Common use of Delivery of Electronic Shares Clause in Contracts

Delivery of Electronic Shares. In lieu of delivering physical certificates representing the Exercise Shares or shares of Common Stock submitted for legend removal, provided the Transfer Agent is participating in the DTC Fast Automated Securities Transfer (“FAST”) program, upon written request of the Holder, the Company shall use commercially reasonable efforts to cause its Transfer Agent to electronically transmit such securities by crediting the account of the Holder’s prime broker with DTC through its Deposit Withdrawal Agent Commission (DWAC) system. The time periods for delivery and penalties described herein shall apply to the electronic transmittals described herein. Any delivery not effected by electronic transmission shall be effected by delivery of physical certificates.

Appears in 9 contracts

Samples: Power Solutions International, Inc., Weichai America Corp., Weichai America Corp.

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Delivery of Electronic Shares. In lieu of delivering physical certificates representing the Exercise Shares or shares of Common Stock submitted for issuable upon Exercise or legend removal, provided the Transfer Agent is participating in the DTC Fast Automated Securities Transfer (“FAST”) program, upon written request of the Holder, the Company shall use commercially reasonable its best efforts to cause its Transfer Agent to electronically transmit such securities the Common Stock issuable upon Exercise to the Holder by crediting the account of the Holder’s prime broker with DTC through its Deposit Withdrawal Agent Commission (DWAC) system. The time periods for delivery and penalties described herein shall apply to the electronic transmittals described herein. Any delivery not effected by electronic transmission shall be effected by delivery of physical certificates.

Appears in 4 contracts

Samples: Certain Registration Rights Agreement (Tengion Inc), Certain Registration Rights Agreement (Tengion Inc), Securities Purchase Agreement (Tengion Inc)

Delivery of Electronic Shares. In lieu of delivering physical certificates representing the Exercise Shares or shares of Common Stock submitted for issuable upon Exercise or legend removal, provided the Transfer Agent is participating in the DTC Fast Automated Securities Transfer (“FAST”) programor representing Failure Payment Shares, upon written request of the Holder, the Company shall use commercially reasonable its best efforts to cause its the Transfer Agent to electronically transmit such securities the Common Stock issuable upon Exercise to Holder by crediting the account of the Holder’s prime broker with DTC through its Deposit Deposit/Withdrawal Agent Commission at Custodian (DWAC) system. The time periods for delivery and penalties described herein shall apply to the electronic transmittals described herein. Any delivery not effected by electronic transmission shall be effected by delivery of physical certificates.

Appears in 3 contracts

Samples: Registration Rights Agreement (Endologix Inc /De/), Facility Agreement (Endologix Inc /De/), Endologix Inc /De/

Delivery of Electronic Shares. In lieu of delivering physical certificates representing the Exercise Shares or shares of Common Stock submitted for issuable upon Exercise or legend removal, provided the Transfer Agent is participating in the DTC Fast Automated Securities Transfer (“FAST”) programor representing Failure Payment Shares, upon written request of the Holder, the Company shall use commercially its reasonable best efforts to cause its Transfer Agent to electronically transmit such securities the Common Stock issuable upon Exercise to Holder by crediting the account of the Holder’s prime broker with DTC through its Deposit Deposit/Withdrawal Agent Commission at Custodian (DWAC) system. The time periods for delivery and penalties described herein shall apply to the electronic transmittals described herein. Any delivery not effected by electronic transmission shall be effected by delivery of physical certificates.

Appears in 3 contracts

Samples: Melinta Therapeutics, Inc. /New/, Melinta Therapeutics, Inc. /New/, Melinta Therapeutics, Inc. /New/

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Delivery of Electronic Shares. In lieu of delivering physical certificates representing the Exercise Shares or shares of Common Stock submitted for issuable upon Exercise or legend removal, or representing Failure Payment Shares, provided the Transfer Agent is participating in the DTC Fast Automated Securities Transfer (“FAST”) program, upon written request of the Holder, the Company shall use commercially reasonable its best efforts to cause its Transfer Agent to electronically transmit such securities by crediting make available electronically, the account of the Holder’s prime broker with Common Stock on DTC through its DTC’s Deposit Withdrawal Agent Commission (DWAC) systemsystem for the prime broker. The time periods for delivery and penalties described herein shall apply to the electronic transmittals described herein. Any delivery not effected by electronic transmission shall be effected by delivery of physical certificates.

Appears in 2 contracts

Samples: Certain Registration Rights Agreement (Discovery Laboratories Inc /De/), Certain Registration Rights Agreement (Discovery Laboratories Inc /De/)

Delivery of Electronic Shares. In lieu of delivering physical certificates representing If the Exercise Shares or Holder provides its Transfer Agent with information required in order to issue shares of Common Stock submitted for legend removal, provided to the Holder electronically and if the Transfer Agent is participating in the DTC Depository Trust Company (“DTC”) Fast Automated Securities Transfer (“FAST”) program, upon written request of the Holder, the Company shall use commercially reasonable best efforts to cause its the Transfer Agent to electronically transmit such securities the Common Stock issuable upon Exercise to the Holder by crediting the account of the Holder’s prime broker with DTC through its Deposit Withdrawal Agent Commission (DWAC) system. The time periods for delivery and penalties described herein shall apply to the electronic transmittals described herein. Any delivery not effected by electronic transmission shall be effected by delivery of physical certificates.

Appears in 1 contract

Samples: Dynavax Technologies Corp

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