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

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. Peterxxxxx, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Noble International LTD), Underwriting Agreement (Noble International LTD), Underwriting Agreement (Noble International LTD)

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Delivery of the Shares and Payment Therefor. Delivery to the U.S. Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxx 00xx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx XX 00000, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon August __, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1998 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company and the CompanyAttorneys-in-Fact. Delivery to the U.S. Underwriters of and payment for any Additional Shares to be purchased by the U.S. Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the U.S. Underwriters to the Company, Company of the U.S. Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 2 contracts

Samples: u.s. Underwriting Agreement (Global Crossing LTD), u.s. Underwriting Agreement (Global Crossing LTD)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James & AssociatesHunton Xxxxxxx Xxxxx LLP, Inc.0000 Xxxxxxxxxxxx Xxxxxx, 880 Carillon ParkwayXX, St. PetersburgXxxxxxxxxx, Xxxxxdx xx XX at 10:00 a.m., St. PeterxxxxxNew York, Xxxxxxx xxxxNew York time, xxxx xxxxxxxx xxxx xxxxx on [CLOSING DATE], 2020, or such other place, time and date not later than 1:30 p.m., New York, New York time, on the second business day thereafter as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 13 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & AssociatesHunton Xxxxxxx Xxxxx LLP, Inc.0000 Xxxxxxxxxxxx Xxxxxx, 880 Carillon ParkwayXX, St. PetersburgXxxxxxxxxx, XxxxxdxXX, xx at 10:00 a.m., St. PetexxxxxxNew York, Xxxxxxx xxxxNew York time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Representative and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on made through the Closing Date or the Additional Closing Date, as the case may be, facilities of The Depository Trust Company against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and for the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price Purchase Price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representaxxxxx xf xxx the representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (NexPoint Real Estate Finance, Inc.), Underwriting Agreement (NexPoint Real Estate Finance, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on , 2013, or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on , 2013 as the Representatives shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for Delivery of the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct. The certificates for the Shares, if any, will be made available to you in St. Petersburg, Florida for inspection and packaging by the Representatives at the office of DTC or its designated custodian not later than 9:30 a.m.A.M., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The Any such certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company (with respect to the payment to be made to the Company) or by the Custodian (with respect to the payment to be made to the Selling Stockholders). Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. Payment for the Shares sold by the Selling Stockholders hereunder shall be delivered by the Representatives to the Custodian (as defined herein). It is understood that the Representatives have been authorized, for their own respective account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Each of Xxxxxxx Xxxxx and Associates, Inc.Inc. and Xxxxx Xxxxxxx & Co., individually and not as Representaxxxxx xf xxx Representatives of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. Each Selling Stockholder hereby agrees that (i) it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares to be sold by such Selling Stockholder to the several Underwriters, or otherwise in connection with the performance of such Selling Stockholder’s obligations hereunder and (ii) the Custodian is authorized to deduct for such payment any such amounts from the proceeds to such Selling Stockholder hereunder and to hold such amounts for the account of such Selling Stockholder with the Custodian under the Custody Agreement (as defined herein).

Appears in 2 contracts

Samples: Underwriting Agreement (Applied Optoelectronics, Inc.), Underwriting Agreement (Applied Optoelectronics, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000, at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on March 27, 2018 or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on April 10, 2018, as the Representatives shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth the aggregate number of Additional Shares as to which the Underwriters are exercising the option. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Representatives shall otherwise instruct. It is understood that the Representatives have has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc. and Ladenburg Xxxxxxxx & Co. Inc., each individually and not as Representaxxxxx xf xxx Representatives of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement, Underwriting Agreement (Leap Therapeutics, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor the Option Shares (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third business day prior to the Closing Date (as defined below)) shall be made at the offices office of Raymond James Simpxxx Xxxxxxx & AssociatesXartxxxx, Inc.005 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXX 00000, Xxxxxdx xx 10:00 a.m.9:30 A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon ________ __, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1999 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the CompanyTrust. Delivery to the Underwriters of and payment for any Additional Option Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James Simpxxx Xxxxxxx & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, Xartxxxx xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Trust of the Underwriters' determination to purchase a number, specified in such notice, of Additional Option Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the Additional any Option Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the CompanyTrust. The place and time for the closing of the Advisor Shares shall be as agreed upon by the Advisor and the Trust, except that the date of such closing for the Advisor Shares shall in no event be earlier than the Closing Date. Certificates for the Firm Shares and for any Additional Option Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Option Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, through the facilities of The Depository Trust Company, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 2 contracts

Samples: Underwriting Agreement (Colonial Insured Municipal Fund), Underwriting Agreement (Colonial California Insured Municipal Fund)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxx & AssociatesXxxxxx L.L.P., Inc.0000 Xxxx Xxxxxx, 880 Carillon ParkwaySuite 3700, St. PetersburgDallas, Xxxxxdx xx TX 75201 at 10:00 a.m., St. PeterxxxxxNew York, Xxxxxxx xxxxNew York time, xxxx xxxxxxxx xxxx xxxxx on March 10, 2015, or such other place, time and date not later than 1:30 p.m., New York, New York time, on March 15, 2015 as the Representatives shall designate by notice to the Company and the Selling Stockholder (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representatives, the Company and the Selling Stockholder. The Company and the Selling Stockholder hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company, the Selling Stockholder or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 13 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxx & AssociatesXxxxxx L.L.P., Inc.0000 Xxxx Xxxxxx, 880 Carillon ParkwaySuite 3700, St. PetersburgDallas, Xxxxxdx, xx TX 75201 at 10:00 a.m., St. PetexxxxxxNew York, Xxxxxxx xxxxNew York time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three one nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the CompanyCompany and the Selling Stockholder, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the accounts (together with the related account holder information and respective denominations) to which the Additional Shares are to be delivered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you you, the Company and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may beSelling Stockholder. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you in book entry form on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the CompanySelling Stockholder. Payment for the Shares sold by the Company Selling Stockholder hereunder shall be delivered by the Representatives via wire transfer to the CompanySelling Stockholder. Delivery of the Firm Shares and any Additional Shares shall be made through the facilities of The Depository Trust Company to the accounts specified by the Representatives not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, unless the Representatives and the Selling Stockholder shall otherwise agree. It is understood that the Representatives have been authorized, for their own account respective accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc.Each Representative, individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Crouse Lawrence D), Underwriting Agreement (Heartland Express Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Rxxxxxx Jxxxx & Associates, Inc., 880 Carillon Parkway800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on [_________], or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on [__________] as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Rxxxxxx Jxxxx & Associates, Inc., 880 Carillon Parkway800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm The Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and shall be in such denominations as you the Representative shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second at least two full business day preceding days before the Firm Shares Closing Date or the Additional Closing Dateor, as in the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida timeof Additional Shares, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of notice of exercise of the purchase price therefore by wire transfer option as described in the second paragraph of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder this Section 4 and shall be delivered by or on behalf of the Representatives via wire transfer Company to the CompanyRepresentative through the facilities of the Depository Trust Company (“DTC”) for the account of each Underwriter. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (PLX Pharma Inc.), Underwriting Agreement (PLX Pharma Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesSmitx Xxxxxx Xxx., Inc.388 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXX 00000, Xxxxxdx xx 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon April ___, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company and the CompanyAttorneys-in-Fact. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Smitx Xxxxxx Xxx. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company and the Attorneys-in-Fact of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you among you, the Company and the Company5 Attorneys-in-Fact. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 2 contracts

Samples: Underwriting Agreement (Party City Corp), Underwriting Agreement (Party City Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesSmitx Xxxxxx Xxx., Inc.388 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXxx Xxxx 00000, Xxxxxdx xx 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon , xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Smitx Xxxxxx Xxx. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Additional Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice, it being understood that a facsimile transmission shall be deemed written notice, prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 2 contracts

Samples: Underwriting Agreement (American Physician Partners Inc), Underwriting Agreement (American Physician Partners Inc)

Delivery of the Shares and Payment Therefor. Delivery Subject to Section 8 ------------------------------------------- hereof, delivery to the Underwriters of and payment by the Underwriters for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx XX 00000, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon , xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery Subject to Section 8 hereof, delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 2 contracts

Samples: Underwriting Agreement (Eastern Environmental Services Inc), Underwriting Agreement (Eastern Environmental Services Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor the Option Shares (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third business day prior to the Closing Date (as defined below)) shall be made at the offices office of Raymond James Simpxxx Xxxxxxx & AssociatesXartxxxx, Inc.005 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXX 00000, Xxxxxdx xx 10:00 a.m.9:30 A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon October 29, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1999 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the CompanyTrust. Delivery to the Underwriters of and payment for any Additional Option Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James Simpxxx Xxxxxxx & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, Xartxxxx xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Trust of the Underwriters' determination to purchase a number, specified in such notice, of Additional Option Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the Additional any Option Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the CompanyTrust. The place and time for the closing of the Advisor Shares shall be as agreed upon by the Advisor and the Trust, except that the date of such closing for the Advisor Shares shall in no event be earlier than the Closing Date. Certificates for the Firm Shares and for any Additional Option Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Option Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, through the facilities of The Depository Trust Company, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 2 contracts

Samples: Underwriting Agreement (Colonial Insured Municipal Fund), Underwriting Agreement (Colonial California Insured Municipal Fund)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000, at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, St. Peterxxxxx, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx on the second full business day following the date hereof or, if the pricing of this Agreement (the "Closing Date"). The place of closing for the Firm Shares occurs after 4:30 p.m., St. Petersburg, Florida time, on the third full Business Day thereafter, or at such other date as shall be determined by the Representative and the Company (the time and date of such closing are called the “Closing Date may be varied by agreement between the Representatives and the CompanyDate”). Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth the aggregate number of Additional Shares as to which the Underwriters are exercising the option. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Representative shall otherwise instruct. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for for, the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Catalyst Biosciences, Inc.), Underwriting Agreement (Catalyst Biosciences, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesSkadden, Inc.Arps, 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. PeterxxxxxSlate, Xxxxxxx xxxx& Xxxx LLP, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxx, Xxxxxxxxxx 00000 at 10:00 A.M., New York City time, on August 14, 2009 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & AssociatesSkadden, Inc.Arps, 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. PetexxxxxxSlate, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx & Xxxx LLP at such time on such date (the "Additional “Option Closing Date") (”), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.P.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately preceding the Closing Date or the Additional any Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close order of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Ps Business Parks Inc/Ca), Stock Purchase Agreement (Ps Business Parks Inc/Ca)

