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

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the office of Mxxxxx Sxxxxxx & Co. Incorporated, 1000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 A.M., New York City time, on the 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 Underwriter and the Company. This date and time are sometimes referred to as the "First Delivery Date." On the First Delivery Date, the Company shall deliver or cause to be delivered certificates representing the Firm Stock to the Underwriter for the account of the Underwriter against payment to or upon the order of the Company of the purchase price by wire transfer in immediately available 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 the Underwriter hereunder. Upon delivery, the Firm Stock shall be registered in such names and in such denominations as the Underwriter shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of expediting the checking and packaging of the certificates for the Firm Stock, the Company shall make the certificates representing the Firm Stock available for inspection by the Underwriter 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. At any time on or before the thirtieth day after the date of this Agreement (or, if such thirtieth day shall be a Saturday, Sunday or holiday, on the next business day) the option granted in Section 2 may be exercised by written notice being given to the Company by the Underwriter. 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 Underwriter, when the shares of Option Stock are to be delivered; PROVIDED, HOWEVER, that this date and time shall not be earlier than the 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. The date and time the shares of Option Stock are delivered are sometimes referred to as the "Second Delivery Date" and the First Delivery Date and the Second Delivery Date are sometimes each referred to as a "Delivery Date." Delivery of and payment for the Option Stock 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 Underwriter and the Company) at 10:00 A.M., New York City time, on the Second Delivery Date. On the Second Delivery Date, the Company shall deliver or cause to be delivered the certificates representing the Option Stock to the Underwriter against payment to or upon the order of the Company of the purchase price by wire transfer in immediately available 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 obliga- tion of the Underwriter hereunder. Upon delivery, the Option Stock shall be registered in such names and in such denominations as the Underwriter shall request in the aforesaid written notice. For the purpose of expedit- ing the checking and packaging of the certificates for the Option Stock, the Company shall make the certificates representing the Option Stock available for inspection by the Underwriter 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: Underwriting Agreement (Amli Residential Properties Trust)

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Delivery of and Payment for the Stock. Delivery of and payment for the International Firm Stock shall be made at the office of Mxxxxx Sxxxxxx Xxxxxx & Co. IncorporatedXxxxxxx, 1000 Xxxxxxxx, 000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000, 00000 at 10:00 A.M., New York City time, on the 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 Underwriter Lead Managers and the Company. This date and time are sometimes referred to as the "First Delivery Date." On the First Delivery Date, the Company and the Selling Stockholders shall deliver or cause to be delivered certificates representing the International Firm Stock to the Underwriter Lead Managers for the account of the Underwriter each International Manager against payment to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available 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 the Underwriter each International Manager hereunder. Upon delivery, the International Firm Stock shall be registered in such names and in such denominations as the Underwriter Lead Managers shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of expediting the checking and packaging of the certificates for the International Firm Stock, the Company and the Selling Stockholders shall make the certificates representing the International Firm Stock available for inspection by the Underwriter 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 First Delivery Date. At any time on or before the thirtieth day The option granted in Section 3 will expire 30 days after the date of this Agreement (or, if such thirtieth day shall be a Saturday, Sunday or holiday, on the next business day) the option granted in Section 2 and may be exercised in whole or in part from time to time by written notice being given to the Company by the UnderwriterLead Managers. Such notice shall set forth the aggregate number of shares of International Option Stock as to which the option is being exercised, the names in which the shares of International Option Stock are to be registered, the denominations in which the shares of International Option Stock are to be issued and the date and time, as determined by the UnderwriterLead Managers, when the shares of International Option Stock are to be delivered; PROVIDEDprovided, HOWEVERhowever, that this date and time shall not be earlier than the 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. The date and time the shares of International Option Stock are delivered are sometimes referred to as the a "Second Delivery Date" and the First Delivery Date and the any Second Delivery Date are sometimes each referred to as a "Delivery Date." Delivery of and payment for the International Option Stock shall be made at the place specified in the first sentence of the first paragraph of this Section 4 5 (or at such other place as shall be determined by agreement between the Underwriter Lead Managers and the Company) at 10:00 A.M., New York City time, on the such Second Delivery Date. On the such Second Delivery Date, the Company shall deliver or cause to be delivered the certificates representing the International Option Stock to the Underwriter Lead Managers for the account of each International Manager against payment to or upon the order of the Company of the purchase price by wire transfer in immediately available 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 obliga- tion obligation of the Underwriter each International Manager hereunder. Upon delivery, the International Option Stock shall be registered in such names and in such denominations as the Underwriter Lead Managers shall request in the aforesaid written notice. For the purpose of expedit- ing expediting the checking and packaging of the certificates for the International Option Stock, the Company shall make the certificates representing the International Option Stock available for inspection by the Underwriter 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 such Second Delivery Date.

