Common use of Delivery of the Securities and Payment Therefor Clause in Contracts

Delivery of the Securities and Payment Therefor. Delivery to the Underwriters of, and payment for, the Underwritten Securities shall be made at the office of Xxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx LLP, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 A.M., New York City time, on May 13, 2008 (the “Closing Date”). Delivery to the Underwriters of, and payment for, the Option Securities (if the option provided for in Section 2 hereof is exercised) shall be made on the date and at the time specified in the notice of exercise of the option, which shall not be less than three Business Days after the date of the notice. The place of closing for the Underwritten Securities and the Closing Date may be varied by agreement between you and the Company. Delivery of the Securities shall be made to the Representative for the respective accounts of the several Underwriters against payment by the several Underwriters directly or through the Representative of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct. It is understood that the Representative, acting individually and not in a representative capacity, may (but shall not be obligated to) make payment to the Company on behalf of any other Underwriter for Securities to be purchased by such Underwriter. Any such payment by the Representative shall not relieve any such Underwriter of any of its obligations hereunder.

Delivery of the Securities and Payment Therefor. (a) Delivery to the Underwriters of, and payment for, the Underwritten Securities shall be made at the office of Xxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx LLP, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 A.M.a.m., New York City time, on May 13September 19, 2008 2013 (the “Closing Date”). Delivery to the Underwriters of, and payment for, the Option Securities (if the option provided for in Section 2 2(b) hereof is exercised) shall be made on the date and at the time specified in the notice of exercise of the option, which shall not be less than three Business Days after the date of the noticenotice unless otherwise agreed between the Company and the Representative. The place of closing for the such Underwritten Securities and the Closing Date may be varied by agreement between you and the Company. . (b) Delivery of the Securities shall be made to the Representative for the respective accounts of the several Underwriters against payment by the several Underwriters directly or through the Representative of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct. . (c) It is understood that the Representative, acting individually and not in a representative capacity, may (but shall not be obligated to) make payment to the Company on behalf of any other Underwriter for Securities to be purchased by such Underwriter. Any such payment by the Representative shall not relieve any such Underwriter of any of its obligations hereunder.

Delivery of the Securities and Payment Therefor. Delivery to the ----------------------------------------------- Underwriters of, of and payment for, for the Underwritten Securities shall be made at the office offices of the Company, 000 Xxxxxxx Xxxxxx Xxxxxxxx Xxxxx, Xxxxx & Xxxxxxxx LLP0000, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx Xxxxxxxxxx 00000-0000, at 9:00 A.M.10:00 a.m., New York City time, on May 13_____________, 2008 199_ (the “"Closing Date”"). Delivery The documents required to the Underwriters of, and payment for, the Option Securities (if the option provided for in Section 2 hereof is exercised) be delivered by this Agreement shall be made delivered at the offices of O'Melveny & Xxxxx LLP, 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000-0000 on the date and at the time specified in the notice of exercise of the option, which shall not be less than three Business Days after the date of the noticeClosing Date. The place of closing for the Underwritten Securities and the Closing Date may be varied by agreement between you [name of underwriter], and the Company. Delivery [Certificates/other documents] for the Securities to be purchased hereunder shall be registered in such names and in such denominations as [name of underwriter], on behalf of the Securities Underwriters, shall request prior to 10:00 a.m., New York City time, on the second business day preceding the Closing Date. Such certificates shall be made available to [name of underwriter], in [city] for inspection and packaging not later than 10:00 a.m., [New York City/Los Angeles] time, on the Representative for business day next preceding the respective accounts Closing Date. The [certificates/other documents] evidencing the Securities to be purchased hereunder shall be delivered to [name of underwriter], on behalf of the several Underwriters Underwriters, on the Closing Date against payment by the several Underwriters directly or through the Representative of the purchase price thereof to or upon the order of the Company by wire transfer payable therefor in same-day funds to an account specified by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct. It is understood that the Representative, acting individually and not in a representative capacity, may (but shall not be obligated to) make payment to the Company on behalf of any other Underwriter for Securities to be purchased by such Underwriter. Any such payment by the Representative shall not relieve any such Underwriter of any of its obligations hereunderimmediately available funds.

