Common use of Delivery of the Securities Clause in Contracts

Delivery of the Securities. The Company shall deliver, or cause to be delivered to the Representative book-entry entitlements for the Firm Shares and certificates of the Firm Warrants and Pre-Funded Warrants in such denominations and registered in such names as the Underwriter or its designees request, at the Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. Notwithstanding the foregoing, the Company shall deliver such Firm Warrants in certificated form in such denominations and registered in such names as the Underwriter or its designees request. Delivery of the Firm Shares shall be made through the facilities of the Depositary Trust Company to a participant designated by the Underwriter. In the event that a purchaser delivers a Notice of Exercise (as defined in the Pre-Funded Warrants) on or prior to 12:00 P.M., New York time on the Closing Date, to exercise any Pre-Funded Warrants between the date hereof and the Closing Date, the Company shall deliver Warrant Shares with respect to such Pre-Funded Warrants to such purchaser on the Closing Date in connection with such Notice of Exercise. If the Representative so elects, delivery of the Shares will be made by credit to the accounts designated by the Representative through DTC’s full fast transfer or DWAC programs. 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 3 contracts

Samples: Underwriting Agreement (Phio Pharmaceuticals Corp.), Underwriting Agreement (Phio Pharmaceuticals Corp.), Underwriting Agreement (RXi Pharmaceuticals Corp)

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Delivery of the Securities. The Company shall deliver, or cause to be delivered to the Representative book-entry entitlements for the Firm Shares and Firm Warrants and certificates of the Firm Warrants and Pre-Funded Warrants in such denominations and registered in such names as the Underwriter or its designees request, at the Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. Notwithstanding the foregoing, the Company shall deliver such Firm Warrants in certificated form in such denominations and registered in such names as the Underwriter or its designees request. Delivery of the Firm Shares shall be made through the facilities of the Depositary Trust Company to a participant designated by the Underwriter. In the event that a purchaser delivers a Notice of Exercise (as defined in the Pre-Funded Warrants) on or prior to 12:00 P.M., New York time on the Closing Date, to exercise any Pre-Funded Warrants between the date hereof and the Closing Date, the Company shall deliver Warrant Shares with respect to such Pre-Funded Warrants to such purchaser on the Closing Date in connection with such Notice of Exercise. The Company shall also deliver, or cause to be delivered to the Representative book-entry entitlements for the Option Shares and Option Warrants in such denominations and registered in such names as the Underwriter or its designees request, at the Option Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. Notwithstanding the foregoing, the Company shall deliver such Option Warrants in certificated form in such denominations and registered in such names as the Underwriter or its designees request. Delivery of the Option Shares shall be made through the facilities of the Depositary Trust Company to a participant designated by the Underwriter. If the Representative so elects, delivery of the Shares will be made by credit to the accounts designated by the Representative through DTC’s full fast transfer or DWAC programs. 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 (InspireMD, Inc.), Underwriting Agreement (InspireMD, Inc.)

Delivery of the Securities. The Company shall deliver, or cause to be delivered to the Representative book-entry entitlements for the accounts of the several Underwriters certificates for the Firm Shares and certificates of the Firm Warrants and Pre-Funded Warrants in such denominations and registered in such names as the Underwriter or its designees request, 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. Notwithstanding the foregoing, the The Company shall deliver such Firm Warrants in certificated form in such denominations and registered in such names as the Underwriter also deliver, or its designees request. Delivery of the Firm Shares shall cause to be made delivered through the facilities of DTC unless the Depositary Trust Company Representative shall otherwise instruct, to a participant designated by the Underwriter. In Representative for the event that a purchaser delivers a Notice accounts of Exercise (as defined in the Pre-Funded Warrants) on several Underwriters, certificates for the Option Shares and/or Option Warrants the Underwriters have agreed to purchase at the First Closing Date or prior to 12:00 P.M., New York time on the applicable Option Closing Date, to exercise any Pre-Funded Warrants between as the date hereof and case may be, against the Closing Date, release of a wire transfer of immediately available funds for the Company shall deliver Warrant Shares with respect to such Pre-Funded Warrants to such purchaser on amount of the Closing Date in connection with such Notice of Exercisepurchase price therefor. If the Representative so elects, delivery of the Shares will and Warrants may be made by credit to the accounts designated by the Representative through DTCThe Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Securities shall be registered in such names and denominations as the 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 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 2 contracts