Appears in 1 contract

Samples: L 3 Communications Holdings Inc

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the office of Mxxxxx Sxxxxxx Xxxxxx, Xxxxx & Co. IncorporatedXxxxxxx LLP, 1000 Xxxxxxxx000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000, at 10:00 A.M., New York City time, on the 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 Underwriter Underwriters and the Company. This date and time are sometimes referred to as the "First Delivery Date." On the First Delivery Date, the Company and the Selling Shareholders shall deliver or cause to be delivered certificates representing the Firm Stock to the Underwriter Underwriters for the account of the each Underwriter against payment to or upon the order of the Company and the Selling Shareholders of the purchase price by wire transfer certified or official bank check or checks payable in immediately available 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 the each Underwriter hereunder. Upon delivery, the Firm Stock shall be registered in such names and in such denominations as the Underwriter Underwriters shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of expediting the checking and packaging of the certificates for the Firm Stock, the Company and the Selling Shareholders shall make the certificates representing the Firm Stock available for inspection by the Underwriter Underwriters 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. At any time on or before the thirtieth day after the date of this Agreement (or, if such thirtieth day shall be a Saturday, Sunday or holiday, on the next business day) the option granted in Section 2 3 may be exercised by written notice being given to the Company by the UnderwriterUnderwriters. 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 UnderwriterUnderwriters, when the shares of Option Stock are to be delivered; PROVIDEDprovided, HOWEVERhowever, that this date and time shall not be earlier than the 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. (The date and time the shares of Option Stock are delivered are sometimes referred to as the "Second Delivery Date" and the First Delivery Date and the Second Delivery Date are sometimes each referred to as a "Delivery Date"." ) Delivery of and payment for the Option Stock shall be made at the place specified in the first sentence of the first paragraph of this Section 4 5 (or at such other place as shall be determined by agreement between the Underwriter Underwriters and the Company) at 10:00 A.M., New York City time, on the Second Delivery Date. On the Second Delivery Date, the Company shall deliver or cause to be delivered the certificates representing the Option Stock to the Underwriters for the account of each Underwriter against payment to or upon the order of the Company of the purchase price by wire transfer certified or official bank check or checks payable in immediately available 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 obliga- tion obligation of the each Underwriter hereunder. Upon delivery, the Option Stock shall be registered in such names and in such denominations as the Underwriter Underwriters shall request in the aforesaid written notice. For the purpose of expedit- ing expediting the checking and packaging of the certificates for the Option Stock, the Company shall make the certificates representing the Option Stock available for inspection by the Underwriter Underwriters 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: Underwriting Agreement (JPM Co)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the office of Mxxxxx Sxxxxxx Xxxxxxxxxx & Co. IncorporatedXxxxx LLP, 1000 Xxxxxxxx00 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx XX 00000, at 10:00 A.M., New York City time, on the 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 Underwriter Representatives and the Company. This date and time are sometimes referred to as the "First Delivery Date." . On the First Delivery Date, the Company shall deliver or cause to be delivered certificates representing the Firm Stock to the Underwriter Representatives for the account of the each U.S. Underwriter against payment to or upon the order of the Company of the purchase price by wire transfer certified or official bank check or checks payable in immediately available 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 the each U.S. Underwriter hereunder. Upon delivery, the Firm Stock shall be registered in such names and in such denominations as the Underwriter Representatives shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of expediting the checking and packaging of the certificates for the Firm Stock, the Company shall make the certificates representing the Firm Stock available for inspection by the Underwriter Representatives 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. At any time on or before the thirtieth day after the date of this Agreement (or, if such thirtieth day shall be a Saturday, Sunday or holiday, on the next business day) the option granted in Section 2 may be exercised by in whole or in part, at any time and from time to time, upon written notice being given to the Company by the UnderwriterRepresentatives. 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 UnderwriterRepresentatives, when the shares of Option Stock are to be delivered; PROVIDEDprovided, HOWEVERhowever, that this date and time shall not be earlier than the 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. The date and time the shares of Option Stock are delivered are sometimes referred to as the "Second Delivery Date" and the First Delivery Date and the Second Delivery Date are sometimes each referred to as a "Delivery Date." ". Delivery of and payment for the Option Stock 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 Underwriter Representatives and the Company) at 10:00 A.M., New York City time, on the Second Delivery Date. On the Second Delivery Date, the Company shall deliver or cause to be delivered the certificates representing the Option Stock to the Representatives for the account of each U.S. Underwriter against payment to or upon the order of the Company of the purchase price by wire transfer certified or official bank check or checks payable in immediately available 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 obliga- tion obligation of the each U.S. Underwriter hereunder. Upon delivery, the Option Stock shall be registered in such names and in such denominations as the Underwriter Representatives shall request in the aforesaid written notice. For the purpose of expedit- ing expediting the checking and packaging of the certificates for the Option Stock, the Company shall make the certificates representing the Option Stock available for inspection by the Underwriter Representatives 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: Securicor Telesciences Inc

