Stock available for inspection by the Representative in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to such Second Delivery Date.

Appears in 1 contract

Samples: Underwriting Agreement (Intuitive Surgical Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 ~~A.M.~~a.m., New York City time, on the ~~fourth~~ third 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 “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Delivery of the Firm Stock shall be made through the facilities of The Depository Trust Company ~~(“DTC”)~~ unless ~~the Representatives~~ Xxxxxx Brothers Inc. and Bear, Xxxxxxx & Co. Inc. shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by ~~the Representatives~~Xxxxxx Brothers Inc. and Bear, Xxxxxxx & Co. Inc.; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by ~~the Representatives~~Xxxxxx Brothers Inc. and Bear, Xxxxxxx & Co. Inc., when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 ~~A.M.~~a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between ~~the Representatives~~ Xxxxxx Brothers Inc. and Bear, Xxxxxxx & Co. Inc. and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless ~~the Representatives~~ Xxxxxx Brothers Inc. and Bear, Xxxxxxx & Co. Inc. shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Ntelos Holdings Corp)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of ~~Xxxxxx~~ Mxxxxxxx & ~~Xxxxxxx~~ Fxxxxxxx LLP, ~~000 Xxxxx Xxx.~~1000 Xxxxxx xx xxx Xxxxxxxx, ~~Xxxxxxx~~Xxx Xxxx, ~~Xxxxx 00000~~ Xxx Xxxx 00000, at 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 “~~Initial~~ First Delivery Date.” On the First Delivery of Date, the Company shall deliver or cause to be delivered the Firm Stock ~~shall be made to~~ through the ~~Representatives~~ facilities of the Depository Trust Company (“DTC”) for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company~~ to or upon the order of the Company of the purchase price by wire transfer in immediately available ~~funds to the accounts specified by the Company~~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 obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Upon delivery, the Firm Stock ~~through the facilities of The Depository Trust Company (“DTC”) unless~~ shall be registered in such names and in such denominations as the Representatives shall ~~otherwise instruct~~request in writing not less than two full business days prior to the First Delivery Date. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the ~~Initial~~ First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. ~~Each~~ The date and time the shares of Option Stock are delivered is are sometimes referred to as an a “~~Option Stock~~ Second Delivery Date”, ” and the ~~Initial~~ First Delivery Date and any ~~Option Stock~~ Second Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of ~~the Option Stock by the Company~~ and payment for the Option Stock ~~by the several Underwriters through the Representatives~~ shall be made at ~~10:00 A.M., New York City time, on~~ the ~~date~~ place specified in the ~~corresponding notice described in~~ first sentence of the ~~preceding~~ first paragraph of this Section 4 (or at such other ~~date or~~ place as shall be determined by agreement between the Representatives and the Company) at 10:00 A.M., New York City time, on such Second Delivery Date. On ~~the Option Stock~~ such Second Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to through the ~~Representatives~~ facilities of the DTC for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company~~ to or upon the order of the Company of the purchase price by wire transfer in immediately available ~~funds to the accounts specified by the Company~~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 obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Upon delivery, the Option Stock ~~through the facilities of DTC unless~~ shall be registered in such names and in such denominations as the Representatives shall ~~otherwise instruct~~request in the aforesaid written notice.

Appears in 1 contract

Samples: Underwriting Agreement (Ariad Pharmaceuticals Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the ~~Firm~~ Underwritten Stock shall be made ~~at the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000~~ at 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the ~~Firm~~ Underwritten Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the ~~Firm~~ Underwritten Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the ~~Firm~~ Underwritten Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Five Oaks Investment Corp.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ fifth 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to ~~the Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase ~~prices~~ price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised only once (unless otherwise agreed to in ~~whole or from time to time in part~~ writing by the Company) by the Underwriters by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. ~~Each~~ The date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Webster Financial Corp)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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 “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives ~~and~~ of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder~~. The Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct~~. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be ~~issued~~ registered and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement ~~between~~ among the ~~Representatives~~ Representatives, the Selling Stockholders and the Company. On the Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Thermon Group Holdings, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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 “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been ~~exercised~~exercised unless otherwise agreed in writing by the Selling Stockholders and the Representatives. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date,”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the ~~Company~~Selling Stockholders. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (RSP Permian, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made ~~at the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000~~ at 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~~ Representative and the Company. This date and time are sometimes referred to as the “"Initial Delivery Date.” " Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the respective aggregate purchase prices of the Firm Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company of the purchase price~~ Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Firm Stock through the facilities of ~~The~~ the Depository Trust Company (“"DTC”") unless the ~~Representatives~~ Representative shall otherwise instruct. Upon delivery, the Selling Stockholders shall register the Firm Stock in such names and in such denominations as the Representative shall request in writing not less than two full business days prior to the Initial Delivery date. For the purpose of expediting the checking and packaging of the certificates for the Firm Stock, the Selling Stockholders shall make the certificates representing the Firm Stock available for inspection by the Representative in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the Initial Delivery Date. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the ~~Representatives~~Representative; provided that if such ~~date~~ 30th day falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “"Option Stock Delivery Date”, ," and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "Delivery Date.” " Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company of the purchase price~~ Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct. Upon delivery, the Selling Stockholders shall register the Option Stock in such names and in such denominations as the Representative shall request in writing not less than two full business days prior to the Option Stock Delivery date. For the purpose of expediting the checking and packaging of the certificates for the Option Stock, the Selling Stockholders shall make the certificates representing the Option Stock available for inspection by the Representative in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the Option Stock Delivery Date.