Delivery of the Securities and Payment Therefor. Delivery to the Underwriters of, Initial Purchasers of and payment for, for the Underwritten Securities Initial Units shall be made at the office of Xxxxxx Xxxxxxxx & Xxxxxxx, 000 Xxxxx & Xxxxxxxx LLP, Xxx Xxxxxxx XxxxxXxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 10:00 A.M., New York City time, on May January 15, 1998 (the "Closing Date"). ------------ On the basis of the representations, warranties and agreements herein contained, but subject to the conditions set forth herein, the Company agrees to issue and sell up to 20,000 Additional Units to the Initial Purchasers, and the Initial Purchasers, severally and not jointly, shall have the right to purchase up to 20,000 Additional Units, at the purchase price specified in Section 2(a) hereof. The Initial Purchasers may exercise its right to purchase Additional Units in whole or in part from time to time by giving written notice thereof to the Company on or prior to February 13, 2008 1998. Such notice shall specify the aggregate principal amount at maturity of Additional Units to be purchased pursuant to such exercise and the date for payment and delivery thereof (the “"Option Closing Date”"). The ------------------- Option Closing Date specified in such notice shall be a business day (a) no later than February 24, 1998, (b) no later than ten business days after such notice has been given and (c) no earlier than two business days after such notice has been given. Delivery to the Underwriters of, Initial Purchasers of and payment for, for the Option Securities (if the option provided for in Section 2 hereof is exercised) Additional Units shall be made at the office of Xxxxxx & Xxxxxxx, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 A.M., on the date and at the time specified in the applicable exercise notice of exercise of the option, which shall not be less than three Business Days after the date of the noticegiven pursuant to this paragraph. The place of closing for the Underwritten Securities Initial Units and the Additional Units, and the Closing Date and the Option Closing Date, may be varied by agreement between you the Initial Purchasers and the Company. Delivery of the Securities shall The Units will be made delivered to the Representative for the respective accounts of the several Underwriters Initial Purchasers against payment by the several Underwriters directly or through the Representative of the purchase price thereof to or upon the order therefor in immediately available funds. Payment of the Company by wire transfer payable purchase price for the Initial Units and the Additional Units shall be placed in same-day funds to an escrow account specified by the Company. Delivery Company and released in accordance with the terms of the Securities shall escrow agreement, dated the Closing Date (the "Escrow Agreement") between ---------------- the Company and Xxxxxx Xxxxxxx, Xxxx Xxxxxx, Discover & Co., as escrow agent (the "Escrow Agent"). The Units will be made through evidenced by one or more global ------------ securities in definitive form and will be registered in the facilities name of Cede & Co. as nominee of The Depository Trust Company unless ("DTC"). The Units to be delivered to --- the Representative Initial Purchasers shall otherwise instruct. It is understood that the Representative, acting individually and not in a representative capacity, may (but shall not be obligated to) make payment made available to the Company Initial Purchasers in New York City for inspection and packaging not later than 9:30 A.M., New York City time, on behalf of any other Underwriter for Securities to be purchased by such Underwriter. Any such payment by the Representative shall not relieve any such Underwriter of any of its obligations hereunderbusiness day next preceding the Closing Date or the Option Closing Date, as applicable.

Delivery of the Securities and Payment Therefor. (a) Delivery to the Underwriters of, and payment for, the Underwritten Securities shall be made at the office of Xxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx LLP, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 A.M.a.m., New York City time, on May 13March 26, 2008 2013 (the “Closing Date”). Delivery to the Underwriters of, and payment for, the Option Securities (if the option provided for in Section 2 hereof is exercised) shall be made on the date and at the time specified in the notice of exercise of the option, which shall not be less than three Business Days after the date of the noticenotice unless otherwise agreed between the Company and the Representative. The place of closing for the such Underwritten Securities and the Closing Date may be varied by agreement between you and the Company. . (b) Delivery of the Securities shall be made to the Representative for the respective accounts of the several Underwriters against payment by the several Underwriters directly or through the Representative of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct. . (c) It is understood that the Representative, acting individually and not in a representative capacity, may (but shall not be obligated to) make payment to the Company on behalf of any other Underwriter for Securities to be purchased by such Underwriter. Any such payment by the Representative shall not relieve any such Underwriter of any of its obligations hereunder.