Delivery of the Shares and Payment Therefor. (a) Delivery to the Underwriters of the Firm Shares and payment therefor shall be made against payment therefor at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 9:00 a.m., St. PeterxxxxxChicago, Xxxxxxx xxxxIllinois time, xxxx xxxxxxxx xxxx xxxxx on the third full business day following the date of this the Pricing Agreement (the "Closing Date")) at the offices of Jonex, Xxy, Reavxx & Xogux, 00 Wxxx Xxxxxx, Xxxxxxx, Illinois 60601-1692. The place of the closing for the Firm Shares and the Closing Date may be varied by agreement between among the Representatives and the Company. . (b) Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the several Underwriters shall be made in Chicago, Illinois against payment therefor at the offices of Raymond James Jonex, Xxy, Reavxx & AssociatesXogux, Inc.00 Wxxx Xxxxxx, 880 Carillon ParkwayXxxxxxx, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Illinois 60601-1692 at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives on behalf to the Company and the Agents of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such said notice, of Additional Shares. Such Said notice may be given at any time within 30 days after the date of the Prospectusexecution of the Pricing Agreement. The place of the closing for the Additional Shares and the Additional Option Closing Date may be varied by agreement among the Representatives and the Company. (c) If the Representatives, the Company and the Selling Stockholders have elected to enter into the Pricing Agreement after the Registration Statement is effective, the Purchase Price per Share to be paid by the several Underwriters for the Shares shall be an amount equal to the public offering price, less an amount to be determined by agreement among the Representatives, the Company and the Selling Stockholders. The public offering price per Share of the Shares shall be a fixed price to be determined by agreement between you the Representatives and the Company. The public offering price and the Purchase Price per Share, when so determined, shall be set forth in the Pricing Agreement. If such prices have not been agreed upon and the Pricing Agreement has not been executed and delivered by all parties thereto by the close of business on the fourth business day following the date of this Agreement, this Agreement shall terminate forthwith, without liability of any party to any other party, unless otherwise agreed to by the Company, the Selling Stockholders and the Representatives and except as otherwise provided in Section 5 hereof. If the Representatives, the Company and the Selling Stockholders have elected to enter into the Pricing Agreement prior to the Registration Statement becoming effective, the public offering price and the Purchase Price per Share to be paid by the several Underwriters for the Shares having each been determined and set forth in the Pricing Agreement, the Company agrees to file an amendment to the Registration Statement and the Prospectus before the Registration Statement becomes effective. (d) Certificates for the Firm Shares and for any the Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you the Representatives shall request upon at least 48 hours prior notice to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day Company and the Custodian preceding the Closing Date or the Additional Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburgthe Representatives at the office of The Depository Trust Company, Florida New York, New York, for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding at least 24 hours prior to the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any the Additional Shares to be purchased hereunder shall be delivered to you the Representatives on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire with any transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold taxes thereon duly paid by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing DateSelling Stockholders, as the case may be, for the account respective accounts of such Underwriterthe several Underwriters, but any such against payment shall not relieve such Underwriter from any of the purchase price therefor by wire or other immediately available funds. It is understood by the Company and the Selling Stockholders that each of the Underwriters has authorized the Representatives, for its obligations under this Agreementaccount, to accept delivery of, receipt for and make payment of the purchase price for, the Shares it has agreed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Transtechnology Corp), Underwriting Agreement (Transtechnology Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, St. Peterxxxxxon ___________, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, St. PetersburgXx. Xxxxxxxxxx, XxxxxdxXxxxxxx, xx at 10:00 a.m., St. PetexxxxxxFlorida time, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given to the Company by you at any time within 30 days after the date of the Prospectus. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified certified or official bank check or checks payable in writing, not later than the close of business on the business day New York Clearing House (next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Companyday) funds. Payment for the Firm Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Priority Healthcare Corp), Underwriting Agreement (Priority Healthcare Corp)

Delivery of the Shares and Payment Therefor. Delivery to The closing for the Underwriters purchase of the Firm Shares and payment therefor shall be made take place at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on [ ], 2019, or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on [ ], 2019 as the Representative and the Company may agree (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. Delivery to the Underwriters purchase of and payment for any Additional Shares to be purchased by the Underwriters shall be made take place at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates or book-entries for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates certificates, if any, shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates or book-entries evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. The Company shall deliver the Firm Shares and any Additional Shares through the facilities of The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price Purchase Price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but but, subject to Section 12, shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Alerus Financial Corp), Underwriting Agreement (Alerus Financial Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James Xxxxxx & AssociatesXxxxxxx, Inc.000 Xxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXxx Xxxx 00000 at 10:00 A.M., Xxxxxdx xx 10:00 a.m.New York City time, St. Peterxxxxxon November 30, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1999 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between you, on behalf of the Representatives Underwriters, and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James Xxxxxx & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you you, on behalf of the Underwriters, and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 2 contracts

Samples: Underwriting Agreement (Adelphia Communications Corp), Underwriting Agreement (Adelphia Business Solutions Inc)

Delivery of the Shares and Payment Therefor. Delivery to the ------------------------------------------- Underwriters of and payment for the Firm Shares and payment therefor the Option Shares (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third business day prior to the Closing Date (as defined below)) shall be made at the offices office of Raymond James Xxxxxxx Xxxxxxx & AssociatesXxxxxxxx, Inc.000 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXX 00000, Xxxxxdx xx 10:00 a.m.or through the facilities of the Depository Trust Company or another mutually agreeable facility, St. Peterxxxxxat 9:30 A.M., Xxxxxxx xxxxNew York City time, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement on ________ __, 1999 (the "Closing Date"). The place of closing for the Firm Shares and the Option Shares and the Closing Date may be varied by agreement between the Representatives you and the CompanyTrust. Delivery to the Underwriters of and payment for any Additional Option Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James Xxxxxxx Xxxxxxx & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxxxxx at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Trust of the Underwriters' determination to purchase a number, specified in such notice, of Additional Option Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the Additional any Option Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the CompanyTrust. Certificates for the Firm Shares and for any Additional Option Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Option Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, through the facilities of The Depository Trust Company, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 2 contracts

Samples: Underwriting Agreement (Blackrock Pennsylvania Strategic Municipal Trust), Underwriting Agreement (Blackrock Strategic Municipal Trust)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters Underwriter of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx Xxx Xxxx at 10:00 a.m., St. PeterxxxxxNew York time, Xxxxxxx xxxxon May 23, xxxx xxxxxxxx xxxx xxxxx 2008, or such other place, time and date not later than 1:30 p.m., New York time, on May 30, 2008 as the Underwriter shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Underwriter and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any reasonable determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus. Delivery to the Underwriters Underwriter of and payment for any Additional Shares to be purchased by the Underwriters Underwriter shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxx Xxxxxx, St. PetersburgXxx Xxxx, XxxxxdxXxx Xxxx, xx at 10:00 a.m., St. PetexxxxxxNew York time, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf Underwriter to the Company of the Underwriters to the Company, of the Underwriters' Underwriter’s determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is exercising the option and (ii) the names and denominations for the certificate for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Underwriter and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you the Underwriter on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account one or more accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Underwriter to the Company. Delivery of the Shares shall be made through the facilities of The Depository Trust Company unless the Underwriter shall otherwise instruct. It is understood that the Representatives have Underwriter has been authorized, for their its own account and the accounts of the several Underwritersaccount, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have Underwriter has agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (New York Community Bancorp Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx 10:00 a.m.XX 00000, St. Peterxxxxxat 9:00 A.M., Xxxxxxx xxxxNew York City time, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement on September 23, 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three Dtwo nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice (it being understood that a facsimile transmission shall be deemed written notice) prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close order of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Sinclair Broadcast Group Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesSmitx Xxxxxx Xxx., Inc.388 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXX 00000, Xxxxxdx xx 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon , xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1996 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company, the D&O Attorneys-in-Fact and the CompanyTCW Selling Stockholders. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Smitx Xxxxxx Xxx. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between among you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available or certified or official bank check or checks payable in same day funds to an account specified in writing, not later than the close order of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for , the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account D&O Attorneys-in-Fact and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this AgreementTCW Selling Stockholders.

Appears in 1 contract

Samples: Underwriting Agreement (Comstock Resources Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesSmitx Xxxxxx Xxx., Inc.388 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXX 00000, Xxxxxdx xx 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon August __, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company and the CompanyAttorneys-in-Fact. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Smitx Xxxxxx Xxx. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company and the Attorneys-in-Fact of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you among you, the Company and the CompanyAttorneys-in-Fact. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Edutrek Int Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares Securities and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000, at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on February 5, 2019 or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on February 5, 2019, as the Representatives shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares Securities and the Closing Date may be varied by agreement between the Representatives and the Company. Delivery to the Underwriters of and payment for any Additional Shares Securities to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional SharesSecurities. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth the aggregate number of Additional Securities as to which the Underwriters are exercising the option. The place of closing for the Additional Shares Securities and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the The Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares Securities and any Additional Shares Securities to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares Securities sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. Delivery of the Securities shall be made through the facilities of The Depositary Trust Company unless the Representatives shall otherwise instruct. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Firm Share for the Firm Shares and per Additional Share for the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc. and Ladenburg Xxxxxxxx & Co. Inc., each individually and not as Representaxxxxx xf xxx Representatives of the Underwriters, may, but shall not be obligated to, make payment for any Shares Securities to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Leap Therapeutics, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, St. Peterxxxxxon October ___, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1995 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company and the Selling Shareholders that are selling Additional Shares of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given to the Company and the Selling Shareholders that are selling Additional Shares by you at any time within 30 days prior to the 28th day after the date of the Prospectus. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between among you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available in federal (same day) funds to an account specified in writing, not later than the close designated account(s) established on behalf of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorizedat LaSalle National Bank, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.N.A.

Appears in 1 contract

Samples: Underwriting Agreement (Continental Waste Industries Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxxx & AssociatesKnight, Inc.L.L.P., 880 Carillon Parkway0000 Xxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxx 00000 at 10:00 a.m., Dallas, Texas time, on [ , 2004],1 or such other place, time and date not later than 1:30 p.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, St. Peterxxxxxon [ , Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx 2004]2 as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxxx & AssociatesXxxxxx, Inc.L.L.P., 880 Carillon Parkway0000 Xxxxxxx Xxxxxx, St. PetersburgXxxxx 0000, XxxxxdxXxxxxx, xx Xxxxx 00000 at 10:00 a.m., St. PetexxxxxxDallas, Xxxxxxx xxxxTexas time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc., individually and 1 Fourth full business day after the date of this Agreement, unless the pricing occurs at a time earlier than 4:30 p.m., East Coast time, in which case it is the third full business day after the date of this Agreement. 2 Ten business days following the original contemplated Closing Date. not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (NGP Capital Resources CO)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesSmitx Xxxxxx Xxx., Inc.388 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXxx Xxxx 00000, Xxxxxdx xx 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon _________, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1998 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company and the CompanyAttorneys-in-Fact. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Smitx Xxxxxx Xxx. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between among you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice, it being understood that a facsimile transmission shall be deemed written notice, prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Educational Medical Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James King & AssociatesSpalding LLP, Inc.191 Peachtree Street, 880 Carillon ParkwayAtlanta, St. PetersburgGeorgia 30303, Xxxxxdx xx at 10:00 a.m.A.M., St. Peterxxxxx, Xxxxxxx New Yxxx Xxxx xxxx, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement xx Xxxxx 0, 0000 (the xxx "Closing Xxxxxxg Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Underwriters and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices office of Raymond James King & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Spalding LLP mentioned above at such time and on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you the Underwriters and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you the Underwriters shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you the Underwriters in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you the Underwriters on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Equity Inns Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters Underwriter of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on March 7, 2014, or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on March 7, 2014 as the Underwriter shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Underwriter and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters Underwriter of and payment for any Additional Shares to be purchased by the Underwriters Underwriter shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf Underwriter to the Company of the Underwriters to the Company, of the Underwriters' Underwriter’s determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth the aggregate number of Additional Shares as to which the Underwriter is exercising the option. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Underwriter and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered made to you the Underwriter on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Underwriter to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for The Company shall deliver the Firm Shares and any Additional Shares through the Additional Shares, if any, that facilities of the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, Depository Trust Company (“DTC”) for the account of such Underwriter, but any such payment the Underwriter unless the Underwriter shall not relieve such Underwriter from any of its obligations under this Agreementotherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Guaranty Federal Bancshares Inc)