Appears in 1 contract

Samples: Underwriting Agreement (Genoptix Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of Xxxxxx ~~& Xxxxxxx~~ Godward LLP, ~~000 Xxxxx Xxx.~~0000 Xxxxxxx Xxxxxx, ~~Xxxxxxx~~Xxxx Xxxx, ~~Xxxxx 00000~~ Xxxxxxxxxx, 00000, at 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 “~~Initial~~ First Delivery Date.” On the First Delivery of Date, the Company (with respect to the Company Firm Stock) and each Selling Stockholder (with respect to the Selling Stockholder Firm Stock to be sold by such Selling Stockholder) shall deliver or cause to be delivered the Firm Stock ~~shall be made~~ to the Representatives for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company~~ to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available ~~funds to the accounts specified by the Company~~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 obligation of each Underwriter hereunder. The ~~Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct. The~~ option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time ~~in part~~ by written notice being given to the Company and the Selling Stockholders by the Representatives~~; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day~~. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being ~~exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued~~ exercised and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the ~~Initial~~ First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. ~~Each~~ The date and time the shares of Option Stock are delivered is are sometimes referred to as an a “~~Option Stock~~ Subsequent Delivery Date”, ” and the ~~Initial~~ First Delivery Date and any ~~Option Stock~~ Subsequent Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of ~~the Option Stock by the Company~~ and payment for the Option Stock ~~by the several Underwriters through the Representatives~~ shall be made at ~~10:00 A.M., New York City time, on~~ the ~~date~~ place specified in the ~~corresponding notice described in~~ first sentence of the ~~preceding~~ first paragraph of this Section 5 (or at such other ~~date or~~ place as shall be determined by agreement between the Representatives and the Company) at 10:00 A.M., New York City time, on each such Subsequent Delivery Date. On ~~the Option Stock~~ each such Subsequent Delivery Date, ~~the Company~~ each Selling Stockholder shall deliver or cause to be delivered the Option Stock to be purchased on such Subsequent Delivery Date to the Representatives for the account of each Underwriter against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company~~ to or upon the order of ~~the Company~~ such Selling Stockholders of the purchase price by wire transfer in immediately available ~~funds to the accounts specified by the Company~~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 obligation of each Underwriter hereunder~~. The Company shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct~~.

Appears in 1 contract

Samples: Underwriting Agreement (Rackable Systems, Inc.)

Appears in 1 contract

Samples: Underwriting Agreement (Azure Power Global LTD)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Underwriter for ~~the~~ its own account ~~of each Underwriter~~ against payment by the ~~several Underwriters through the Representatives and~~ Underwriter of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each~~ the Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the ~~Representatives~~ Underwriter shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Underwriter; provided that if such expiration date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Underwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the ~~several Underwriters through the Representatives~~ Underwriter shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Underwriter and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Underwriter for ~~the~~ its own account ~~of each Underwriter~~ against payment by the ~~several Underwriters through the Representatives and~~ Underwriter of the ~~respective~~ aggregate purchase ~~prices~~ price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each~~ the Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Underwriter shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Acacia Research Corp)

Appears in 1 contract

Samples: Underwriting Agreement (Enviva Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ [third] 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~~ Representative and the Company. This date and time are sometimes referred to as the “"Initial Delivery Date.” " Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company of and the ~~purchase price~~ Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The~~ the Depository Trust Company (“"DTC”") unless the ~~Representatives~~ Representative shall otherwise instruct. Upon delivery, the Company and the Selling Stockholders shall register the Firm Stock in such names and in such denominations as the Representative shall request in writing not less than two full business days prior to the Initial Delivery date. For the purpose of expediting the checking and packaging of the certificates for the Firm Stock, the Company and the Selling Stockholders shall make the certificates representing the Firm Stock available for inspection by the Representative in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the Initial Delivery Date. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the ~~Representatives~~Representative; provided that if such ~~date~~ 30th day falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “"Option Stock Delivery Date”, ," and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "Delivery Date.” " Delivery of the Option Stock by the Company and the Selling Stockholders and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company and the Selling Stockholders shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the respective aggregate purchase prices of the Option Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company of and the ~~purchase price~~ Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct. Upon delivery, the Company and the Selling Stockholders shall register the Option Stock in such names and in such denominations as the Representative shall request in writing not less than two full business days prior to the Option Stock Delivery date. For the purpose of expediting the checking and packaging of the certificates for the Option Stock, the Company and the Selling Stockholders shall make the certificates representing the Option Stock available for inspection by the Representative in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the Option Stock Delivery Date.