Delivery of the Securities and Payment Therefor. Delivery to the Underwriters of, of and payment for, for the Underwritten Securities shall be made at the office of Xxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx LLP, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 A.M.10:00 a.m., New York City time, on May 13March 4, 2008 2008, or at such time on such later date not more than three (3) Business Days after the foregoing date as the Representatives shall designate, which date and time may be postponed by mutual written agreement of the Representatives and the Company (such date and time of delivery and payment for the Securities being herein called the “Closing Date”). Delivery to ) or on the applicable Option Closing Date (or at such other time on the same or on such other date, in any event not later than the third Business Day thereafter, as the Underwriters of, and payment for, the Option Securities (if the option provided for in Section 2 hereof is exercised) shall be made on the date and at the time specified in the notice of exercise of the option, which shall not be less than three Business Days after the date of the notice. The place of closing for the Underwritten Securities and the Closing Date Company may be varied by agreement between you and the Companyagree in writing). Delivery of the Securities shall be made to the Representative for the respective accounts of the several Underwriters against payment by the several Underwriters directly or through the Representative Representatives of the purchase price thereof thereof, to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery The Company shall deliver the Securities to the Representatives for the respective accounts of the Securities shall be made several Underwriters through the facilities of The Depository Trust Company unless (“DTC”). The Securities shall be global notes registered in the Representative name of Cede & Co., as nominee for DTC. The interests of beneficial owners of the Securities will be represented by book entries on the records of DTC and participating members thereof. The number and denominations of definitive notes so delivered shall otherwise instructbe as specified by DTC. It is understood that The definitive notes for the RepresentativeSecurities will be made available for inspection by the Representatives at the offices of Pillsbury Wxxxxxxx Xxxx Xxxxxxx LLP, acting individually New York, New York, not later than 1:00 p.m., New York time on the Business Day before the Closing Date, or the applicable Option Closing Date, as the case may be, or such other date, time and not in a representative capacity, may (but shall not be obligated to) make payment to place as the Representatives and the Company on behalf of any other Underwriter for Securities to be purchased by such Underwriter. Any such payment by the Representative shall not relieve any such Underwriter of any of its obligations hereundermay agree.

Delivery of the Securities and Payment Therefor. (a) Delivery to the Underwriters of, and payment for, the Underwritten Securities shall be made at the office of Xxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx LLP, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 A.M.a.m., New York City time, on May 13October 31, 2008 2013 (the “Closing Date”). Delivery to the Underwriters of, and payment for, the Option Securities (if the option provided for in Section 2 2(b) hereof is exercised) shall be made on the date and at the time specified in the notice of exercise of the option, which shall not be less than three Business Days after the date of the noticenotice unless otherwise agreed between the Company and the Representative. The place of closing for the such Underwritten Securities and the Closing Date may be varied by agreement between you and the Company. . (b) Delivery of the Securities shall be made to the Representative for the respective accounts of the several Underwriters against payment by the several Underwriters directly or through the Representative of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct. . (c) It is understood that the Representative, acting individually and not in a representative capacity, may (but shall not be obligated to) make payment to the Company on behalf of any other Underwriter for Securities to be purchased by such Underwriter. Any such payment by the Representative shall not relieve any such Underwriter of any of its obligations hereunder.