Samples: Underwriting Agreement (Ur-Energy Inc), Ur-Energy Inc

Delivery of the Securities. The Company shall deliver, or cause to be delivered to the Representative Representative, book-entry entitlements for the Firm Shares and Firm Warrants and certificates of the Firm Warrants and Pre-Funded Warrants in such denominations and registered in such names as the Underwriter or its designees request, at the Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. Notwithstanding the foregoing, the Company shall deliver such Firm Warrants in certificated form in such denominations and registered in such names as the Underwriter or its designees request. Delivery of the Firm Shares shall be made through the facilities of the Depositary Trust Company (the “DTC”) to a participant designated by the Underwriter. In the event that a purchaser delivers a Notice of Exercise (as defined in the Pre-Funded Warrants) on or prior to 12:00 P.M., New York time on the Closing Date, to exercise any Pre-Funded Warrants between the date hereof and the Closing Date, the Company shall deliver Warrant Shares with respect to such Pre-Funded Warrants to such purchaser on the Closing Date in connection with such Notice of Exercise. The Company shall also deliver, or cause to be delivered, to the Representative book-entry entitlements for the Option Shares and Option Warrants in such denominations and registered in such names as the Underwriter or its designees request, at the Option Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. Notwithstanding the foregoing, the Company shall deliver such Option Warrants in certificated form in such denominations and registered in such names as the Underwriter or its designees request. Delivery of the Option Shares shall be made through the facilities of the DTC to a participant designated by the Underwriter. If the Representative so elects, delivery of the Shares will be made by credit to the accounts designated by the Representative through DTC’s full fast transfer or DWAC programs. 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 (Opgen Inc), Underwriting Agreement (Opgen Inc)

Delivery of the Securities. The Company shall deliver, or cause to be delivered to the Representative book-entry entitlements for the Firm Shares and certificates of representing the Firm Warrants and Pre-Funded Warrants in such denominations and registered in such names as the Underwriter or its designees request, at the Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. Notwithstanding Delivery of the foregoing, Firm Shares shall be made through DWAC to a participant designated by the Underwriter and delivery of the certificates representing the Firm Pre-Funded Warrants will be made electronically with wet signature hard copies to follow promptly after the Closing Date. ​ The Company shall deliver such Firm also deliver, or cause to be delivered to the Representative book-entry entitlements for the Option Shares and certificates representing the Option Pre-Funded Warrants in certificated form in such denominations and registered in such names as the Underwriter or its designees request. Delivery of , at the Firm Shares shall be made through the facilities of the Depositary Trust Company to a participant designated by the Underwriter. In the event that a purchaser delivers a Notice of Exercise (as defined in the Pre-Funded Warrants) on or prior to 12:00 P.M., New York time on the Option Closing Date, to exercise any Pre-Funded Warrants between against the date hereof and irrevocable release of a wire transfer of immediately available funds for the Closing Date, amount of the Company shall deliver Warrant Shares with respect to such Pre-Funded Warrants to such purchaser on the Closing Date in connection with such Notice of Exercisepurchase price therefor. If the Representative so elects, delivery of the Firm Shares and Option Shares, if any, will be made by credit to the accounts designated by the Representative (and as provided to the Company in writing) through DTC’s full fast transfer or DWAC programsDWAC. 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 (Assure Holdings Corp.)