Appears in 1 contract

Samples: Genoptix Inc

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~Selling Stockholders. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Shareholders shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Company, the Oaktree Stockholders and the Advance Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by ~~the Company~~ certain Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and ~~the Company~~such Selling Stockholders. On ~~the~~ each Option Stock Delivery Date, ~~the Company~~ such Selling Stockholders shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by ~~the Company~~ such Selling Stockholders to or upon the order of ~~the Company~~ such Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by ~~the Company~~such Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. ~~The Company~~ Such Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (AdvancePierre Foods Holdings, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at 10:00~~ 9:00 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company by the Representatives~~Company; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at ~~10:00~~ 9:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Jarden Corp)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholder to or upon the order of the Company and the Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative within such 30 day period; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of equity shares of Option Stock as to which the option is being exercised, the names in which the equity shares of Option Stock are to be registered, the denominations in which the equity shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the equity shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the equity shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On ~~the~~ each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Azure Power Global LTD)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth full~~ third (fourth, if the pricing occurs after 4:30 P.M. (New York City time) on any given day) business day following the date of this Agreement (unless postponed in accordance with the provision of Section 9) or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time ~~the~~ that shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the applicable Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the ~~respective~~ aggregate purchase ~~prices~~ price of the Option Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Endostim, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the ~~respective aggregate~~ purchase ~~prices~~ price of the Firm Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the ~~accounts~~ account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each Underwriter~~ the Underwriters hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the ~~aggregate~~ number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives for the account of each Underwriter~~ Underwriters against payment by the ~~several~~ Underwriters ~~through the Representatives and~~ of the ~~respective aggregate~~ purchase ~~prices~~ price of the Option Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the ~~accounts~~ account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Anthracite Capital Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at 10:00~~ [ 🌑 ] A.M., New York City time, on the ~~fourth~~ second 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 “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. ~~The Company~~ Each of the Selling Stockholders shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders subject to such option by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at ~~10:00~~ [ 🌑 ] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (AZEK Co Inc.)

Appears in 1 contract

Samples: Underwriting Agreement (International Market Centers, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ second (third, if the pricing occurs after 4:30 P.M. (New York City time) on any given day) 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~~Firm Selling Stockholder. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the ~~Company~~ Firm Selling Stockholder to or upon the order of the ~~Company~~ Firm Selling Stockholder of the purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by the ~~Company~~Firm Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Firm Selling Stockholder shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the ~~Company~~Selling Stockholders. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Skyward Specialty Insurance Group, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the ~~offices~~ office of ~~Xxxxxx~~ Brown, Rudnick, Freed & ~~Xxxxxxx LLP~~Gesmer, ~~000 Xxxxx Xxx.~~Xxx Xxxxxxxxx Xxxxxx, ~~Xxxxxxx~~Xxxxxx, ~~Xxxxx 00000~~ XX 00000, at 10:00 A.M., ~~New York City~~ Eastern time, on the ~~fourth~~ third full business day (unless otherwise required by the Commission pursuant to Rule 15c6-1 of the Exchange Act) following the date of this Agreement or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Lead Managers and the Company. This date and time are sometimes referred to as the ~~“Initial~~ "First Delivery Date.” " On the First Delivery of Date, the Company shall deliver or cause to be delivered certificates representing the Firm Stock ~~shall be made~~ to the ~~Representatives~~ Lead Managers for the account of each ~~Underwriter~~ International Manager against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company~~ to or upon the order of the Company of the purchase price by wire transfer in ~~immediately available funds to the accounts specified by the Company~~same-day 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 obligation of each ~~Underwriter~~ International Manager hereunder. ~~The Company shall deliver~~ Upon delivery, the Firm Stock ~~through~~ shall be registered in such names and in such denominations as the ~~facilities~~ Lead Managers shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of ~~The Depository Trust~~ expediting the checking and packaging of the certificates for the Firm Stock, the Company ~~(“DTC”) unless~~ shall make the ~~Representatives shall otherwise instruct~~certificates representing the Firm Stock available for inspection by the Lead Managers in New York, New York, not later than 2:00 P.M., Eastern time, on the business day prior to the First Delivery Date. ~~The option granted in Section 3 will expire 30 days~~ At any time on or before the thirtieth day after the date of this Agreement ~~and~~ the option granted in Section 2 may be exercised ~~in whole or from time to time in part~~ by written notice being given to the Company by the ~~Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day~~Lead Managers. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Lead Managers, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the ~~Initial~~ First Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the ~~fifth~~ third business day after the date on which the option shall have been exercised. ~~Each~~ The date and time the shares of Option Stock are delivered is are sometimes referred to as ~~an “Option Stock~~ the "Second Delivery Date”, " and the ~~Initial~~ First Delivery Date and ~~any Option Stock~~ the Second Delivery Date are sometimes each referred to as a "Delivery Date.” "). Delivery of ~~the Option Stock by the Company~~ and payment for the Option Stock ~~by the several Underwriters through the Representatives~~ shall be made at ~~10:00 A.M., New York City time, on~~ the ~~date~~ place specified in the ~~corresponding notice described in~~ first sentence of the ~~preceding~~ first paragraph of this Section 4 (or at such other ~~date or~~ place as shall be determined by agreement between the ~~Representatives~~ Lead Managers and the Company) at 10:00 A.M., Eastern time, on the Second Delivery Date. On the ~~Option Stock~~ Second Delivery Date, the Company shall deliver or cause to be delivered the certificates representing the Option Stock to the ~~Representatives~~ Lead Managers for the account of each ~~Underwriter~~ International Manager against payment ~~by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company~~ to or upon the order of the Company of the purchase price by wire transfer in ~~immediately available funds to the accounts specified by the Company~~same-day 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 obligation of each ~~Underwriter~~ International Manager hereunder. ~~The Company shall deliver~~ Upon delivery, the Option Stock ~~through~~ shall be registered in such names and in such denominations as the ~~facilities~~ Lead Managers shall request in the aforesaid written notice. For the purpose of ~~DTC unless~~ expediting the ~~Representatives~~ checking and packaging of the certificates for the Option Stock, the Company shall ~~otherwise instruct~~make the certificates representing the Option Stock available for inspection by the Lead Managers in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the Second Delivery Date.

