Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representatives for the accounts of the several Underwriters the Firm Shares at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered to the Representatives for the accounts of the several Underwriters, the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (SQZ Biotechnologies Co), Underwriting Agreement (SQZ Biotechnologies Co)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representatives so elect, delivery of the Offered Shares may be made by credit through full fast transfer to the accounts at The Depository Trust Company designated by the Representatives. The Company shall also deliver, or cause to be delivered to the Representatives for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (Heron Therapeutics, Inc. /De/)
Delivery of the Offered Shares. The Company Selling Shareholders shall deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters Underwriters, through the facilities of DTC and for the account of the several Underwriters, certificates for the Firm Shares to be sold by the Underwriters at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Shareholders shall also deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters, through the facilities of DTC and for the account of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase from the Selling Shareholders at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be registered in such names or names and in such denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) request and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Bravo Brio Restaurant Group, Inc.), Underwriting Agreement (Bravo Brio Restaurant Group, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of the Depository Trust Company (“DTC”) unless the Representatives otherwise instruct, to the Representatives for the accounts of the several Underwriters Underwriters, book-entry positions for the Firm Shares at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representatives otherwise instruct, to the Representatives for the accounts of the several Underwriters, book-entry positions for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company and the Selling Stockholders shall deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters Underwriters, certificates or general statements of book entry account representing the Firm Shares Shares, at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company and the Option Selling Stockholders shall also deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters, certificates or general statements of book entry account representing the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.)
Delivery of the Offered Shares. The Company and the Selling Shareholder shall deliver, or cause to be delivered to the Representatives for the accounts of the several Underwriters through the facilities of The Depositary Trust Company (“DTC”) certificates for the Firm Shares to be sold by them at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Shareholder shall also deliver, or cause to be delivered to the Representatives for the accounts of the several UnderwritersUnderwriters through the facilities of DTC, certificates for the Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representatives Underwriter for the accounts of the several Underwriters its own account certificates for the Firm Shares at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, to the Representatives Underwriter certificates for the accounts of the several Underwriters, the Optional Shares the Underwriters have Underwriter has agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA the Underwriter so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA Underwriter’s account through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA the Underwriter so elects, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representatives Underwriter shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives Underwriter may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the UnderwritersUnderwriter.
Appears in 1 contract
Samples: Underwriting Agreement (La Jolla Pharmaceutical Co)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct, to the Representatives Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representatives shall otherwise instruct, to the Representatives Representative for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be registered in such names and denominations as the Representatives Representative shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives Representative may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representatives Representative for the accounts of the several Underwriters Underwriters, certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer (as evidenced by receipt of a Fed Wire confirmation number) of immediately available funds for the amount of the purchase price therefor. The Company Selling Shareholders, severally and not jointly, shall also deliver, or cause to be delivered delivered, to the Representatives Representative for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representatives Representative shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives Representative may designate. Delivery of the Offered Shares shall be made through the facilities of the Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Sanders Morris Harris Group Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered through the facilities of The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct, to the Representatives Representative for the accounts of the several Underwriters Underwriters, certificates for the Firm Shares at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representatives Representative for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be registered in such names and denominations as the Representatives Representative shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives Representative may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Zynerba Pharmaceuticals, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representatives shall otherwise instruct, to the Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representatives shall otherwise instruct, to the Representatives for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company and the Selling Shareholders shall deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Shareholders shall also deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be in certificated form (whether or not in global form) and registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Source Interlink Companies Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing DateDate and duly pay any and all transfer taxes payable, including by the Underwriters, in connection with the delivery of the Shares to the Underwriters, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered to the Representatives for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Milestone Pharmaceuticals Inc.)
Delivery of the Offered Shares. The Company and the Selling Stockholders shall deliver, or cause to be delivered to the Representatives through the facilities of The Depository Trust Company for the accounts of the several Underwriters book-entry positions for the Firm Shares at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered to the Representatives through the facilities of The Depository Trust Company for the accounts of the several Underwriters, book-entry positions for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, book-entry positions for the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Marrone Bio Innovations Inc)
Delivery of the Offered Shares. The Company and the Selling Shareholders shall deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters Underwriters, through the facilities of DTC and for the account of the several Underwriters, certificates for the Firm Shares to be sold by the Underwriters at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Shareholders shall also deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters, through the facilities of DTC and for the account of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase from the Selling Shareholders at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be registered in such names or names and in such denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) request and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Bravo Brio Restaurant Group, Inc.)
Delivery of the Offered Shares. The Company [and the Selling Stockholder] shall deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold [by them] at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company [and the Selling Stockholder] shall also deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase [from them] at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Accentia Biopharmaceuticals Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representatives Underwriter for the accounts of the several Underwriters its own account certificates for the Firm Shares at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered to the Representatives Underwriter, certificates for the accounts of the several Underwriters, the Optional Shares the Underwriters have Underwriter has agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA the Underwriter so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA the Underwriter through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA the Underwriter so elects, the certificates for the Offered Shares shall be registered in such names and denominations as the Representatives Underwriter shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives Underwriter may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the UnderwritersUnderwriter.
Appears in 1 contract
Samples: Underwriting Agreement (Ruths Hospitality Group, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representatives for the accounts of the several Underwriters the Firm Shares at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered to the Representatives for the accounts of the several Underwriters, the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so electsUnless the Representatives otherwise elect, delivery of the Offered Shares may shall be made by credit to the accounts designated by BofA the Representatives through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA the Representatives so electselect, any certificates for the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representatives Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit through full fast transfer to the accounts at The Depository Trust Company designated by the Representative. The Company shall also deliver, or cause to be delivered to the Representatives Representative for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be registered in such names and denominations as the Representatives Representative shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives Representative may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/)
Delivery of the Offered Shares. The Company and the Selling Stockholder, severally and not jointly, shall deliver, or cause to be delivered to the Representatives Representatives, through the book-entry facilities of the Depository Trust Company (“DTC”), for the accounts of the several Underwriters the Firm Shares to be sold by them at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered to the Representatives Representatives, through the book-entry facilities of the DTC, for the accounts of the several Underwriters, the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company and the Selling Stockholders shall deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company and the Selling Stockholders shall also deliver, or cause to be delivered delivered, to the Representatives for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so electsThe certificates, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so electsif any, for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of the Depository Trust Company (“DTC”) unless the Representatives otherwise instruct, to the Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of the Depository Trust Company “DTC”) unless the Representatives otherwise instruct, to the Representatives for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct, to the Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representatives shall otherwise instruct, to the Representatives for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representatives Representative for the accounts of the several Underwriters Underwriters, through the facilities of The Depositary Trust Company (“DTC”) and for the account of the Underwriters, certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered to the Representatives Representative for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or at the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representatives Representative shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives Representative may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of the Depository Trust Company (“DTC”) unless the Representatives otherwise instruct, to the Representatives for the accounts of the several Underwriters Underwriters, book entry positions for the Firm Shares at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representatives otherwise instruct, to the Representatives for the accounts of the several Underwriters, book entry positions for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, the Offered Shares shall be registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct, to the Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representatives shall otherwise instruct, to the Representatives for the accounts of the several Underwriters, certificates for the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by BofA through The Depository Trust Company’s full fast transfer or DWAC programs. If BofA so elects, certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representatives may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Five Prime Therapeutics Inc)