Delivery of the Shares and Payment Therefor. Delivery The closing with respect to the Underwriters purchase of the Firm Shares and payment therefor by the Underwriters shall be made held at the offices office of Raymond James Holland & AssociatesKnight LLP, Inc.Xxx Xxxx Xxxxxxx Xxxxxxxxx, 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. PeterxxxxxXxxx Xxxxxxxxxx, Xxxxxxx xxxx00000, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement at 10:00 A.M., New York City time, on June __, 1998 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery The closing with respect to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made held at the offices aforementioned office of Raymond James Holland & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Knight LLP at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Additional Shares may be varied by agreement between you and the Company. Certificates Certificates, if any, for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates or Depository Trust Corporation electronic notifications, as the case may be, evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, writing by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (International Speedway Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, St. Peterxxxxx, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx on the fourth full business day after the date of this Agreement Agreement, unless the pricing occurs at a time earlier than 4:30 p.m., St. Petersburg, Florida time, in which case insert the third full business day after the date of this Agreement., or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on , 2006 [ten business days following the original contemplated Closing Date] as the Representative shall designate by notice to the Company (the "time and date of such closing are called the “Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. Company It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Bancshares of Florida Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on March 23, 2016, or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on March 23, 2016 as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the Additional Shares are to be issued and registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates Payment for the Firm Shares shall be made on the Closing Date by wire transfer of Federal (same day) funds to the Company in an amount equal to the purchase price for the Firm Shares upon delivery to you of certificates (in form and substance satisfactory to the Underwriters) representing the Firm Shares (or through the full fast transfer facilities of the Depository Trust Company (the “DTC”)) for any Additional the account of the Underwriters. The Firm Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall the Representative may request in writing at least two Business Days prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date. The Company will permit the Representative to examine and package the Firm Shares for delivery, at least one full Business Day prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Representative for all the Firm Shares. Payment for the Additional Shares shall be made on the Additional Closing Date by wire transfer of Federal (same day) funds to the Company in an amount equal to the purchase price for the Additional Shares being purchased upon delivery to the Underwriters of certificates (in form and substance satisfactory to the Underwriters) representing the Additional Shares (or through the full fast transfer facilities of DTC) for the account of the Underwriters. The Additional Shares shall be registered in such names and in such denominations as the Representative may request in writing at least two Business Days prior to the Additional Closing Date. The Company will permit the Representative to examine and package the Additional Shares for delivery, as the case may be. Such certificates shall be made available at least one full Business Day prior to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the such Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from of any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Volitionrx LTD)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Skadden, Arps, Slate, Meagher & AssociatesFlom LLP, Inc.Four Times Xxxxxx, 880 Carillon ParkwayNex Xxrk, St. PetersburgNew York, Xxxxxdx xx at 10:00 a.m., St. PeterxxxxxNew York, Xxxxxxx xxxxNew York time, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement on July 7, 2004 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Skadden, Arps, Slate, Meagher & AssociatesFlom LLP, Inc.Four Times Xxxxxx, 880 Carillon ParkwayNex Xxrk, St. PetersburgNew York, Xxxxxdx, xx at 10:00 a.m., St. PetexxxxxxNew York, Xxxxxxx xxxxNew York time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, notice from the Representatives on behalf of the Underwriters Representative to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such You may give such notice may be given to the Company at any time within 30 days after the date of the Prospectus. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Representative and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you the Representative shall request prior to 1:00 p.m., St. PetersburgNew York, Florida timeNew York time (or such other time as the parties agree), not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you the Representative in St. PetersburgNew York, Florida New York for inspection and packaging not later than 9:30 a.m., St. PetersburgNew York, Florida New York time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you the Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an the account specified in writing, not later than the close of business on the business day two days next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Firm Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Harris & Harris Group Inc /Ny/)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, St. Peterxxxxxon __________, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 2000 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given to the Company by you at any time within 30 days after the date of the Prospectus. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an the account specified in writing, not later than the close of business on the business day two days next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Firm Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Concord Camera Corp)

Delivery of the Shares and Payment Therefor. Delivery to the ------------------------------------------- Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx Xxx Xxxx 00000, at 10:00 a.m., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon November 13, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (American General Hospitality Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. Peterxxxxx, Xxxxxxx xxxx, xx Xxx __, 0000 xx xxxx xxxxxxxx xxxx xxxxx other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on June __, 2001 as the Representatives shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 of this Agreement. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account respective accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Bankunited Financial Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James King & AssociatesSpalding LLP, Inc.0000 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXX, St. PetersburgXxxxxxx, Xxxxxdx xx Xxxxxxx 00000 at 10:00 a.m., St. PeterxxxxxAtlanta, Xxxxxxx xxxxGeorgia time, xxxx xxxxxxxx xxxx xxxxx on October 17, 2017 or such other place, time and date not later than 1:30 p.m., Atlanta, Georgia time, on the second business day thereafter as the Representatives and the Company may agree in writing (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James King & AssociatesSpalding LLP, Inc.0000 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXX, St. PetersburgXxxxxxx, XxxxxdxXxxxxxx 00000, xx at 10:00 a.m., St. PetexxxxxxAtlanta, Xxxxxxx xxxxGeorgia time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but unless otherwise agreed to by the Company shall in no event not be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on made through the Closing Date or the Additional Closing Date, as the case may be, facilities of The Depositary Trust Company against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price Purchase Price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and AssociatesStifel, Inc., or either of them individually and not as Representaxxxxx xf xxx a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (CatchMark Timber Trust, Inc.)

Delivery of the Shares and Payment Therefor. (a) Delivery to the Underwriters of and payment to the Fund for the Firm Shares and payment therefor compensation of the Underwriters with respect thereto shall be made at the offices office of Raymond James & AssociatesSkadden, Inc.Arps, 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. PeterxxxxxSlate, Xxxxxxx xxxx& Xxxx LLP, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement Xxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, or at another mutually agreeable facility, at 9:30 A.M., New York City time, on May _____, 2001 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Fund; (b) Delivery to the Underwriters of of, and payment for to the Fund for, any Additional Shares to be purchased by the Underwriters and compensation of the Underwriters with respect thereto shall be made at the offices aforementioned office of Raymond James & AssociatesSkadden, Inc.Arps, 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. PetexxxxxxSlate, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx & Xxxx LLP at such time on such date (the an "Additional Option Closing Date") (), which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten three business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Fund of the Underwriters' determination to purchase a number, specified in such said notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Additional Shares may be varied by agreement between you and the Company. Fund; (c) Simultaneous with delivery to the Underwriters of, and payment by the Underwriters for, the Firm Shares or any Additional Shares, as the case may be, the Investment Manager will pay to Xxxxxxx Xxxxx Barney Inc. all or a portion of the structuring fee in the amounts specified to be so paid in Section 5(r) herein by wire transfer to the order of Xxxxxxx Xxxxx Xxxxxx Inc.; and (d) Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.P.M., St. Petersburg, Florida New York City time, not later than (i) in respect of the Firm Shares, on the second full business day preceding the Closing Date or and (ii) in respect of Additional Shares, on the day of the giving of the written notice in respect of such Additional Closing Date, as the case may beShares. Such certificates shall will be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.9:00 A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional any Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Cohen & Steers Advantage Income Fund Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Milbank, Tweed, Xxxxxx & AssociatesXxXxxx XXX, Inc.0 Xxxxx Xxxxxxxxx Xxxxx, 880 Carillon ParkwayXxx Xxxx, St. Petersburg, Xxxxxdx xx Xxx Xxxx at 10:00 a.m., St. PeterxxxxxNew York time, Xxxxxxx xxxxon May 14, xxxx xxxxxxxx xxxx xxxxx 2014 or such other place, time and date not later than 1:30 p.m., New York time, on May 16, 2014 as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Milbank, Tweed, Xxxxxx & AssociatesXxXxxx LLP, Inc.1 Chase Manhattan Plaza, 880 Carillon ParkwayNew York, St. PetersburgNew York, Xxxxxdx, xx at 10:00 a.m., St. PetexxxxxxNew York time, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Representative and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered made to you the Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available Federal (same-day) funds to an account specified to the Representative in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. The Company shall deliver the Firm Shares and any Additional Shares through the facilities of the Depository Trust Company unless the Representative shall otherwise instruct. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Iridium Communications Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James & AssociatesXxxxxxx Xxxxx, Inc.000 Xxxxxxxx Xxxxxxx, 880 Carillon ParkwayXx. Xxxxxxxxxx, Xxxxxxx at 10:00 A.M., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on December 14, 2004, or such other place, time and date not later than 1:30 P.M., St. PeterxxxxxPetersburg, Florida time, on December 29, 2004 as Xxxxxxx xxxxXxxxx, xxxx xxxxxxxx xxxx xxxxx as a Representative, shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Xxxxxxx Xxxxx, as a Representative, and the Company. The Company hereby acknowledges that circumstances under which Xxxxxxx Xxxxx, as a Representative, may provide notice to postpone the Closing Date as originally scheduled include, without limitation, any determination by the Company or Xxxxxxx Xxxxx, as a Representative, to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of any Additional Shares and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & AssociatesXxxxxxx Xxxxx, Inc.000 Xxxxxxxx Xxxxxxx, 880 Carillon ParkwayXx. Xxxxxxxxxx, Xxxxxxx, at 10:00 A.M., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m.on such date or dates (each, St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx (the "an “Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Xxxxxxx Xxxxx, as a Representative, on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you Xxxxxxx Xxxxx, as a Representative, and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.P.M., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida or such other location designated by Xxxxxxx Xxxxx, as a Representative, for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you Xxxxxxx Xxxxx, as a Representative, not later than the close of business on the second business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not . Not later than the close noon of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company shall provide to Xxxxxxx Xxxxx, as a Representative, with written account and wiring instructions to be used to deliver the proceeds of the offering to the Company. Payment for the Shares sold by the Company hereunder shall be delivered by Xxxxxxx Xxxxx, on behalf of the Representatives via Underwriters, by wire transfer of immediately available funds to the account specified by the Company, on the Closing Date and the Additional Closing Date, as the case may be. It is understood that the Representatives have Xxxxxxx Xxxxx, as a Representative, has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price Purchase Price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc.Xxxxxxx Xxxxx, individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Main Street Banks Inc /New/)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the New York offices of Raymond James & AssociatesSidley Austin LLP, Inc.or at such other place as shall be agreed upon by the Representative and the Company, 880 Carillon Parkwayat 9:00 A.M. (New York City time) on the third (fourth, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. Peterxxxxx, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx if the pricing occurs after 4:30 P.M. (New York City time) on any given day) business day after the date hereof (unless postponed in accordance with the provisions of this Agreement Section 9 hereof), or such other time not later than ten business days after such date as shall be agreed upon by the Representative and the Company (such time and date of payment and delivery being herein called the "Closing Date"“First Time of Delivery”). The place of closing for the Firm Shares and the Closing Date First Time of Delivery may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Time of Delivery as originally scheduled include any reasonable determination by the Company or the Representative to recirculate or otherwise make available to the public an amended or supplemented General Disclosure Package or Prospectus. In addition, in the event that any or all of the Optional Shares are purchased by the Underwriters, delivery to the Underwriters of of, and payment for any Additional of the purchase price for, such Optional Shares to be purchased by the Underwriters shall be made at the above mentioned offices of Raymond James & AssociatesSidley Austin LLP, Inc.or at such other place as shall be agreed upon by the Representative and the Company, 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on each Additional Time of Delivery (as defined below) as specified in the "Additional Closing Date") notice from the Representative to the Company (which may be the same as the Closing DateFirst Time of Delivery, but shall in no event be earlier than the Closing Date First Time of Delivery nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters Representative to the Company, of the Underwriters' determination to purchase purchase, severally and not jointly, a number, specified in such notice, of Additional Optional Shares. Such Each such notice may be given at any time within 30 days after the date hereof and must set forth (i) the aggregate number of Optional Shares as to which the ProspectusUnderwriters are exercising the option and (ii) the names and denominations for the certificate for which the Optional Shares are to be registered. The place of closing for the Additional Optional Shares and the any Additional Closing Date Time of Delivery may be varied by agreement between you the Representative and the Company. Certificates Each such time and date for delivery of the Firm Optional Shares and for any is herein called an “Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.Time of Delivery,” and, St. Petersburgtogether with the First Time of Delivery, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. is herein called a “Time of Delivery.” The certificates evidencing the Firm Shares and any Additional Optional Shares to be purchased hereunder shall be delivered to you the Representative for the respective accounts of the Underwriters for the Shares to be purchased by them on the Closing Date First Time of Delivery or the any Additional Closing DateTime of Delivery, as the case may be, against payment of the applicable purchase price therefore therefor by wire transfer of immediately available funds to an account one or more accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date First Time of Delivery or the Additional Closing DateTime of Delivery, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct. It is understood that the Representatives have Representative has been authorizedauthorized by each Underwriter, for their own account and the respective accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the applicable purchase price per Share for for, the Firm Shares and the Additional Optional Shares, if any, that the Underwriters Underwriters, acting severally and not jointly, have agreed to purchase. Raymond James and Associates, Inc.Credit Suisse Securities (USA) LLC, individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, may (but shall not be obligated to, ) make payment of the purchase price for any the Firm Shares or the Optional Shares, if any, to be purchased by any Underwriter whose funds shall have not have been received by the Representatives by the Closing Date First Time of Delivery or the any Additional Closing DateTime of Delivery, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementhereunder.