Appears in 1 contract

Samples: Vivid Technologies Inc

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on ~~the fourth full business day following the date of this Agreement~~ May 1, 2009 or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Firm Stock being sold by ~~the Company to or upon the order of~~ the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Delphi Financial Group Inc/De)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the ~~Representatives for the~~ account of ~~each~~ the Underwriter against US-DOCS\72272474.19 payment by the ~~several Underwriters through the Representatives and~~ Underwriter of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each~~ the Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The~~ the Depository Trust Company (“DTC”) unless the ~~Representatives~~ Underwriter shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Underwriter; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Underwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the ~~several Underwriters through the Representatives~~ Underwriter shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Underwriter and the Company. On ~~the~~ each Option Stock Delivery Date, the Company shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to ~~the Representatives for~~ the account of ~~each Underwriter~~ the Underwriter, against payment by the ~~several Underwriters through the Representatives and~~ Underwriter of the ~~respective aggregate~~ purchase ~~prices~~ price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each~~ the Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Underwriter shall otherwise instruct.. US-DOCS\72272474.19

Appears in 1 contract

Samples: Underwriting Agreement (Parker Drilling Co /De/)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock and payment of the Firm Stock Manager Offering Payment shall be made ~~at the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000~~ at 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representatives, the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representatives and payment of the Option Stock Manager Offering Payment shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Letter Agreement (Five Oaks Investment Corp.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at 10:00 A.M., New York City time at the offices of Xxxxxx & Xxxxxxx LLP, 000 ~~Xxxxx Xxx., Xxxxxxx~~Xxxxxxxx Xxxxxx, Xxxxx ~~00000 at 10:00 A.M.~~0000, ~~New York City time~~Xxxxxx, Xxxxx 00000, on the ~~fourth~~ third 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~~ Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives for the account of each~~ Underwriter against payment by the ~~several Underwriters through the Representatives and~~ Underwriter of the respective aggregate purchase prices of the Firm Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company of the purchase price~~ Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each~~ the Underwriter hereunder. ~~The Company~~ Each of the Selling Stockholders shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the ~~Representatives~~ Underwriter shall otherwise instruct. In addition, payment of the purchase price for the Repurchase Stock shall be made by the Company to the Underwriter in Federal or other funds immediately available in New York City to an account designated by the Underwriter against delivery of such Repurchase Stock for the account of the Company at such place as shall be agreed upon by the Underwriter and the Company, on the Initial Delivery Date. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders subject to such option by the ~~Representatives~~Underwriter; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Underwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the ~~several Underwriters through the Representatives~~ Underwriter shall be made at 10:00 A.M., New York City ~~time~~time at the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxx 00000, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Underwriter and the Company. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option Stock ~~to the Representatives for the account of each Underwriter~~ against payment by the ~~several Underwriters through the Representatives and~~ Underwriter of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company of the purchase price~~ Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each~~ the Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Underwriter shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (AZEK Co Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 ~~A.M.~~a.m., New York City time, on ~~the fourth full business day following the date of this Agreement~~ April 15, 2016 or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the ~~Representatives~~ Underwriter for the account of ~~each~~ the Underwriter against payment by the ~~several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company~~ Underwriter to or upon the order of the Company and the Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each~~ the Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Underwriter shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholder by the ~~Representatives~~Underwriter; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Underwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholder and payment for the Option Stock by the ~~several Underwriters through the Representatives~~ Underwriter shall be made at 10:00 ~~A.M.~~a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Underwriter and the ~~Company~~Selling Stockholder. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholder shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Underwriter for the account of ~~each~~ the Underwriter against payment by the ~~several Underwriters through the Representatives~~ Underwriter and of the ~~respective~~ aggregate purchase ~~prices~~ price of the Option Stock being sold by the ~~Company~~ Selling Stockholder to or upon the order of the ~~Company~~ Selling Stockholder of the purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by the ~~Company~~Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each~~ the Underwriter hereunder. The ~~Company~~ Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Underwriter shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Rice Energy Inc.)