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the office offices of Mxxxxx Sxxxxxx & Co. IncorporatedXxxxxx Godward LLP, 1000 Xxxxxxxx, Xxx 0000 Xxxxxxxx Xxxx, Xxx Xxxx Xxxxx, Xxxxxxxxxx 00000, at 10:00 7:00 A.M., New York City Pacific time, on the 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 Underwriter Underwriters and the Company. This date and time are sometimes referred to as the "First Delivery Date." On the First Delivery Date, the Company and the Selling Stockholders shall deliver or cause to be delivered certificates representing the Firm Stock to the Underwriter Underwriters for the account of the each Underwriter against payment to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available 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 the each Underwriter hereunder. Upon delivery, the Firm Stock shall be registered in such names and in such denominations as the Underwriter Underwriters shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of expediting the checking and packaging of the certificates for the Firm Stock, the Company Selling Stockholders shall make the certificates representing the Firm Stock available for inspection by the Underwriter Underwriters in New YorkSan Diego, New YorkCalifornia, not later than 2:00 P.M.11:00 A.M., New York City Pacific time, on the business day prior to the First Delivery Date. At any time on or before the thirtieth day The option granted in Section 3 will expire 30 days after the date of this Agreement (or, if such thirtieth day shall be a Saturday, Sunday or holiday, on the next business day) the option granted in Section 2 and may be exercised in whole or in part from time to time by written notice being given to the Company and the Selling Stockholders by the UnderwriterUnderwriters. 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 UnderwriterUnderwriters, when the shares of Option Stock are to be delivered; PROVIDEDprovided, HOWEVERhowever, that this date and time shall not be earlier than the 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. The date and time the shares of Option Stock are delivered are sometimes referred to as the a "Second Delivery Date" and the First Delivery Date and the any Second Delivery Date are sometimes each referred to as a "Delivery Date." Delivery of security entitlements with respect to and payment for the Option Stock shall be made at the place specified in the first sentence of the first paragraph of this Section 4 5 (or at such other place as shall be determined by agreement between the Underwriter Underwriters and the Company) at 10:00 7:00 A.M., New York City Pacific time, on the such Second Delivery Date. On the such Second Delivery Date, the Company Company, the Selling Stockholders or the Custodian shall deliver or cause to be delivered the certificates representing the Option Stock to the Underwriters for the account of each Underwriter against payment to or upon the order of the Company Custodian of the purchase price by wire transfer in immediately available 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 obliga- tion obligation of the each Underwriter hereunder. Upon delivery, the Option Stock shall be registered in such names and in such denominations as the Underwriter Underwriters shall request in the aforesaid written notice. For the purpose of expedit- ing expediting the checking and packaging of the certificates for the Option Stock, the Company Custodian shall make the certificates representing the Option Stock available for inspection by the Underwriter Underwriters in New YorkSan Diego, New YorkCalifornia, not later than 2:00 P.M.11:00 A.M., New York City Pacific time, on the business day prior to the such Second Delivery Date.