Appears in 1 contract

Samples: Underwriting Agreement (New York Community Bancorp Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor for the Shares shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon September 9, xxxx xxxxxxxx xxxx xxxxx 2019, or at such time on such later date not more than three (3) Business Days after the foregoing date of this Agreement (as the "Closing Date"). The place of closing for the Firm Shares Representatives shall designate, which date and the Closing Date time may be varied postponed by mutual written agreement between of the Representatives and the Company. Delivery to the Underwriters Company (such date and time of delivery and payment for the Shares being herein called the “Closing Date”) or on the applicable Option Closing Date (or at such other time on the same or on such other date, in any Additional Shares to be purchased by event not later than the third Business Day thereafter, as the Underwriters and the Company may agree in writing). Delivery of the Shares shall be made against payment by the Representatives 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. The Shares will be delivered to the Representatives for the respective accounts of the several Underwriters through the facilities of The Depository Trust Company (“DTC”) and will be made available for inspection by the Representatives at the offices of Raymond James & AssociatesPillsbury Xxxxxxxx Xxxx Xxxxxxx LLP, Inc.New York, 880 Carillon ParkwayNew York, St. Petersburgnot later than 1:00 p.m., Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx (New York time on the "Additional Closing Date") (which may be the same as Business Day before the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional applicable Option Closing Date, as the case may be, or such other date, time and place as the Representatives and the Company may agree. Such The certificates evidencing the Shares to be purchased hereunder, if Shares are issued in certificated form, shall be made available to you to, or at the direction of, the Representatives in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida New York City time, on the business day immediately Business Day next preceding the Closing Date or the Additional any Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder hereunder, if Shares are issued in certificated form, shall be delivered to you to, or at the direction of, the Representatives on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close order of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (National Retail Properties, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesLockx Xxxxxxx Xxxn Harrxxx (X Professional Corporation), Inc.2200 Xxxx Xxxxxx, 880 Carillon ParkwaySuite 2200, St. PetersburgDallas, Xxxxxdx xx Texas 75201, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon [______________], xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1998 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company and the CompanySelling Shareholder. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, Lockx Xxxxxxx Xxxn Harrxxx xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten five business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company and the Selling Shareholder of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at ; provided that any time within 30 days after Option Closing Date not occurring on the date of Closing Date shall occur no earlier than the Prospectusthird business day following the Closing Date, unless otherwise agreed by the parties hereto. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you among you, the Company and the CompanySelling Shareholder. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt New York City for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Hastings Entertainment Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx 10:00 a.m.Xxx Xxxx 00000, St. PeterxxxxxNew York City time, Xxxxxxx xxxxon _________, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company and the CompanySelling Stockholders. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company and the Selling Stockholders of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you among you, the Company and the CompanySelling Stockholders. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Travelers Property Casualty Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Rxxxxxx Jxxxx & Associates, Inc., 880 Carillon Parkway800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on November 25, 2013, or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on December 10, 2013, as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Rxxxxxx Jxxxx & Associates, Inc., 880 Carillon Parkway800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered made to you the Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. The Company shall deliver the Firm Shares and any Additional Shares through the facilities of the Depository Trust Company unless the Representative shall otherwise instruct. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Federated National Holding Co)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters Underwriter of and payment for the Firm Shares and payment therefor the Option Shares (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third business day prior to the Closing Date) shall be made at the offices office of Raymond James & Associates, Xxxxxxx Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx XX 00000, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon February 28, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 2002 (the "Closing Date"). If the option provided for in Section 2(b) hereof is exercised after the third business day prior to the Closing Date, the Company will deliver the Option Shares to the Underwriter, at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, xx the date specified by the Underwriter (which shall be within three business days after exercise of said option) for the accounts of the Underwriter, against payment by the Underwriter 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. If settlement for the Option Shares occurs after the Closing Date (the "Settlement Date"), the Company will deliver to the Underwriter on the Settlement Date for the Option Shares, and the obligation of the Underwriter to purchase the Option Shares shall be conditioned upon 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 8 hereof. The place of closing for the Firm Shares and or the Option Shares and the Closing Date may be varied by agreement between the Representatives and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the Additional Shares and the Additional Closing or Settlement Date may be varied by agreement between you and the Company. Certificates for The parties acknowledge and agree that the Firm Shares and for any Additional shall be maintained in book-entry-only form. The Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.P.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Macerich Co)