Appears in 1 contract

Samples: Underwriting Agreement (ShoreTel Inc)

Appears in 1 contract

Samples: Underwriting Agreement (Sovereign Bancorp Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ second 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 “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Genstar Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Genstar Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Genstar Selling Stockholders shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Genstar Selling Stockholders to or upon the order of the ~~Company~~ Genstar Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Genstar Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Genstar Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Palomar Holdings, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 ~~A.M.~~a.m., New York City time, on the ~~fourth full~~ third (or, if the purchase price set forth in Section 2 is determined after 4:30 p.m., New York City time, the fourth) business day ~~following~~ after the date of this ~~Agreement~~ Agreement, or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the ~~respective aggregate~~ purchase ~~prices~~ price of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 ~~A.M.~~a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the ~~respective aggregate~~ purchase ~~prices~~ price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (3d Systems Corp)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the ~~offices~~ office of ~~Xxxxxx~~ Akin Gump Xxxxxxx Xxxxx & ~~Xxxxxxx~~ Xxxx LLP, 000 ~~Xxxxx Xxx.~~Xxxxxxx Xxxxxx, ~~Xxxxxxx~~Xxx Xxxx, ~~Xxxxx~~ Xxx Xxxx 00000 at 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 “"Initial Delivery ~~Date~~Time.” " Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives ~~and~~ of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time ~~and place~~ specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Delivery of the Firm Stock shall be made through the facilities of The Depository Trust Company ~~(“DTC”)~~ unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of the Option Stock as to which the option is being exercised, the names in which the shares of the Option Stock are to be registered, the denominations in which the shares of the Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of the Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery ~~Date~~ Time nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. ~~Each~~ The date and time the shares of the Option Stock are delivered is are sometimes referred to as an “"Option Stock Delivery ~~Date”,~~ Time," and the Initial Delivery ~~Date~~ Time and any Option Stock Delivery ~~Date~~ Time are sometimes each referred to as a "Delivery ~~Date~~Time.” " Delivery of ~~the Option Stock by the Company~~ and payment for the Option Stock ~~by the several Underwriters through the Representatives~~ shall be made at the place specified in the first sentence of the first paragraph of this Section 5 (or at such other place as shall be determined by agreement between 9 the Representatives and the Company) at 10:00 A.M., New York City time, ~~on the date specified in the corresponding notice described in the preceding paragraph or~~ at such ~~other date or place as shall be determined by agreement between the Representatives and the Company~~Option Stock Delivery Time. On Delivery of the Option Stock ~~Delivery Date, the Company~~ shall ~~deliver or cause to~~ be ~~delivered the Option Stock~~ made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives ~~and~~ of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time ~~and place~~ specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Delivery of the Option Stock shall be made through the facilities of ~~DTC~~ The Depository Trust Company unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Tronox Inc

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on , 2019 at the ~~fourth full business day following the date~~ offices of ~~this Agreement or at such other date or place as shall be determined by agreement between the Representatives and the Company~~Xxxxxx & Xxxxxxx LLP. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in Federal or other immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct. The Company hereby confirms their engagement of Barclays Capital Inc. as, and Barclays Capital Inc. hereby confirms its agreement with the Company to render services as, a “qualified independent underwriter” within the meaning of FINRA Rule 5121 (“Rule 5121”) with respect to the offering and sale of the Securities. Barclays Capital Inc., solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the “QIU.”