Delivery of the Securities and Payment Therefor. The Securities to be purchased hereunder will be represented by one or more definitive global certificates in book-entry form which will be deposited by or on behalf of the Operating Partnership with The Depository Trust Company ("DTC") or its designated custodian. Delivery to the Underwriters ofof the Securities, and against payment forof the purchase price therefor in immediately available funds, the Underwritten Securities shall be made by causing DTC to credit the Securities to the account or accounts designated by Merrxxx Xxxcx xx behalf of the Underwriters at the office DTC. The time and date of Xxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx LLP, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 such delivery shall be 10:00 A.M., New York City time, on May 13November 21, 2008 2000 (such time and date of payment and delivery being herein called the “"Closing Date”Time"). Delivery The other documents to be delivered at the Underwriters of, and payment for, Closing Time by or on behalf of the Option Securities (if the option provided for in Section 2 hereof is exercised) parties hereto shall be made on the delivered at such time and date and at the time specified in the notice offices of exercise of the optionBakex Xxxtx X.X.P., which shall not be less than three Business Days after the date of the notice910 Xxxxxxxxx, Xxxxxxx, Xxxxx 00000. The Xxe place of closing for the Underwritten Securities and the Closing Date Time may be varied by agreement between you the Underwriters and the CompanyOperating Partnership. Delivery of the Securities shall be made to the Representative for the respective accounts of the several Underwriters against payment by the several Underwriters directly or through the Representative of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct. It is understood that the Representative, acting individually and not in a representative capacity, may Merrxxx Xxxcx xxx (but shall not be obligated to) make payment to of the Company on behalf of any other Underwriter purchase price for the Securities to be purchased by such Underwriter. Any any Underwriter whose funds have not been received by the Closing Time, but such payment by the Representative shall not relieve any such Underwriter of any of from its obligations hereunder. The global certificates representing the Securities to be delivered to the Underwriters shall be made available to the Underwriters at the office of DTC or its custodian for inspection not later than 9:30 A.M., New York City time, on the business day next preceding the Closing Time.

Delivery of the Securities and Payment Therefor. Delivery to the Underwriters of, and payment for, the Underwritten Securities shall be made at the office of Xxxxxx Cxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx Hxxxxxxx LLP, Xxx Oxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 A.M., New York City time, on May 135, 2008 (the “Closing Date”). Delivery to the Underwriters of, and payment for, the Option Securities (if the option provided for in Section 2 2(b) hereof is exercised) shall be made on the date and at the time specified in the notice of exercise of the option, which shall not be less than three Business Days after the date of the notice. The place of closing for the Underwritten Securities and the Closing Date may be varied by agreement between you and the Company. Delivery of the Securities shall be made to the Representative for the respective accounts of the several Underwriters against payment by the several Underwriters directly or through the Representative of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct. It is understood that the Representative, acting individually and not in a representative capacity, may (but shall not be obligated to) make payment to the Company on behalf of any other Underwriter for Securities to be purchased by such Underwriter. Any such payment by the Representative shall not relieve any such Underwriter of any of its obligations hereunder.

Delivery of the Securities and Payment Therefor. Delivery to the Underwriters of, and payment for, the Underwritten Securities shall be made at the office of Xxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx LLP, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 A.M., New York City time, on May 13December 22, 2008 2009 (the “Closing Date”). Delivery to the Underwriters of, and payment for, the Option Securities (if the option provided for in Section 2 1(b) hereof is exercised) shall be made on the date and at the time specified in the notice of exercise of the option, which shall not be less than three Business Days after the date of the notice. The place of closing for the Underwritten Securities and the Closing Date may be varied by agreement between you and the Company. If settlement for the Option Securities occurs after the Closing Date, the Company will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned on receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 7 hereof. Delivery of the Securities shall be made to the Representative for the respective accounts of the several Underwriters against payment by the several Underwriters directly or through the Representative of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct. It is understood that the Representative, acting individually and not in a representative capacity, may (but shall not be obligated to) make payment to the Company on behalf of any other Underwriter for Securities to be purchased by such Underwriter. Any such payment by the Representative shall not relieve any such Underwriter of any of its obligations hereunder.

Delivery of the Securities and Payment Therefor. (a) Delivery to the Underwriters of, and payment for, the Underwritten Securities shall be made at the office of Xxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx LLP, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 A.M.a.m., New York City time, on May 13February 2, 2008 2016 (the “Closing Date”). Delivery to the Underwriters of, and payment for, the Option Securities (if the option provided for in Section 2 2(b) hereof is exercised) shall be made on the date and at the time specified in the notice of exercise of the option, which shall not be less than three Business Days after the date of the noticenotice unless otherwise agreed between the Company and the Representative. The place of closing for the such Underwritten Securities and the Closing Date may be varied by agreement between you and the Company. . (b) Delivery of the Securities shall be made to the Representative for the respective accounts of the several Underwriters against payment by the several Underwriters directly or through the Representative of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct. . (c) It is understood that the Representative, acting individually and not in a representative capacity, may (but shall not be obligated to) make payment to the Company on behalf of any other Underwriter for Securities to be purchased by such Underwriter. Any such payment by the Representative shall not relieve any such Underwriter of any of its obligations hereunder.