Delivery of the Shares and Payment Therefor. (a) Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Ropes & AssociatesGxxx LLP, Inc.Oxx Xxxxxxxxxxxxx Xxxxx, 880 Carillon ParkwayXxxxxx, St. Petersburg, Xxxxxdx xx Xxxxxxxxxxxxx at 10:00 a.m., St. PeterxxxxxBoston, Xxxxxxx xxxxMassachusetts time, xxxx xxxxxxxx xxxx xxxxx on July 26, 2006, or such other place, time and date not later than 1:30 p.m., Boston, Massachusetts time, on July 26, 2006 as the Representatives shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. (b) Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Ropes & AssociatesGxxx LLP, Inc.Oxx Xxxxxxxxxxxxx Xxxxx, 880 Carillon ParkwayXxxxxx, St. Petersburg, Xxxxxdx, xx Xxxxxxxxxxxxx at 10:00 a.m., St. PetexxxxxxBoston, Xxxxxxx xxxxMassachusetts time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the CompanyCompany and the Selling Stockholders, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. . (c) Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. PetersburgBoston, Florida Massachusetts time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. PetersburgBoston, Florida Massachusetts for inspection and packaging not later than 9:30 a.m., St. PetersburgBoston, Florida Massachusetts time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the CompanyCompany and the Selling Stockholders. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. Payment for the Shares sold by the Selling Stockholders hereunder shall be delivered by the Representatives to the Selling Stockholders. (d) It is understood that the Representatives have has been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Rxxxxxx Jxxxx and Associates, Inc.Inc. and UBS Securities LLC, individually and not as Representaxxxxx xf xxx Representatives of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. (e) The Selling Stockholders hereby agree that they will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares to be sold by the Selling Stockholders to the Underwriters, or otherwise in connection with the performance of the Selling Stockholders’ obligations hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Atlantic Tele Network Inc /De)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James King & AssociatesSpalding LLP, Inc.0000 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXX, St. PetersburgXxxxxxx, Xxxxxdx xx Xxxxxxx 00000 at 10:00 a.m., St. PeterxxxxxAtlanta, Xxxxxxx xxxxGeorgia time, xxxx xxxxxxxx xxxx xxxxx on [ ], or such other place, time and date not later than 1:30 p.m., Atlanta, Georgia time, on the fifth business day thereafter as the Representatives and the Company may agree in writing (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James King & AssociatesSpalding LLP, Inc.0000 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXX, St. PetersburgXxxxxxx, XxxxxdxXxxxxxx 00000, xx at 10:00 a.m., St. PetexxxxxxAtlanta, Xxxxxxx xxxxGeorgia time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on made through the Closing Date or the Additional Closing Date, as the case may be, facilities of The Depositary Trust Company against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price Purchase Price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Each of Xxxxxxx Xxxxx, Baird and Associates, Inc.Stifel, individually and not as Representaxxxxx xf xxx the Representatives of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (CatchMark Timber Trust, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesSmitx Xxxxxx Xxx., Inc.388 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXX 00000, Xxxxxdx xx 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon __________, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company and the CompanyAttorneys-in-Fact. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Smitx Xxxxxx Xxx. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Strayer Education Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Vedder, Price, Kaufman & AssociatesKammholz, Inc.P.C., 880 Carillon Parkway222 North LaSalle Street, St. PetersburgChicago, Xxxxxdx Illinois, xx 10:00 00:00 a.m., St. PeterxxxxxChicago, Xxxxxxx Ixxxxxxx xxxx, xxxx xxxxxxxx xx [_________], xx xxxx xxxxx place, time and date as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Vedder, Price, Kaufman & AssociatesKammholz, Inc.P.C., 880 Carillon Parkway222 North LaSalle Street, St. PetersburgChicago, XxxxxdxIllinois, xx 10:00 00:00 a.m., St. PetexxxxxxChicago, Xxxxxxx Ixxxxxxx xxxx,, xx xxxx xxxx xx xxxxx (the xxx "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. PetersburgChicago, Florida Illinois time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. PetersburgChicago, Florida Illinois for inspection and packaging not later than 9:30 8:30 a.m., St. PetersburgChicago, Florida Illinois time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore to the Company by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, writing by the Company. Payment for the Shares sold by The Representative has advised the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and & Associates, Inc., individually and not as Representaxxxxx xf xxx UnderwritersRepresentatixx xx xhx Xxxerwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Mercantile Bank Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Rxxxxxx Jxxxx & Associates, Inc., 880 Carillon Parkway800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on [___], or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on [___] as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Rxxxxxx Jxxxx & Associates, Inc., 880 Carillon Parkway800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts account of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Dawson Geophysical Co)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Oxxxxxxxxxx & Associates, Co. Inc., 880 Carillon Parkway80 Xxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx Xxx Xxxx 00000 at 10:00 a.m., St. PeterxxxxxNew York time, Xxxxxxx xxxxon [_________], xxxx xxxxxxxx xxxx xxxxx 2017, or such other place, time and date not later than 1:30 p.m., New York time, on [__________], 2017, as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Oxxxxxxxxxx & Associates, Co. Inc., 880 Carillon Parkway80 Xxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx, xx Xxx Xxxx 00000 at 10:00 a.m., St. PetexxxxxxNew York time, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth the aggregate number of Additional Shares as to which the Underwriters are exercising the option. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price per Share therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Representative shall otherwise instruct. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., Oxxxxxxxxxx & Co. Inc. individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Avenue Therapeutics, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxxxx & AssociatesXxxxxxxx LLP, Inc.counsel to Iridium, 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx 10:00 a.m.Xxx Xxxx immediately following the closing of the Acquisition, St. Peterxxxxxon September 29, Xxxxxxx xxxx2009, xxxx xxxxxxxx xxxx xxxxx or such other place, time and date not later than 1:30 p.m., New York, New York time, on October 5, 2009 as the parties shall agree (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Pre-Pricing Prospectus or Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxxxx & AssociatesXxxxxxxx LLP, Inc.counsel to Iridium, 880 Carillon Parkwayat 000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx, xx Xxx Xxxx at 10:00 a.m., St. PetexxxxxxNew York time, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "each an “Additional Closing Date") (which may be the same as the Closing Date, in which case delivery and payment shall be made immediately following the closing of the Acquisition, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten 10 business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 40 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered; provided, that if such date falls on a day that is not a business day, the option to purchase Additional Shares will expire on the next succeeding business day. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the any Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriters shall otherwise instruct. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives it by the Closing Date or the any Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Iridium Communications Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor for the Shares shall be made at the offices office of Raymond James Xxxxxx & AssociatesXxxxxxx, Inc.000 Xxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXxx Xxxx 00000 at 10:00 A.M., Xxxxxdx xx 10:00 a.m.New York City time, St. Peterxxxxxon April 30, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1999 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Underwriters and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James Xxxxxx & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten five business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives Representative on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you the Representative on behalf of the Underwriters and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you the Representative on behalf of the Underwriters shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you the Underwriters in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you the Underwriters on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Adelphia Communications Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. Peterxxxxx, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Raymxxx Xxxex & AssociatesXssociates, Inc., 880 Carillon ParkwayXxxxxxxx Xxxxxxx, St. PetersburgXx. Xxxxxxxxxx, XxxxxdxXxxxxxx, xx 10:00 a.m., St. PetexxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xx xxxx xxxx xx xxxxx on such date (the "Additional Closing Date") (which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) ), as shall be specified in a written noticenotice from you, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given to the Company by you at any time within 30 days after the date of upon which the ProspectusRegistration Statement is declared effective by the Commission. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.p.m, St. Petersburg, Florida time, not later than on the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available same day funds to an account specified in writing, not later than the close order of business on the business day next preceding Company and to the Closing Date or the Additional Closing Date, Company as the case may be, by the Company. Payment custodian for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorizedSelling Shareholders, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementrespectively.

Appears in 1 contract

Samples: Underwriting Agreement (Schlotzskys Inc)

Delivery of the Shares and Payment Therefor. Delivery to The closing for the Underwriters purchase of the Firm Shares and payment therefor shall be made at the offices of Raymond James & Associatesthe Underwriter at the address stated above at 10:00 a.m. EDT, Inc.on June 11, 880 Carillon Parkway2018, St. Petersburgor such other place, Xxxxxdx xx 10:00 a.m., St. Peterxxxxx, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx time and date as the Underwriter and the Company may agree (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you Underwriter and the Company. Certificates or book entries for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you the Underwriter shall request prior to 1:00 p.m., St. Petersburg, Florida time9:30 am EDT, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates certificates, if any, shall be made available to you the Underwriter in St. Petersburg, Florida at the address stated above for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, a.m. EDT on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates or book entries evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you the Underwriter on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date Date, by the Company or the Additional Closing DateSelling Stockholders, as the case may be, by the Company. Payment for the Firm Primary Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Underwriter to the Company. It is understood that The Company shall deliver the Representatives have been authorized, for their own account and Firm Primary Shares through the accounts facilities of The Depository Trust Company (“DTC”) unless the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share Underwriter shall otherwise instruct. Payment for the Firm Secondary Shares sold by the Selling Stockholders hereunder shall be delivered by the Underwriter to the Custodian (as defined herein). Each Selling Stockholder hereby agrees that (i) he will pay all stock transfer taxes, stamp duties and the Additional Sharesother similar taxes, if any, that payable upon the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any sale or delivery of the Firm Secondary Shares to be purchased sold by such Selling Stockholder to the Underwriter, or otherwise in connection with the performance of such Selling Stockholder’s obligations hereunder and (ii) the Custodian is authorized to deduct for such payment any Underwriter whose funds shall not have been received by such amounts from the Representatives by the Closing Date or the Additional Closing Date, as the case may be, proceeds to such Selling Stockholder hereunder and to hold such amounts for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations Selling Stockholder with the Custodian under this Agreementthe Custody Agreement (as defined herein).

Appears in 1 contract

Samples: Underwriting Agreement (Carolina Financial Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesSmitx Xxxxxx Xxx., Inc.388 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXxx Xxxx 00000, Xxxxxdx xx 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon [______________], xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1998 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company and the CompanyAttorneys-in-Fact. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Smitx Xxxxxx Xxx. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company and the Attorneys-in-Fact of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you among you, the Company and the CompanyAttorneys-in-Fact. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Hastings Entertainment Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx XX 00000, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon February [ ], xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1996 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.P.M., St. Petersburg, Florida New York City time, not later than on the second full third business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available certified or official bank check or checks payable in New York Clearing House (next day) funds to an account specified in writing, not later than the close order of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Interco Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesSkadden, Inc.Arps, 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. PeterxxxxxSlate, Xxxxxxx xxxx& Xxxx LLP, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxx, Xxxxxxxxxx 00000-0000, at 10:00 A.M., New York City time, on March 14, 2013 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & AssociatesSkadden, Inc.Arps, 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. PetexxxxxxSlate, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx & Xxxx LLP at such time on such date (the "Additional “Option Closing Date") (”), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.P.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately preceding the Closing Date or the Additional any Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close order of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Ps Business Parks Inc/Ca)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx XX 00000, at 10:00 a.m., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon March __, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 a.m., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this AgreementAttorneys-in-Fact.

Appears in 1 contract

Samples: Underwriting Agreement (Digital Microwave Corp /De/)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxxx & AssociatesXxxxxxxx, Inc.LLP, 880 Carillon Parkway0000 Xxxxxx xx xxx Xxxxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx XX 00000 at 10:00 a.m., St. PeterxxxxxNew York time, Xxxxxxx xxxxon November , xxxx xxxxxxxx xxxx xxxxx 2006, or such other time not later than 10 business days after such date as shall be agreed upon by the Representative and the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxxx & AssociatesXxxxxxxx LLP, Inc.0000 Xxxxxx xx xxx Xxxxxxxx, 880 Carillon ParkwayXxx Xxxx, St. Petersburg, Xxxxxdx, xx XX 00000 at 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx a.m. New York time on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida New York time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida New York time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Amedisys Inc)

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Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James & AssociatesXxxxxxx Xxxxx LLP, Inc.000 Xxxxxx, 880 Carillon ParkwaySuite 4200, St. PetersburgHouston, Xxxxxdx xx 10:00 Texas at 9:00 a.m., St. PeterxxxxxHouston, Xxxxxxx xxxxTexas time, xxxx xxxxxxxx xxxx xxxxx on [•], 2011, or such other place, time and date not later than 12:30 p.m., Houston, Texas time, on [•], 2011 as the Representatives shall designate by notice to the Company and the Selling Stockholders (the time and date of this Agreement (such closing are referred to as the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among the Representatives Representatives, the Company and the CompanySelling Stockholders. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Raymond James & AssociatesXxxxxxx Xxxxx LLP, Inc.000 Xxxxxx, 880 Carillon ParkwaySuite 4200, St. PetersburgHouston, Xxxxxdx, xx 10:00 Texas at 9:00 a.m., St. PetexxxxxxHouston, Xxxxxxx xxxxTexas time, xx xxxx xxxx xx xxxxx on such date or dates (the "each, an “Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written noticenotice or notices, from the Representatives on behalf of the Underwriters to the CompanyCompany and the Selling Stockholders, of the Underwriters' determination to purchase a number, specified in such noticenotice or notices, of Additional Shares. Such notice or notices may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the Additional Shares are to be registered. The place of closing for the Additional Shares and the any Additional Closing Date may be varied by agreement between you among you, the Company and the CompanySelling Stockholders. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on made through the Closing Date or the Additional Closing Date, as the case may be, facilities of The Depository Trust Company against payment of the purchase price therefore therefor by the Underwriters by Federal wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the CompanyCompany and the Selling Stockholders. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. Payment for the Shares sold by the Selling Stockholders hereunder shall be delivered by the Representatives to the Selling Stockholders. It is understood that the Representatives have been authorized, for their own account accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Subject to Section 13 hereof, Xxxxxxx Xxxxx and Associates, Inc. or Xxxxxxxxx & Company, Inc., individually and not as Representaxxxxx xf xxx a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter; provided, but any such payment however, that this sentence shall not relieve such Underwriter from any of its obligations under this Agreement. Each Selling Stockholder hereby agrees that it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares to be sold by such Selling Stockholder to the several Underwriters, or otherwise in connection with the performance of such Selling Stockholder’s obligations hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Great White Energy Services, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx X.X. 00000, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon January , xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1998 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on or before the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own 's account and the accounts of the several Underwriters, specified in writing to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received you by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this AgreementCompany.