Appears in 1 contract

Samples: Underwriting Agreement (Bellring Brands, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on ~~the fourth full business day following the date of this Agreement~~ [·], 2021, or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On ~~the~~ each Option Stock Delivery Date, the Company shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the ~~Representatives~~ Representative for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (In8bio, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at 10:00~~ [10:00] A.M., New York City time, on the ~~fourth~~ second (third, if the pricing occurs after 4:30 P.M. (New York City time) on any given day) 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 “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and the Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at ~~10:00~~ [10:00] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, the Company and the Selling Stockholders shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Letter Agreement (Skyward Specialty Insurance Group, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the third business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the ~~respective~~ aggregate purchase ~~prices~~ price of the Option Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Colonial Bancgroup Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made ~~at the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ on or about 10:00 ~~A.M.,~~ a.m. New York City time, on ~~the fourth full business day following the date of this Agreement~~ November 20, 2013, or at such other date or place as shall be determined by agreement between the Representatives and the ~~Company~~Selling Stockholders. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or ~~from time to time~~ in part on one occasion by written notice being given to the ~~Company~~ Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. ~~Each~~ The date and time the shares of Option Stock are delivered is ~~sometimes~~ referred to as an the “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 ~~A.M.~~a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the ~~Company~~Selling Stockholders. On the Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Lumos Networks Corp.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On ~~the~~ each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Platform Specialty Products Corp)

Appears in 1 contract

Samples: Underwriting Agreement (Petrohawk Energy Corp)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 ~~A.M.~~a.m., New York City time, on ~~the fourth full business day following the date of this Agreement~~ [·], 2014 or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Selling Stockholders by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 ~~A.M.~~a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the ~~Company~~Selling Stockholders. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Vantage Energy Inc.)

Appears in 1 contract

Samples: Underwriting Agreement (Stone Energy Corp)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the ~~offices~~ office of ~~Xxxxxx~~ Xxxxxxx Xxxxxxx & ~~Xxxxxxx~~ Xxxxxxxx LLP, 000 ~~Xxxxx Xxx.~~Xxxxxxxxx Xxxxxx, ~~Xxxxxxx~~Xxx Xxxx, ~~Xxxxx~~ Xxx Xxxx 00000 at 10:00 A.M., New York City time, on the ~~fourth~~ third 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 “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the ~~respective aggregate~~ purchase ~~prices~~ price of the Firm Stock being sold by the ~~Company~~ Selling Shareholder as follows: (i) to ~~or upon~~ the ~~order~~ extent that any of the Firm Stock is comprised of shares which are currently held in escrow (the “Escrow Shares”) by U.S. Bank, National Association, as escrow agent pursuant to the Escrow Agreement, dated as of April 27, 2006, by and among AAT Holdings, LLC II, AAT Communications Corp., AAT Acquisition LLC, the Company of and U.S. Bank, National Association, then an amount equal to $23.24 per Escrow Share included in the ~~purchase price~~ Firm Stock shall be paid to U.S. Bank, National Association by wire transfer in immediately available funds to the ~~accounts~~ account specified by U.S. Bank, National Association and (ii) the remainder of the net proceeds shall be paid to or upon the order of the Selling Shareholder by wire transfer in immediately available funds to the account specified by the ~~Company~~Selling Shareholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Shareholder shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Selling Shareholder by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the ~~Company~~ Selling Shareholder and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the ~~Company~~Selling Shareholder. On the Option Stock Delivery Date, the ~~Company~~ Selling Shareholder shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters ~~through the Representatives~~ and of the ~~respective aggregate~~ purchase ~~prices~~ price of the Option Stock being sold by the ~~Company~~ Selling Shareholder to or upon the order of the ~~Company~~ Selling Shareholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Shareholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Shareholder shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Sba Communications Corp)

