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

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter of the Shares and payment therefor shall be made at the offices of Xxxxxxxx & Xxxxxxxx LLP, 1290 Avenue of the Americas, New York, New York at 10:00 a.m., New York City time, on December 7, 2012, or such other place (including American Stock Transfer & Company LLC, 0000 00xx Xxxxxx, Xxxxxxxx, Xxx Xxxx), time and date not later than 1:30 p.m., New York City time, on December 18, 2012 as the Underwriter shall designate by notice to the Company and the Selling Stockholders (the time and date of such delivery and payment are called the “Closing Date”). The place of delivery and payment for the Shares and the Closing Date may be varied by agreement among the Underwriter, the Selling Stockholders and the Company. The Company and the Selling Stockholders 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 Stockholders or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus Supplement. The certificates evidencing the Shares to be purchased hereunder shall be delivered by the Selling Stockholders to you on the Closing Date against payment of the purchase price therefore by wire transfer of immediately available funds to the account or accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date by the Selling Stockholders. 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 Underwriter, or otherwise in connection with the performance of such Selling Stockholder's obligations hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Jefferies Capital Partners Iv Lp), Underwriting Agreement (Carrols Restaurant Group, Inc.)

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Delivery of the Shares and Payment Therefor. Delivery to the Underwriter of the Shares and payment therefor shall be made at the offices of the Underwriter, 000 Xxxxxxxx & Xxxxxxxx LLPXxxxxxx, 1290 Avenue of the AmericasXx. Xxxxxxxxxx, New York, New York Xxxxxxx at 10:00 a.m., New York City St. Petersburg, Florida time, on December 7August 24, 20122015, or such other place (including American Stock Transfer & Company LLC, 0000 00xx Xxxxxx, Xxxxxxxx, Xxx Xxxx)place, time and date not later than 1:30 p.m., New York City St. Petersburg, Florida time, on December 18August 24, 2012 2015 as the Underwriter shall designate by notice to the Company and the Selling Stockholders Stockholder (the time and date of such delivery and payment closing are called the “Closing Date”). The place of delivery and payment closing for the Shares and the Closing Date may be varied by agreement among between the Underwriter, the Selling Stockholders and the Company. The Company and the Selling Stockholders Stockholder. The Selling Stockholder hereby acknowledge acknowledges 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 Stockholders Stockholder or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus SupplementProspectus. The certificates evidencing the Shares to be purchased hereunder shall be delivered by to the Selling Stockholders to you Underwriter on the Closing Date against payment of the purchase price therefore therefor by wire transfer of immediately available funds to the account or accounts account(s) specified in writing, not later than the close of business on the business day next preceding the Closing Date by the Selling StockholdersStockholder. Each Delivery of the Shares shall be made through the facilities of The Depositary Trust Company (“DTC”) unless the Underwriter shall otherwise instruct. The 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 the Selling Stockholder to the Underwriter, or otherwise in connection with the performance of such the Selling Stockholder's ’s obligations hereunder. The Selling Stockholder has not solicited, nor is relying upon, the Underwriter’s advice regarding such taxes or similar fees.

Appears in 1 contract

Samples: Underwriting Agreement (ORBCOMM Inc.)

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Delivery of the Shares and Payment Therefor. Delivery to the Underwriter of the Shares and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx LLP, 1290 Avenue of the AmericasXxx Xxxxxxx Xxxxx, New YorkXxx Xxxx, New York at 10:00 a.m., New York City time, on December 7, 2012Xxx Xxxx 00000, or at such other place (including American Stock Transfer & Company LLCas shall be agreed upon by the Underwriter, 0000 00xx Xxxxxx, Xxxxxxxx, Xxx Xxxx), time and date not later than 1:30 p.m., New York City time, on December 18, 2012 as the Underwriter shall designate by notice to the Company and the Selling Stockholders Shareholder, at 9:00 A.M. (New York City time) on May 19, 2023, or such other time not later than ten business days after such date as shall be agreed upon by the Underwriter, the Company and the Selling Shareholder (such time and date of such payment and delivery and payment are being herein called the “Closing DateTime of Delivery”). The place of delivery and payment closing for the Shares and the Closing Date Time of Delivery may be varied by agreement among between the Underwriter, the Selling Stockholders Company and the CompanySelling Shareholder. The Company and the Selling Stockholders Shareholder hereby acknowledge that circumstances under which the Underwriter may provide notice to postpone the Closing Date Time of Delivery as originally scheduled include any reasonable determination by the Company, the Selling Stockholders Company or the Underwriter to recirculate or otherwise make available to the public copies of an amended or supplemented Prospectus SupplementGeneral Disclosure Package or Prospectus. The certificates evidencing the Shares to be purchased hereunder shall be delivered to the Underwriter for the Shares to be purchased by the Selling Stockholders to you it on the Closing Date Time of Delivery against payment of the applicable purchase price therefore therefor by wire transfer of immediately available funds to the account one or more accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date Time of Delivery by the Selling StockholdersShareholder. Each Payment for the Shares sold by the Selling Stockholder hereby agrees that it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon Shareholder hereunder shall be delivered by the sale or delivery Underwriter to the Selling Shareholder. Delivery of the Shares to shall be sold by such Selling Stockholder to made through the Underwriter, or facilities of The Depository Trust Company unless the Underwriter shall otherwise in connection with the performance of such Selling Stockholder's obligations hereunderinstruct.

Appears in 1 contract

Samples: Underwriting Agreement (New York Community Bancorp Inc)

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