Appears in 1 contract

Samples: Underwriting Agreement (Engle Homes Inc /Fl)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters Managers of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx X.X. 00000, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon , xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company and the CompanyAttorneys-in-Fact. Delivery to the Underwriters Managers of and payment for any Additional Shares to be purchased by the Underwriters Managers shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters Managers to the Company, Company and the Attorneys-in-Fact of the UnderwritersManagers' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date Date, if any, for such Shares may be varied by agreement between you among you, the Company and the CompanyAttorneys-in-Fact. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice, it being understood that a facsimile transmission shall be deemed written notice, prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates and stock powers evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: International Underwriting Agreement (Telegroup Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James & AssociatesHunton Xxxxxxx Xxxxx LLP, Inc.000 Xxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. Petersburg, Xxxxxdx xx Xxx Xxxx at 10:00 a.m., St. PeterxxxxxNew York, Xxxxxxx xxxxNew York time, xxxx xxxxxxxx xxxx xxxxx on [●], 2019, or such other time and date not later than 1:30 p.m., New York, New York time, on the second business day thereafter as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 13 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & AssociatesHunton Xxxxxxx Xxxxx LLP, Inc.000 Xxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXxx Xxxx, Xxxxxdx, xx at 10:00 a.m., St. PetexxxxxxNew York, Xxxxxxx xxxxNew York time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Representative and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on made through the Closing Date or the Additional Closing Date, as the case may be, facilities of The Depository Trust Company against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and for the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price Purchase Price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representaxxxxx xf xxx the representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Alpine Income Property Trust, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. Peterxxxxx, Xxxxxxx xxxx, xx [_________],xx xxxx xxxxxxxx xxxx xxxxx xther place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on [__________] as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten seven business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. In the alternative, delivery of the Firm Shares and the Additional Shares may be made through the "full fast" system of the Depository Trust Company, in each case pursuant to the schedule set forth above. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf Representaxxxx xx xxx UnderwritersXnderwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Pinnacle Financial Partners Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Rxxxxxx Jxxxx & Associates, Inc., 880 Carillon Parkway800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, St. Peterxxxxxon November 4, Xxxxxxx xxxx2003, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. Delivery The Company and Bxxxxxx hereby acknowledge that circumstances under which the Representative may provide notice to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than postpone the Closing Date nor earlier than three nor later than ten business days after as originally scheduled include any determination by the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters Representative to recirculate to the Company, public copies of an amended or supplemented Prospectus or a delay as contemplated by the Underwriters' determination to purchase a number, specified in such notice, provisions of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the CompanySection 11 hereof. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account the accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the CompanySelling Stockholder. Payment for the Shares shares sold by the Company Selling Stockholder hereunder shall be delivered by the Representatives via wire transfer Representative to the CompanyCustodian (as defined herein). It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. The Selling Stockholder hereby agrees that (i) he will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares to be sold by the Selling Stockholder to the several Underwriters, or otherwise in connection with the performance of the Selling Stockholder’s obligations hereunder and (ii) the Custodian is authorized to deduct for such payment any such amounts from the proceeds to the Selling Stockholder hereunder and to hold such amounts for the account of the Selling Stockholder with the Custodian under the Custody Agreement (as defined herein).

Appears in 1 contract

Samples: Underwriting Agreement (Marinemax Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesSmitx Xxxxxx Xxx., Inc.388 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXX 00000, Xxxxxdx xx 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon November __, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1996 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company and the CompanyAttorneys-in-Fact. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Smitx Xxxxxx Xxx. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten five business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the CompanyCompany and the Attorneys-in-Fact, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you among you, the Company and the CompanyAttorneys-in-Fact. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida New York City time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.the

Appears in 1 contract

Samples: Underwriting Agreement (Lamar Advertising Co)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James O'Melveny & AssociatesMyerx, Inc.000 Xxxxxxx Xxxxxx Xxxxx, 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. PeterxxxxxXxxxx 0000, Xxxxxxx xxxxXxxxx, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement XX 00000, xx 7:00 A.M., local time, on January ___, 1996 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives among you, and the CompanyCompany and the Attorneys-in-Fact. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James O'Melveny & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, Myerx xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Attorneys-in- Fact (with a copy to the Company, ) of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you among you, the Company and the CompanyAttorneys-in-Fact. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.P.M., St. Petersburg, Florida New York City time, not later than on the second full third business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.price

Appears in 1 contract

Samples: Underwriting Agreement (Apollo Group Inc)

Delivery of the Shares and Payment Therefor. Delivery to the U.S. Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxx 00xx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx XX 00000, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon __________, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives among you and the Company. Delivery to the U.S. Underwriters of and payment for any Additional Shares to be purchased by the U.S. Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the U.S. Underwriters to the Company, Company of the U.S. Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice, it being understood that a facsimile transmission shall be deemed written notice, prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available certified or official bank checks payable in New York Clearing House (next day) funds to an account specified in writing, not later than the close order of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: u.s. Underwriting Agreement (Qad Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters Underwriter of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Inc.Xxx., 880 Carillon 800 Xxrillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. PeterxxxxxPxxxxxxxxx, Xxxxxxx xxxx00000 xx 00:00 X.X., xxxx xxxxxxxx xxxx xxxxx the date of this Agreement Xxx Xxxx Xxty time, on December ___, 1996 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters Underwriter of and payment for any Additional Shares to be purchased by the Underwriters Underwriter shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx Xxx. xt xxxx xxxx xx xxxxx time and on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters Underwriter to the Company, Company of the Underwriters' Underwriter's determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Walden Residential Properties Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James King & AssociatesSpalding LLP, Inc.000 Xxxxxxxxx Xxxxxx, 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. PeterxxxxxXxxxxxx, Xxxxxxx xxxx00000, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement at 10:00 A.M., New York City time, on August 11, 2003 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Underwriters and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices office of Raymond James King & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Spalding LLP mentioned above at such time and on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you the Underwriters and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you the Underwriters shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you the Underwriters in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you the Underwriters on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Equity Inns Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor for the Shares shall be made at the offices of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon October 1, xxxx xxxxxxxx xxxx xxxxx 2008, or at such time on such later date not more than three (3) Business Days after the foregoing date of this Agreement (as the "Closing Date"). The place of closing for the Firm Shares Representatives shall designate, which date and the Closing Date time may be varied postponed by mutual written agreement between of the Representatives and the Company. Delivery to the Underwriters Company (such date and time of delivery and payment for the Shares being herein called the “Closing Date”) or on the applicable Option Closing Date (or at such other time on the same or on such other date, in any Additional Shares to be purchased by event not later than the third Business Day thereafter, as the Underwriters and the Company may agree in writing). Delivery of the Shares shall be made against payment by the Representatives 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. The Shares will be delivered to the Representatives for the respective accounts of the several Underwriters through the facilities of The Depository Trust Company (“DTC”) and will be made available for inspection by the Representatives at the offices of Raymond James & AssociatesPillsbury Xxxxxxxx Xxxx Xxxxxxx LLP, Inc.New York, 880 Carillon ParkwayNew York, St. Petersburgnot later than 1:00 p.m., Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx (New York time on the "Additional Closing Date") (which may be the same as Business Day before the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional applicable Option Closing Date, as the case may be, or such other date, time and place as the Representatives and the Company may agree. Such The certificates evidencing the Shares to be purchased hereunder, if Shares are issued in certificated form, shall be made available to you to, or at the direction of, the Representatives in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida New York City time, on the business day immediately Business Day next preceding the Closing Date or the Additional any Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder hereunder, if Shares are issued in certificated form, shall be delivered to you to, or at the direction of, the Representatives on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close order of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (National Retail Properties, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters Underwriter of the Firm Shares and payment therefor shall be made at the offices of Raymond James Rxxxxxx Jxxxx & Associates, Inc., 880 Carillon Parkway800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on [_________], or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on [__________] as the Underwriter shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Underwriter and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters Underwriter of and payment for any Additional Shares to be purchased by the Underwriters Underwriter shall be made at the offices of Raymond James Rxxxxxx Jxxxx & Associates, Inc., 880 Carillon Parkway800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf Underwriter to the Company of the Underwriters to the Company, of the Underwriters' Underwriter’s determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth the aggregate number of Additional Shares as to which the Underwriter is exercising the option. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Underwriter and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered made to you the Underwriter on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Underwriter to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for The Company shall deliver the Firm Shares and any Additional Shares through the Additional Shares, if any, that facilities of the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, Depository Trust Company (“DTC”) for the account of such Underwriter, but any such payment the Underwriter unless the Underwriter shall not relieve such Underwriter from any of its obligations under this Agreementotherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Guaranty Federal Bancshares Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, St. Peterxxxxxon April 24, Xxxxxxx xxxx2006, xxxx xxxxxxxx xxxx xxxxx or such other place, time and date as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company, the Selling Stockholders or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, which specification shall occur not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the CompanyCompany and the Selling Stockholders. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. Payment for the Shares sold by the Selling Stockholders hereunder shall be delivered by the Representative to the Custodian (as defined herein). It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. Each Selling Stockholder hereby agrees that (i) it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares to be sold by such Selling Stockholder to the several Underwriters, or otherwise in connection with the performance of such Selling Stockholder's obligations hereunder and (ii) the Custodian is authorized to deduct for such payment any such amounts from the proceeds to such Selling Stockholder hereunder and to hold such amounts for the account of such Selling Stockholder with the Custodian under the Custody Agreement (as defined herein).

