Common use of Delivery of the Offered Securities Clause in Contracts

Delivery of the Offered Securities. On the First Closing Date and, as the case may be, on the Option Closing Date, immediately after issuing the certificat du dépositaire, the Registrar shall: (i) send to Euroclear France, in the name and on behalf of the Company, a lettre comptable for the creation of the Underlying ADS Shares corresponding to the Initial ADSs (and, as the case may be, the Option ADSs) and for credit thereof no later than on the First Closing Date (and, as the case may be, the Option Closing Date) in a securities account opened in the name and on behalf of the Company in the books of the Registrar; and (ii) transfer the Underlying ADS Shares corresponding to the Initial ADSs (and, as the case may be, the Option ADSs) to Société Générale, as custodian under the Deposit Agreement, for the account of the Depositary against issuance of ADRs evidencing Offered ADSs in accordance with the Deposit Agreement. Delivery of the Offered ADSs and/or the ADRs evidencing Offered ADSs shall be made through the facilities of the Depository Trust Company (“DTC”) unless the Underwriter shall otherwise instruct. Prior to the First Closing Date, the Company shall have taken all actions and made all necessary filings with Euronext and Euroclear France, and with the Depositary and DTC, to facilitate the transfer of the Underlying ADS Shares through Euroclear France and the Offered ADSs through DTC. The ADRs evidencing the Offered ADSs shall be registered in such names and denominations as the Underwriter shall have requested at least one full business day prior to the First Closing Date (or the Option Closing Date, as the case may be). Time shall be of the essence, and that delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriter.

Appears in 1 contract

Samples: Underwriting Agreement (Biophytis SA)

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Delivery of the Offered Securities. On the First Closing Date and, as the case may be, on the Option Closing Date, immediately after issuing the certificat du dépositaire, the Registrar shall: (i) send to Euroclear France, in the name and on behalf of the Company, a lettre comptable for the creation of the Firm Shares and of the Underlying ADS Shares corresponding to the Initial Firm ADSs (and, as the case may be, the Option ADSs) and for credit thereof no later than on the First Closing Date (and, as the case may be, the Option Closing Date) in a securities account opened in the name and on behalf of the Company in the books of the Registrar; and (ii) transfer and credit the Firm Shares to a securities account opened in the books of the European Representative for purposes of settlement and delivery of the Offered Securities; and (iii) transfer the Underlying ADS Shares corresponding to the Initial Firm ADSs (and, as the case may be, the Option ADSs) to Société GénéraleCitibank, N.A., as custodian under the Deposit Agreement, for the account of the Depositary against issuance of ADRs evidencing Offered ADSs in accordance with the Deposit Agreement. Delivery of the Offered ADSs and/or the ADRs evidencing Offered ADSs shall be made through the facilities of the Depository Trust Company (“DTC”) unless the Underwriter applicable Representatives shall otherwise instruct. Prior to the First Closing Date, the Company shall have taken all actions and made all necessary filings with Euronext and Euroclear France, and with the Depositary and DTC, to facilitate the transfer of the Underlying ADS Firm Shares through Euroclear France and the Offered ADSs through DTC. The ADRs evidencing the Offered ADSs shall be registered in such names and denominations as the Underwriter applicable Representatives shall have requested at least one full business day prior to the First Closing Date (or the Option Closing Date, as the case may be). Time shall be of the essence, and that delivery at the time and place specified in this Agreement is a further condition to the obligations of the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Nanobiotix S.A.)

Delivery of the Offered Securities. On the First Closing Date and, as the case may be, on the Option Closing Date, immediately after issuing the certificat du dépositaire, the Registrar shall: (i) send to Euroclear France, in the name and on behalf of the Company, a lettre comptable for the creation of the Firm Shares (and, as the case may be, the Option Shares) and of the Underlying ADS Shares corresponding to the Initial Firm ADSs (and, as the case may be, the Option ADSs) and for credit thereof no later than on the First Closing Date (and, as the case may be, the Option Closing Date) in a securities account opened in the name and on behalf of the Company in the books of the Registrar; and (ii) transfer and credit the Firm Shares (and, as the case may be, the Option Shares) to a securities account opened in the books of one of the European Representatives for purposes of settlement and delivery of the Offered Securities; and (iii) transfer the Underlying ADS Shares corresponding to the Initial Firm ADSs (and, as the case may be, the Option ADSs) to Société GénéraleCitibank, N.A., as custodian under the Deposit Agreement, for the account of the Depositary against issuance of ADRs evidencing Offered ADSs in accordance with the Deposit Agreement. Delivery of the Offered ADSs and/or the ADRs evidencing Offered ADSs shall be made through the facilities of the Depository Trust Company (“DTC”) unless the Underwriter applicable Representatives shall otherwise instruct. Prior to the First Closing Date, the Company shall have taken all actions and made all necessary filings with Euronext and Euroclear France, and with the Depositary and DTC, to facilitate the transfer of the Underlying ADS Offered Shares through Euroclear France and the Offered ADSs through DTC. The ADRs evidencing the Offered ADSs shall be registered in such names and denominations as the Underwriter applicable Representatives shall have requested at least one full business day prior to the First Closing Date (or the Option Closing Date, as the case may be). Time shall be of the essence, and that delivery at the time and place specified in this Agreement is a further condition to the obligations of the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Nanobiotix S.A.)

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Delivery of the Offered Securities. On the First Closing Date and, as the case may be, on the Option Closing Date, immediately after issuing the certificat du dépositaire, the Registrar shall: (i) send to Euroclear France, in the name and on behalf of the Company, a lettre comptable for the creation of the Initial Shares (and, as the case may be, the Option Shares) and of the Underlying ADS Shares corresponding to the Initial ADSs (and, as the case may be, the Option ADSs) and for credit thereof no later than on the First Closing Date (and, as the case may be, the Option Closing Date) in a securities account opened in the name and on behalf of the Company in the books of the Registrar; and (ii) transfer and credit the Initial Shares (and, as the case may be, the Option Shares) to a securities account as directed by the Representatives; and (iii) transfer the Underlying ADS Shares corresponding to the Initial ADSs (and, as the case may be, the Option ADSs) to Société GénéraleBNP Paribas Securities Services, as custodian under the Deposit Agreement, for the account of the Depositary against issuance of ADRs evidencing Offered ADSs in accordance with the Deposit Agreement. Delivery of the Offered ADSs and/or the ADRs evidencing Offered ADSs shall be made through the facilities of the Depository Trust Company (“DTC”) unless the Underwriter applicable Representatives shall otherwise instruct. Prior to the First Closing Date, the Company shall have taken all actions and made all necessary filings with Euronext and Euroclear France, and with the Depositary and DTC, to facilitate the transfer of the Underlying ADS Offered Shares through Euroclear France and the Offered ADSs through DTC. The ADRs evidencing the Offered ADSs shall be registered in such names and denominations as the Underwriter applicable Representatives shall have requested at least one full business day prior to the First Closing Date (or the Option Closing Date, as the case may be). Time shall be of the essence, and that delivery at the time and place specified in this Agreement is a further condition to the obligations of the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Genfit S.A.)

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