Appears in 1 contract

Samples: Underwriting Agreement (Dot Hill Systems Corp)

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Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the office offices of Mxxxxx Sxxxxxx & Co. IncorporatedXxxxxxx XxXxxxxxx LLP, 1000 Xxxxxxxx000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 A.M., New York City time, on the 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 Underwriter Representatives and the Company. This date and time are sometimes referred to as the "First Delivery Date." On the First Delivery Date, the Company and the Selling Stockholders shall deliver or cause to be delivered certificates representing the Firm Stock to the Underwriter Representatives for the account of the each Underwriter against payment to or upon the order of the Company and the Selling Stockholders of the purchase price by wire transfer in immediately available 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 the each Underwriter hereunder. Upon delivery, the Firm Stock shall be registered in such names and in such denominations as the Underwriter Representatives shall request in writing not less than two full business days prior to the First 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 Underwriter Representatives 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. At any time on or before the thirtieth day The option granted in Section 3 will expire 30 days after the date of this Agreement (or, if such thirtieth day shall be a Saturday, Sunday or holiday, on the next business day) the option granted in Section 2 and may be exercised in whole or in part from time to time by written notice being given to the Company by the UnderwriterRepresentatives. 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 UnderwriterRepresentatives, when the shares of Option Stock are to be delivered; PROVIDEDprovided, HOWEVERhowever, that this date and time shall not be earlier than the 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. The date and time the shares of Option Stock are delivered are sometimes referred to as the "a “Second Delivery Date" and the First Delivery Date and the any Second Delivery Date are sometimes each referred to as a "Delivery Date." ”). Delivery of and payment for the Option Stock shall be made at the place specified in the first sentence of the first paragraph of this Section 4 6 (or at such other place as shall be determined by agreement between the Underwriter Representatives and the CompanyCustodian) at 10:00 A.M., New York City time, on the such Second Delivery Date. On the such Second Delivery Date, the Company Custodian shall deliver or cause to be delivered the certificates representing the Option Stock to the Representatives for the account of each Underwriter against payment to or upon the order of the Company Custodian of the purchase price by wire transfer in immediately available 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 obliga- tion obligation of the each Underwriter hereunder. Upon delivery, the Option Stock shall be registered in such names and in such denominations as the Underwriter Representatives shall request in the aforesaid written notice. For the purpose of expedit- ing expediting the checking and packaging of the certificates for the Option Stock, the Company Custodian shall make the certificates representing the Option Stock available for inspection by the Underwriter Representatives in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the such Second Delivery Date.

Appears in 1 contract

Samples: Underwriting Agreement (Tempur Pedic International Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the office of Mxxxxx Sxxxxxx Xxxxxx, Xxxx & Co. IncorporatedXxxxxxxx LLP, 1000 Xxxxxxxx000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 A.M., New York City time, on the 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 Underwriter Representatives and the Company. This date and time are sometimes referred to as the "First Delivery Date." On the First Delivery Date, the Company and the Selling Shareholders shall deliver or cause to be delivered certificates representing the Firm Stock to the Underwriter Representatives for the account of the each Underwriter against payment to or upon the order of the Company and the Selling Shareholders of the purchase price by wire transfer in immediately available 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 the each Underwriter hereunder. Upon delivery, the Firm Stock shall be registered in such names and in such denominations as the Underwriter Representatives shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of expediting the checking and packaging of the certificates for the Firm Stock, the Company and the Selling Shareholders shall make the certificates representing the Firm Stock available for inspection by the Underwriter Representatives 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. At any time on or before the thirtieth day The option granted in Section 3 will expire 30 days after the date of this Agreement (or, if such thirtieth day shall be a Saturday, Sunday or holiday, on the next business day) the option granted in Section 2 and may be exercised in whole or in part from time to time by written notice being given to the Company by the UnderwriterRepresentatives. 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 UnderwriterRepresentatives, when the shares of Option Stock are to be delivered; PROVIDEDprovided, HOWEVERhowever, that this date and time shall not be earlier than the 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. The date and time the shares of Option Stock are delivered are sometimes referred to as the a "Second Delivery Date" and the First Delivery Date and the any Second Delivery Date are sometimes each referred to as a "Delivery Date." ". Delivery of and payment for the Option Stock shall be made at the place specified in the first sentence of the first paragraph of this Section 4 5 (or at such other place as shall be determined by agreement between the Underwriter Representatives and the Company) at 10:00 A.M., New York City time, on the such Second Delivery Date. On the such Second Delivery Date, the Company shall deliver or cause to be delivered the certificates representing the Option Stock to the Representatives for the account of each Underwriter against payment to or upon the order of the Company of the purchase price by wire transfer in immediately available 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 obliga- tion obligation of the each Underwriter hereunder. Upon delivery, the Option Stock shall be registered in such names and in such denominations as the Underwriter Representatives shall request in the aforesaid written notice. For the purpose of expedit- ing expediting the checking and packaging of the certificates for the Option Stock, the Company shall make the certificates representing the Option Stock available for inspection by the Underwriter Representatives in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the such Second Delivery Date.