Appears in 1 contract

Samples: Underwriting Agreement (Warrior Energy Services CORP)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx XX 00000, at 10:00 a.m., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon March __, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 a.m., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Digital Microwave Corp /De/)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James & AssociatesHunton Xxxxxxx Xxxxx LLP, Inc.000 Xxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. Petersburg, Xxxxxdx xx Xxx Xxxx at 10:00 a.m., St. PeterxxxxxNew York, Xxxxxxx xxxxNew York time, xxxx xxxxxxxx xxxx xxxxx on November 16, 2018, or such other place, time and date not later than 1:30 p.m., New York, New York time, on the third business day thereafter as the Representatives shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 13 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & AssociatesHunton Xxxxxxx Xxxxx LLP, Inc.000 Xxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXxx Xxxx, Xxxxxdx, xx at 10:00 a.m., St. PetexxxxxxNew York, Xxxxxxx xxxxNew York time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Representatives and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on made through the Closing Date or the Additional Closing Date, as the case may be, facilities of The Depository Trust Company against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and for the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price Purchase Price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Each of Xxxxxxx Xxxxx & Associates, Inc.Inc. and Xxxxxxxxx LLC, individually and not as Representaxxxxx xf xxx the representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (NexPoint Residential Trust, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters Underwriter of the Firm Shares and payment therefor shall be made at the offices of Raymond James Morgan Keegan & AssociatesCompany, Inc.One Buckhead Plaza, 880 Carillon Parkway3060 Peachtree Road, St. PetersburgN.W. Xxxxx 000, Xxxxxdx xx Atlanta, Georgia at 10:00 a.m.AM., St. PeterxxxxxAxxxxxx, Xxxxxxx xxxx, xx Xxxxxxx 00, 0000, xx xxxx xxxxxxxx xxxer place, time and date not later than 10:00 AM., Atlanta, Georgia time, on October 31, 2005, as Morgan Keegan shall designate by notice to the Company (the time and xxxx xxxxx the date of this Agreement (xx xxxx closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Morgan Keegan and the Company. The Company hereby acknowledges that cixxxxxxxxxxx under which Morgan Keegan may provide notice to postpone the Closing Date as orxxxxxxxx xxheduled include, without limitation, any determination by the Company or Morgan Keegan to recirculate to the public copies of an amended or xxxxxxxxxxxx Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters Underwriter of any Additional Shares and payment for any Additional Shares to be purchased by the Underwriters Underwriter shall be made at the offices of Raymond James Morgan Keegan & AssociatesCompany, Inc.One Buckhead Plaza, 880 Carillon Parkway3060 Peachtree Road, St. PetersburgX.X. Xxxxx 000, XxxxxdxAtlanta, xx Georgia, at 10:00 a.m.AM., St. PetexxxxxxXxxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx (the xxxx, xn "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from Morgan Keegan to the Representatives on behalf Company of the Underwriters to the Company, of the Underwriters' Underwriter's determination to purchase a numberpxxxxxxx x xxxber, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you Morgan Keegan and the Company. Certificates for the Firm Shares and for Shxxxx xxx xxx any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.P.M., St. PetersburgAtlanta, Florida Georgia time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. PetersburgAtlanta, Florida Georgia or such other location designated by Morgan Keegan for inspection and packaging not later than 9:30 a.m.AM., St. PetersburgAtxxxxx, Florida Xxxxxia time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you by the Company on the Closing Date or the Additional Closing Date, as the case may be, against payment by the Underwriter of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified by the Company in writing, writing not later than the close of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Underwriter to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by Company on the Closing Date or the and each Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Southcoast Financial Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on September 12, 2017, or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on September 12, 2017 as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. The Company shall deliver the Firm Shares and any Additional Shares through the facilities of The Depository Trust Company ("DTC") unless the Representative shall otherwise instruct. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (FS Bancorp, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters Underwriter of the Firm Shares and payment therefor shall be made at the offices of Raymond James Cravath, Swaine & AssociatesXxxxx LLP, Inc.000 Xxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. Petersburg, Xxxxxdx xx Xxx Xxxx 00000 at 10:00 a.m., St. PeterxxxxxNew York, Xxxxxxx xxxxNew York time, xxxx xxxxxxxx xxxx xxxxx on July 24, 2020, or such other place, time and date not later than 1:30 p.m., New York, New York time, on July 31, 2020 as the Underwriter shall designate by notice to the Company and the Selling Stockholder (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Underwriter, the Company and the Selling Stockholder. The Company and the Selling Stockholder hereby acknowledge that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company, the Selling Stockholder or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus. Delivery to the Underwriters Underwriter of and payment for any Additional Shares to be purchased by the Underwriters Underwriter shall be made at the offices of Raymond James Cravath, Swaine & AssociatesXxxxx LLP, Inc.000 Xxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. Petersburg, Xxxxxdx, xx Xxx Xxxx 00000 at 10:00 a.m., St. PetexxxxxxNew York, Xxxxxxx xxxxNew York time, xx xxxx xxxx xx xxxxx on such date or dates (the "each, an “Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three one nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a one or more written noticenotices, from the Representatives on behalf of the Underwriters Underwriter to the CompanyCompany and the Selling Stockholder, of the Underwriters' Underwriter’s determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time or from time to time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is exercising the option and the date on which such Additional Shares are to be purchased and (ii) the account(s) (together with the related account holder information) to which the Additional Shares are to be delivered. The [[5465431]] place of closing for the Additional Shares and the an Additional Closing Date may be varied by agreement between you you, the Company and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may beSelling Stockholder. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you in book entry form on the Closing Date or the applicable Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the applicable Additional Closing Date, as the case may be, by the CompanySelling Stockholder. Payment for the Shares sold by the Company Selling Stockholder hereunder shall be delivered by the Representatives via wire transfer Underwriter to the CompanySelling Stockholder. It is understood that the Representatives have been authorized, for their own account and the accounts Delivery of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and any Additional Shares shall be made through the Additional Shares, if any, that facilities of The Depository Trust Company to the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received account(s) specified by the Representatives by Underwriter not later than the close of business on the business day next preceding the Closing Date or the applicable Additional Closing Date, as the case may be, for unless the account of such Underwriter, but any such payment Underwriter and the Selling Stockholder shall not relieve such Underwriter from any of its obligations under this Agreementotherwise agree.

Appears in 1 contract

Samples: Underwriting Agreement (Gerdin Michael J)

Delivery of the Shares and Payment Therefor. Delivery to the ------------------------------------------- Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx Xxx Xxxx 00000, at 10:00 a.m., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon February , xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 a.m., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (American General Hospitality Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx XX 00000, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon , xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1998 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Horizon Offshore Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Raymxxx Xxxex & AssociatesXssociates, Inc., 880 Carillon ParkwayXxxxxxxx Xxxxxxx, St. PetersburgXx. Xxxxxxxxxx, Xxxxxdx Xxxxxxx, xx 10:00 a.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx [three] business days after the date of this Agreement hereof (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Raymxxx Xxxex & AssociatesXssociates, Inc., 880 Carillon ParkwayXxxxxxxx Xxxxxxx, St. PetersburgXx. Xxxxxxxxxx, XxxxxdxXxxxxxx, xx 10:00 a.m., St. PetexxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later latter than ten business days after the giving of the notice hereinafter referred to) ), as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given to the Company by you at any time within 30 days after the date of upon which the ProspectusRegistration Statement is declared effective by the Commission. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Company Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than on the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore Purchase Price therefor by wire transfer of immediately available funds to an account specified or certified or official bank check or checks payable in writing, not later than the close of business on the business same day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Skywest Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James & AssociatesHunton Xxxxxxx Xxxxx LLP, Inc.0000 Xxxxxxxxxxxx Xxxxxx, 880 Carillon ParkwayXX, St. PetersburgXxxxxxxxxx, Xxxxxdx xx XX 00000 at 10:00 a.m., St. PeterxxxxxNew York, Xxxxxxx xxxxNew York time, xxxx xxxxxxxx xxxx xxxxx on August 20, 2021, or such other place, time and date not later than 1:30 p.m., New York, New York time, on the second business day thereafter as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 13 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & AssociatesHunton Xxxxxxx Xxxxx LLP, Inc.0000 Xxxxxxxxxxxx Xxxxxx, 880 Carillon ParkwayXX, St. PetersburgXxxxxxxxxx, XxxxxdxXX 00000, xx at 10:00 a.m., St. PetexxxxxxNew York, Xxxxxxx xxxxNew York time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Representative and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on made through the Closing Date or the Additional Closing Date, as the case may be, facilities of The Depository Trust Company against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and for the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price Purchase Price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., The Representative individually and not as Representaxxxxx xf xxx the representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (NexPoint Real Estate Finance, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, on [_________], 2017, or such other place, time and date not later than 1:30 p.m., St. PeterxxxxxPetersburg, Xxxxxxx xxxxFlorida time, xxxx xxxxxxxx xxxx xxxxx on [__________], 2017, as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth the aggregate number of Additional Shares as to which the Underwriters are exercising the option. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price per Share therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Representative shall otherwise instruct. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Avenue Therapeutics, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the ------------------------------------------- Underwriters of and payment for the Firm Shares and payment therefor the Option Shares (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third business day prior to the Closing Date (as defined below)) shall be made at the offices office of Raymond James Xxxxxxx Xxxxxxx & AssociatesXxxxxxxx, Inc.000 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXX 00000, Xxxxxdx xx 10:00 a.m.or through the facilities of the Depository Trust Company or another mutually agreeable facility, St. Peterxxxxxat 9:30 A.M., Xxxxxxx xxxxNew York City time, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement on ________ __, 1999 (the "Closing Date"). The place of closing for the Firm Shares and the Option Shares and the Closing Date may be varied by agreement between the Representatives you and the CompanyTrust. Delivery to the Underwriters of and payment for any Additional Option Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James Xxxxxxx Xxxxxxx & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxxxxx at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Trust of the Underwriters' Underwriters= determination to purchase a number, specified in such notice, of Additional Option Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the Additional any Option Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the CompanyTrust. Certificates for the Firm Shares and for any Additional Option Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Option Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, through the facilities of The Depository Trust Company, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Blackrock New Jersey Strategic Municipal Trust)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, St. Peterxxxxxon September 19, Xxxxxxx xxxx2024, xxxx xxxxxxxx xxxx xxxxx or such other place, time and date not later than the fifth business day thereafter as the Representatives shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth the aggregate number of Additional Shares as to which the Underwriters are exercising the option. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Representatives and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you the Representatives on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Representatives shall otherwise instruct. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Casella Waste Systems Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters Underwriter of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James Latham & AssociatesWatkins, Inc.885 Third Avenue, 880 Carillon ParkwayNew York, St. PetersburgNew York 10022 at 10:00 X.X., Xxxxxdx xx 10:00 a.m., St. Peterxxxxx, Xxxxxxx Xxx Xxxk Xxxx xxxx, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement xx Xxxxxxx 00, 0000 (the xxx "Closing Xxxxxng Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Underwriter and the Company. Delivery to the Underwriters Underwriter of and payment for any Additional Shares to be purchased by the Underwriters Underwriter shall be made at the offices aforementioned office of Raymond James Latham & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Watkins at such time on such date (the "Additional Option Closing DateDatx") (which may be ), xhicx xxx xe the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten five business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives on behalf Underwriter to the Company of the Underwriters to the Company, of the Underwriters' Underwriter's determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you the Underwriter and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you the Underwriter shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you the Underwriter in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you the Underwriter on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Adelphia Communications Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James & AssociatesGxxxxxxxx Xxxxxxx, Inc.XXX, 880 Carillon Parkway000 Xxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx Xxx Xxxx at 10:00 a.m., St. PeterxxxxxNew York, Xxxxxxx xxxxNew York time, xxxx xxxxxxxx xxxx xxxxx on January 26, 2018, or such other place, time and date not later than 1:30 p.m., New York, New York time, on the fifth business day thereafter as the Representatives shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 13 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James & AssociatesGxxxxxxxx Txxxxxx, Inc.LLP, 880 Carillon Parkway200 Xxxx Xxxxxx, St. PetersburgXxx Xxxx, XxxxxdxXxx Xxxx, xx at 10:00 a.m., St. PetexxxxxxNew York, Xxxxxxx xxxxNew York time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Representatives and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on made through the Closing Date or the Additional Closing Date, as the case may be, facilities of The Depository Trust Company against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and for the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price Purchase Price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Each of Rxxxxxx Jxxxx & Associates, Inc.Inc. and Mxxxxx Sxxxxxx & Co. LLC, individually and not as Representaxxxxx xf xxx the representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Jernigan Capital, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James B. Xxxxx & AssociatesCo., Inc.LLC, 880 Carillon Parkway10000 Xxxxx Xxxxxx Xxxxxxxxx, St. PetersburgSuite 800, Xxxxxdx xx Los Angeles, California at 10:00 a.m., St. PeterxxxxxLos Angeles, Xxxxxxx xxxxCalifornia time, xxxx xxxxxxxx xxxx xxxxx on [ ], 2016, or such other place, time and date not later than 1:30 p.m., Los Angeles, California time, on [ ], 2016 as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Offering Circular or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James B. Xxxxx & AssociatesCo., Inc.LLC, 880 Carillon Parkway10000 Xxxxx Xxxxxx Xxxxxxxxx, St. PetersburgSuite 800, XxxxxdxLos Angeles, xx California, at 10:00 a.m., St. PetexxxxxxLos Angeles, Xxxxxxx xxxxCalifornia time, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusOffering Circular and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates, if any, for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered made to you the Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. The Company shall deliver the Firm Shares and any Additional Shares through the facilities of the Depository Trust Company unless the Representative shall otherwise instruct. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and AssociatesB. Xxxxx & Co., Inc.LLC, individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Homeunion Holdings, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices of Raymond James Simpxxx Xxxxxxx & AssociatesXartxxxx, Inc.005 Xxxxxxxxx Xxxxxx, 880 Carillon ParkwayXxx Xxxx, St. PetersburgXxx Xxxx 00000, Xxxxxdx xx 10:00 a.m.a.m. (New York City time) on February -, St. Peterxxxxx, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1999 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James Simpxxx Xxxxxxx & AssociatesXartxxxx xx such time on such dates (each, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx (the an "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date Dates for any such shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice prior to 1:00 p.m., St. Petersburg, Florida 9:30 a.m. (New York City time, not later than ) on the second full business day preceding the Closing Date or the Additional Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida a.m. (New York City time, ) on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Purchase Agreement (Gabelli Asset Management Inc)