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Delivery of the Securities. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters book-entry entitlements for the Firm Shares and certificates of the Firm Warrants and Pre-Funded Warrants in such denominations and registered in such names as the Underwriter or its designees request, 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. Notwithstanding The Company will deliver the foregoingcertificates for the Firm Warrants, against payment of the Company shall deliver such Firm Warrants purchase price therefor, in certificated form definitive form, in such denominations and registered in such names as the Underwriter Representatives instruct, to the purchasers thereof on the First Closing Date. The Company shall also deliver, or its designees requestcause to be delivered (i) through the facilities of DTC unless the Representatives shall otherwise instruct, to the Representatives for the accounts of the several Underwriters, book-entry entitlements for the Optional Shares and (ii) to the Representatives for the several Underwriters, certificates for the Optional Warrants, in each case that 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. Delivery The Company will deliver any certificates for the Optional Warrants in definitive form, in such denominations and registered in such names as the Representatives instruct, to the purchasers thereof on the applicable Option Closing Date. If the Representatives so elect, delivery of the Firm Shares shall be made through the facilities of the Depositary Trust Company to a participant designated by the Underwriter. In the event that a purchaser delivers a Notice of Exercise (as defined in the Pre-Funded Warrants) on or prior to 12:00 P.M., New York time on the Closing Date, to exercise any Pre-Funded Warrants between the date hereof and the Closing Date, the Company shall deliver Warrant Shares with respect to such Pre-Funded Warrants to such purchaser on the Closing Date in connection with such Notice of Exercise. If the Representative so elects, delivery of the and/or Optional Shares will be made by credit to the accounts designated by the Representative Representatives through DTCThe Depository Trust Company’s full fast transfer or DWAC programs. 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: Scilex Holding Co

Delivery of the Securities. The Company shall deliver, or cause to be delivered to the Representative book-entry entitlements Representatives for the accounts of the several Underwriters certificates for the Firm Shares and certificates of the Firm Warrants and Pre-Funded Warrants in such denominations and registered in such names as the Underwriter or its designees request, Securities 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. Notwithstanding the foregoing, the The Company shall deliver such Firm Warrants in certificated form in such denominations and registered in such names as also deliver, or cause to be delivered to the Underwriter or its designees request. Delivery Representatives for the accounts of the Firm Shares shall be made through several Underwriters, certificates for the facilities of Option Securities the Depositary Trust Company Underwriters have agreed to a participant designated by purchase at the Underwriter. In First Closing Date or the event that a purchaser delivers a Notice of Exercise (as defined in the Pre-Funded Warrants) on or prior to 12:00 P.M., New York time on the applicable Option Closing Date, to exercise any Pre-Funded Warrants between as the date hereof and case may be, against the Closing Date, release of a wire transfer of immediately available funds for the Company shall deliver Warrant Shares with respect to such Pre-Funded Warrants to such purchaser on amount of the Closing Date in connection with such Notice of Exercisepurchase price therefor. If the Representative Representatives so electselect, delivery of the Shares will Securities may be made by credit to the accounts designated by the Representative Representatives through DTCThe Depository Trust Company’s full fast transfer or DWAC programs. If the Representatives so elect, the certificates for the Securities 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 (Green Plains Inc.)

Delivery of the Securities. The Company shall deliver, or cause to be delivered to the Representative book-entry entitlements for the Firm Shares and certificates of representing the Firm Warrants and Pre-Funded Warrants in such denominations and registered in such names as the Underwriter or its designees request, at the Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. Notwithstanding Delivery of the foregoing, Firm Shares shall be made through DWAC to a participant designated by the Underwriter and delivery of the certificates representing the Firm Pre-Funded Warrants will be made electronically with wet signature hard copies to follow promptly after the Closing Date. The Company shall deliver such Firm also deliver, or cause to be delivered to the Representative book-entry entitlements for the Option Shares and certificates representing the Option Pre-Funded Warrants in certificated form in such denominations and registered in such names as the Underwriter or its designees request. Delivery of , at the Firm Shares shall be made through the facilities of the Depositary Trust Company to a participant designated by the Underwriter. In the event that a purchaser delivers a Notice of Exercise (as defined in the Pre-Funded Warrants) on or prior to 12:00 P.M., New York time on the Option Closing Date, to exercise any Pre-Funded Warrants between against the date hereof and irrevocable release of a wire transfer of immediately available funds for the Closing Date, amount of the Company shall deliver Warrant Shares with respect to such Pre-Funded Warrants to such purchaser on the Closing Date in connection with such Notice of Exercisepurchase price therefor. If the Representative so elects, delivery of the Firm Shares and Option Shares, if any, will be made by credit to the accounts designated by the Representative (and as provided to the Company in writing) through DTC’s full fast transfer or DWAC programsDWAC. 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 (Assure Holdings Corp.)

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