Appears in 1 contract

Samples: Underwriting Agreement (Ulticom Inc)

Delivery of and Payment for the Stock. Delivery of and payment for the Firm Stock shall be made at the office offices of Mxxxxx Sxxxxxx & Co. IncorporatedMintz, 1000 XxxxxxxxLevin, Xxx XxxxCohn, Xxx Xxxx 00000Ferris, Glovsky and Popeo, P.C., at 10:00 A.M., New York City One Xxxxxxxxx Xxxxxx, Xxxxxx, XX 00000, Xxston time, on the 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 Underwriter Representatives and the Company. This date and time (which may be postponed as provided in Section 9 are sometimes referred to as the "First Delivery DateFIRST DELIVERY DATE." On the First Delivery Date, the Company shall deliver or cause to be delivered certificates representing the Firm Stock to the Underwriter Representatives for the account of the each Underwriter against payment to or upon the order of the Company of the purchase price by wire transfer in immediately available 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 the each Underwriter hereunder. Upon delivery, the Firm Stock shall be registered in such names and in such denominations as the Underwriter Representatives shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of expediting the checking and packaging of the certificates for the Firm Stock, the Company shall make the certificates representing the Firm Stock available for inspection by the Underwriter Representatives 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. At any time on or before the thirtieth day The option granted in Section 2 will expire 30 days after the date of this Agreement (or, if such thirtieth day shall be a Saturday, Sunday or holiday, on the next business day) the option granted in Section 2 and may be exercised in whole or in part from time to time by written notice being given to the Company by the UnderwriterRepresentatives. 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 UnderwriterRepresentatives, when the shares of Option Stock are to be delivered; PROVIDEDprovided, HOWEVERhowever, that this date and time shall not be earlier than the 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. The date and time the shares of Option Stock are delivered are sometimes referred to as the a "Second Delivery DateSECOND DELIVERY DATE" and the First Delivery Date and the any Second Delivery Date are sometimes each referred to as a "Delivery DateDELIVERY DATE." Delivery of and payment for the Option Stock 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 Underwriter Representatives and the Company) at 10:00 A.M.9:00 A.M, New York City Boston time, on the such Second Delivery Date. On the such Second Delivery Date, the Company shall deliver or cause to be delivered the certificates representing the Option Stock to the Representatives for the account of each Underwriter against payment to or upon the order of the Company of the purchase price by wire transfer in immediately available 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 obliga- tion obligation of the each Underwriter hereunder. Upon delivery, the Option Stock shall be registered in such names and in such denominations as the Underwriter Representatives shall request in the aforesaid written notice. For the purpose of expedit- ing expediting the checking and packaging of the certificates for the Option Stock, the Company shall make the certificates representing the Option Stock available for inspection by the Underwriter Representatives in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the such Second Delivery Date. It is understood that Lehmxx Xxxthers Inc., individually and not on behalf of the Underwriters, may (but shall not be obligated to) make payment to the Company for shares of Stock to be purchased by any Underwriter whose check shall not have been received by Lehmxx Xxxthers Inc. on the applicable Delivery Date or any later date on which Option Stock is purchased for the account of such Underwriter. Any such payment by Lehmxx Xxxthers Inc. shall not relieve such Underwriter from any of its obligations hereunder.

Appears in 1 contract

Samples: Third Wave Technologies Inc /Wi

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