Delivery of and Payment for the Stock. Delivery of and payment for the ~~Firm Stock~~ Shares shall be made ~~at the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000~~ at 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~~Company or as provided in Section 9 hereof. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm ~~Stock~~ Shares shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm ~~Stock~~ Shares being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. ~~Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder.~~ The Company shall deliver the Firm ~~Stock~~ Shares through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of ~~shares of~~ Option ~~Stock~~ Shares as to which the ~~option is~~ options are being exercised, the names in which the ~~shares of~~ Option ~~Stock~~ Shares are to be registered, the denominations in which the ~~shares of~~ Option ~~Stock~~ Shares are to be issued and the date and time, as determined by the Representatives, when the ~~shares of~~ Option ~~Stock~~ Shares are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been ~~exercised~~exercised or as provided in Section 9 hereof. Each date and time the ~~shares of~~ Option ~~Stock~~ Shares are delivered is sometimes referred to as an “Option ~~Stock~~ Shares Delivery Date”, ,” and the Initial Delivery Date and any Option ~~Stock~~ Shares Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option ~~Stock~~ Shares by the Company and payment for the Option ~~Stock~~ Shares by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On the Option ~~Stock~~ Shares Delivery Date, the Company shall deliver or cause to be delivered the Option ~~Stock~~ Shares to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option ~~Stock~~ Shares being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. ~~Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder.~~ The Company shall deliver the Option ~~Stock~~ Shares through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Macquarie Infrastructure Co LLC)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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 “"Initial Delivery Date.” " Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “"Option Stock Delivery Date”, ," and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "Delivery Date.” " Delivery of the Option Stock by the Company and the Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On the Option Stock Delivery Date, the Company and the Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives ~~and~~ of the respective aggregate purchase prices of the Option Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company of and the ~~purchase price~~ Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Letter Agreement (Techwell Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of The Depository Trust Company (the “DTC”) unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On ~~the~~ each Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (G Iii Apparel Group LTD /De/)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representative and the ~~Company~~Selling Stockholder. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the ~~Company~~ Selling Stockholder to or upon the order of the ~~Company~~ Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholder shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. In addition, subject to the sale of the Firm Stock by the Selling Stockholder to the Underwriters in compliance with the terms of this Agreement, payment of the aggregate purchase price of the Repurchase Shares shall be made by the Company to the Underwriters in immediately available funds to an account specified by the Representative, against delivery of such Repurchase Shares for the account of the Company at the Initial Delivery Date. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Selling Stockholder by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholder and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the ~~Company~~Selling Stockholder. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholder shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the ~~Representatives~~ Representative for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the ~~Representatives~~ Representative and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholder to or upon the order of the ~~Company~~ Selling Stockholder of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholder. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholder shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Sun Country Airlines Holdings, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the ~~respective~~ aggregate purchase ~~prices~~ price of the Firm Stock being sold by the Company to or upon the order of the Company ~~of the purchase price~~ by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The~~ the Depository Trust Company (“DTC”) unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or ~~from time to time~~ in part on not more than one occasion by written notice being given to the Company by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the [third] business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. ~~Each~~ The date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the several Underwriters through the ~~Representatives~~ Representative shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Representative and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives~~ Representative and of the ~~respective~~ aggregate purchase ~~prices~~ price of the Option Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Kohlberg Capital, LLC)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 ~~A.M.~~a.m., New York City time, on ~~the fourth full business day following the date of this Agreement~~ October 16, 2013 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 “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives ~~and~~ of the respective aggregate purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Selling Stockholder and the Company, as applicable, by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time when the shares of Option Stock are to be delivered shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Selling Stockholder and the Company and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 ~~A.M.~~a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Selling Stockholder and/or the Company, as applicable. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholder and/or the Company, as applicable, shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholder and/or the Company, as applicable, to or upon the order of the ~~Company~~ Selling Stockholder and/or the Company, as applicable, of the purchase price by wire transfer in immediately available funds to the accounts specified by the Selling Stockholder and/or the Company, as applicable. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Selling Stockholder and the Company shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (ANTERO RESOURCES Corp)

Appears in 1 contract

Samples: Underwriting Agreement (Evercore Partners Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third 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~~ Underwriter and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives for the account of each~~ Underwriter against payment by the ~~several Underwriters through the Representatives and~~ Underwriter of the ~~respective~~ aggregate ~~purchase prices of the Firm Stock being sold by the Company to or upon the order of the Company of the~~ purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each~~ the Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Underwriter shall otherwise instruct. The option granted in Section 3 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the ~~Representatives~~Underwriter; provided that if such date falls on a day that is not a business day, the option granted in Section 3 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Underwriter, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the Company and payment for the Option Stock by the ~~several Underwriters through the Representatives~~ Underwriter shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the ~~Representatives~~ Underwriter and the Company. On the Option Stock Delivery Date, the Company shall deliver or cause to be delivered the Option Stock to the ~~Representatives for the account of each~~ Underwriter against payment by the ~~several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company to or upon the order of the Company~~ Underwriter of the purchase price by wire transfer in immediately available funds to the ~~accounts~~ account specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of ~~each~~ the Underwriter hereunder. The Company shall deliver the Option Stock through the facilities of DTC unless the ~~Representatives~~ Underwriter shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Fleetwood Enterprises Inc/De/)

Appears in 1 contract

Samples: Underwriting Agreement (Trans1 Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 ~~A.M.~~a.m., New York City time, on the ~~fourth~~ second 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 “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Firm Stock through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 ~~A.M.~~a.m., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On ~~the~~ each Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option ~~Stock~~ Stock, to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Selling Stockholders to or upon the order of the ~~Company~~ Selling Stockholders of the purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Allegro Microsystems, Inc.)