Delivery of the Shares and Payment Therefor. (a) Delivery to the Underwriters of and payment to the Fund for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & AssociatesSkadden, Inc.Arps, 880 Carillon Parkway, St. Petersburg, Xxxxxdx xx 10:00 a.m., St. PeterxxxxxSlate, Xxxxxxx xxxx& Xxxx LLP, xxxx xxxxxxxx xxxx xxxxx Xxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, or through the date facilities of this Agreement the Depository Trust Company or at another mutually agreeable facility, at 9:30 A.M., New York City time, on [ ], 2004 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Fund. (b) Delivery to the Underwriters of of, and payment for to the Fund for, any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & AssociatesSkadden, Inc.Arps, 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. PetexxxxxxSlate, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx & Xxxx LLP or through the facilities of the Depository Trust Company or another mutually agreeable facility at such time on such date (the an "Additional Option Closing Date") (), which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten three business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Fund of the Underwriters' determination to purchase a number, specified in such said notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Additional Shares may be varied by agreement between you and the Company. Fund. (c) Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.P.M., St. Petersburg, Florida New York City time, not later than (i) in respect of the Firm Shares, on the second full business day preceding the Closing Date or and (ii) in respect of Additional Shares, on the day of the giving of the written notice in respect of such Additional Closing Date, as the case may beShares. Such certificates shall will be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.9:00 A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional any Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, through the facilities of the Depository Trust Company or another mutually agreeable facility against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts order of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this AgreementFund.

Appears in 1 contract

Samples: Underwriting Agreement (Salomon Brothers Inflation Management Fund Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx Xxx Xxxx 00000, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon , xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1996 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice, it being understood that a facsimile transmission shall be deemed written notice, prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Patient Infosystems Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxxx & AssociatesXxxxxxxx LLP, Inc.1290 Avenue of the Americas, 880 Carillon ParkwayNew York, St. Petersburg, Xxxxxdx xx New York at 10:00 a.m., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon April 30, xxxx xxxxxxxx xxxx xxxxx 2014, or such other place, time and date not later than 1:30 p.m., New York City time, on May 7, 2014 as the Representatives shall designate by notice to the Company (the time and date of this Agreement (such delivery and payment are called the "Closing Date"). The place of closing delivery and payment for the Firm Shares and the Closing Date may be varied by agreement between among the Representatives and the Company. The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus Supplement. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxxx & AssociatesXxxxxxxx LLP, Inc.1290 Avenue of the Americas, 880 Carillon ParkwayNew York, St. Petersburg, Xxxxxdx, xx New York at 10:00 a.m., St. PetexxxxxxNew York City time, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus Supplement and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you the Representatives and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have Xxxxxxx Xxxxx & Associates, Inc. has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have h ave agreed to purchase. Raymond James and Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representaxxxxx xf xxx a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Carrols Restaurant Group, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the U.S. Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxxxxxxx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx Xxx Xxxx 00000, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon October , xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the U.S. Underwriters of and payment for any Additional Shares to be purchased by the U.S. Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the U.S. Underwriters to the Company, Company of the U.S. Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice, it being understood that a facsimile transmission shall be deemed written notice, prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: u.s. Underwriting Agreement (Safeco Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Vedder, Price, Xxxxxxx & AssociatesKammholz, Inc.P.C., 880 Carillon Parkway000 Xxxxx XxXxxxx Xxxxxx, St. PetersburgXxxxxxx, Xxxxxdx xx 10:00 Xxxxxxxx at 9:00 a.m., St. PeterxxxxxChicago time, Xxxxxxx xxxxon , xxxx xxxxxxxx xxxx xxxxx 2005, or such other place, time and date as the Representatives shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives and the Company. The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Vedder, Price, Xxxxxxx & AssociatesKammholz, Inc.000 Xxxxx XxXxxxx Xxxxxx, 880 Carillon ParkwayXxxxxxx, St. PetersburgXxxxxxxx, Xxxxxdx, xx 10:00 at 9:00 a.m., St. PetexxxxxxChicago time, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida Chicago time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. PetersburgNew York, Florida New York for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida New York time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor to the Company by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, writing by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representaxxxxx xf xxx a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Cardinal Financial Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment to the Company therefor shall be made at the offices of Raymond James Xxxxxxxx & AssociatesXxxxxxxx LLP, Inc.0000 Xxxxxx xx xxx Xxxxxxxx, 880 Carillon ParkwayXxx Xxxx, St. Petersburg, Xxxxxdx xx Xxx Xxxx 00000 at 10:00 a.m., St. PeterxxxxxNew York City time on December , Xxxxxxx xxxx2003, xxxx xxxxxxxx xxxx xxxxx or such other place, time and date not later than 1:30 p.m., New York City time, on December , 2003 as the Representative shall designate by notice to the Company (the time and date of this Agreement (such closing are called the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives Representative and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriters of and payment to the Company for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxxx & AssociatesXxxxxxxx LLP, Inc.0000 Xxxxxx xx xxx Xxxxxxxx, 880 Carillon ParkwayXxx Xxxx, St. Petersburg, Xxxxxdx, xx Xxx Xxxx 00000 at 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx New York City time on the date specified in the notice described below or at such other time on the same or on such other date (the "Additional Closing Date") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Representatives Representative on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the ProspectusProspectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida New York City time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. PetersburgNew York, Florida New York for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida New York City time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer Representative to the Company. It is understood that the Representatives have Representative has been authorized, for their its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representaxxxxx xf xxx Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Bradley Pharmaceuticals Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James & Associates, Xxxxx Xxxxxx Inc., 880 Carillon Parkway000 Xxxx 00xx Xxxxxx, St. PetersburgXxx Xxxx, Xxxxxdx xx Xxx Xxxx 00000, at 10:00 a.m.A.M., St. PeterxxxxxNew York City time, Xxxxxxx xxxxon December __, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Xxxxx Xxxxxx Inc. at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request by written notice (it being understood that a facsimile transmission shall be deemed written notice) prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore therefor by wire transfer of immediately available funds to an account the accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, writing by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Cultural Access Worldwide Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of and payment for the Firm Shares and payment therefor shall be made at the offices office of Raymond James Wilsxx Xxxxxxx Xxxxxxxx & AssociatesXosaxx, Inc.x Professional Corporation, 880 Carillon Parkwaycounsel for the Company ("Company Counsel"), St. Petersburglocated at 650 Xxxx Xxxx Xxxx, Xxxxxdx Xxxx Xxxx, Xxxxxxxxxx 00000, xx 10:00 a.m.7:00 A.M., St. PeterxxxxxPacific time, Xxxxxxx xxxxon ______________, xxxx xxxxxxxx xxxx xxxxx the date of this Agreement 1997 (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among you, the Representatives Company and the CompanyAttorneys-in-Fact. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices aforementioned office of Raymond James & Associates, Inc., 880 Carillon Parkway, St. Petersburg, Xxxxxdx, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx Company Counsel at such time on such date (the "Additional Option Closing Date") (), which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) , as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, Company and the Attorneys-in-Fact of the Underwriters' determination to exercise the over-allotment options and purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus. The place of closing for the any Additional Shares and the Additional Option Closing Date for such Shares may be varied by agreement between you among you, the Company and the CompanyAttorneys-in-Fact. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m.9:30 A.M., St. Petersburg, Florida New York City time, not later than on the second full business day preceding the Closing Date or the Additional any Option Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida New York City for inspection and packaging not later than 9:30 a.m.A.M., St. Petersburg, Florida New York City time, on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Option Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of therefor in immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreementfunds.

Appears in 1 contract

Samples: Underwriting Agreement (Storage Dimensions Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriters of the Firm Shares and payment therefor shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Xxxxxdx xx 10:00 a.m.Florida time, St. Peterxxxxx, Xxxxxxx xxxx, xxxx xxxxxxxx xxxx xxxxx on the third business day after the date of this Agreement Agreement, or at such time on such other day, not later than seven full business days after such third business day, as shall be agreed upon in writing by the Company and the Representatives (the "Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Representatives you and the Company. Delivery to the Underwriters of and payment for any Additional Shares to be purchased by the Underwriters shall be made at the offices of Raymond James Xxxxxxx Xxxxx & Associates, Inc., 880 Carillon Parkway000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, XxxxxdxFlorida time, xx 10:00 a.m., St. Petexxxxxx, Xxxxxxx xxxx, xx xxxx xxxx xx xxxxx on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) ), as shall be specified in a written notice, notice from the Representatives you on behalf of the Underwriters to the Company, of the Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given to the Company by you at any time within 30 days after the date of upon which the ProspectusRegistration Statement is declared effective by the Commission. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefore by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives via wire transfer to the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Raymond James and Associates, Inc., individually and not as Representaxxxxx xf xxx Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Detection Systems Inc)

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