Appears in 1 contract

Samples: Underwriting Agreement (Dupont Fabros Technology, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the offices of ~~Xxxxxx & Xxxxxxx~~ Xxxxx Xxxxxxxxxx LLP, ~~000 Xxxxx Xxx.~~0000 Xxxxxx xx xxx Xxxxxxxx, ~~Xxxxxxx~~Xxx Xxxx, ~~Xxxxx~~ XX 00000 at 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~~ Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the respective aggregate purchase prices of the Firm Stock being sold by the ~~Company~~ Firm Selling Stockholders to or upon the order of the ~~Company of the purchase price~~ Firm Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Firm Selling Stockholders. Time shall be of the essence, and delivery at the time ~~and place~~ specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. ~~The Company shall deliver~~ Delivery of the Firm Stock shall be made through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the ~~Representatives~~ Representative shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Option Selling Stockholders by the ~~Representatives~~Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the ~~Representatives~~Representative, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, ,” and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” Delivery of ~~the Option Stock by the Company~~ and payment for the Option Stock ~~by the several Underwriters through the Representatives~~ shall be made at the place specified in the first sentence of the first paragraph of this Section 5 (or at such other place as shall be determined by agreement between the Representative and the Company) at 10:00 A.M., New York City time, on ~~the date specified in the corresponding notice described in the preceding paragraph or at~~ such ~~other date or place as shall be determined by agreement between the Representatives and the Company. On the~~ Option Stock Delivery Date~~, the Company shall deliver or cause to be delivered~~ . Delivery of the Option Stock shall be made to the ~~Representatives~~ Representative for the account of each Underwriter against payment by the several Underwriters through the ~~Representatives and~~ Representative of the respective aggregate purchase prices of the Option Stock being sold by the ~~Company~~ Option Selling Stockholders to or upon the order of the ~~Company of the purchase price~~ Option Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Option Selling Stockholders. Time shall be of the essence, and delivery at the time ~~and place~~ specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. ~~The Company~~ Delivery of the Firm Stock shall ~~deliver the Option Stock~~ be made through the facilities of DTC unless the ~~Representatives~~ Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Phillips Van Heusen Corp /De/)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at 10:00~~ [—] A.M., New York City time, on the ~~fourth~~ third 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 “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the respective accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The ~~option~~ options granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company and the Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the ~~option~~ options granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the ~~option is~~ options are being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the options shall have been exercised nor later than the fifth business day after the date on which the ~~option~~ options shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the Company and the Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at ~~10:00~~ [ ] A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the Company. On the Option Stock Delivery Date, the Company and the Selling Stockholders shall deliver or cause to be delivered the Option Stock to the Representatives for the account of each Underwriter against payment by the several Underwriters through the Representatives and of the respective aggregate purchase prices of the Option Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available funds to the respective accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company and the Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (M/a-Com Technology Solutions Holdings, Inc.)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at ~~the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxxxxxx, Xxxxx 00000 at~~ 10:00 A.M., New York City time, on the ~~fourth~~ third full business day following the date of this Agreement or at such other date or place as shall be determined by agreement ~~between~~ among the ~~Representatives~~ Representatives, the Company and the ~~Company~~Selling Stockholders. This date and time are sometimes referred to as the “Initial Delivery Date.” ”. Delivery of the Firm Stock shall be made to the Representatives for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives ~~and~~ of the respective aggregate purchase ~~prices~~ price of the Firm Stock being sold by the Company and the Selling Stockholders to or upon the order of the Company and the Selling Stockholders, as applicable, to the Company and the Selling Stockholders of their respective portion of the aggregate purchase price by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Company and the Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Stock through the facilities of ~~The Depository Trust Company (“DTC”)~~ DTC unless the Representatives shall otherwise instruct. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the ~~Company~~ Selling Stockholders by the Representatives; provided that if such date falls on a day that is not a business day, the option granted in Section 3 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised, the names in which the shares of Option Stock are to be registered, the denominations in which the shares of Option Stock are to be issued and the date and time, as determined by the Representatives, when the shares of Option Stock are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the shares of Option Stock are delivered is sometimes referred to as an “Option Stock Delivery Date”, and the Initial Delivery Date and any Option Stock Delivery Date are sometimes each referred to as a "“Delivery Date.” ”. Delivery of the Option Stock by the ~~Company~~ Selling Stockholders and payment for the Option Stock by the several Underwriters through the Representatives shall be made at 10:00 A.M., New York City time, on the date specified in the corresponding notice described in the preceding paragraph or at such other date or place as shall be determined by agreement between the Representatives and the ~~Company~~Selling Stockholders. On the Option Stock Delivery Date, the ~~Company~~ Selling Stockholders shall ~~deliver~~ deliver, or cause to be ~~delivered~~ delivered, the Option Stock to the ~~Representatives~~ Representatives, for the account of each ~~Underwriter~~ Underwriter, against payment by the several Underwriters through the Representatives ~~and~~ of the respective aggregate purchase ~~prices of the Option Stock being sold by the Company~~ price thereof to or upon the order of the ~~Company of the purchase price~~ Selling Stockholders by wire transfer in immediately available funds to the accounts specified by the ~~Company~~Selling Stockholders. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The ~~Company~~ Selling Stockholders shall deliver the Option Stock through the facilities of DTC unless the Representatives shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Resolute Energy Corp)

Common use of Delivery of and Payment for the Stock Clause in Contracts