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

Delivery of the Shares and Payment Therefor. (a) Delivery to the Underwriters of the Firm Shares shall be made against payment therefor at 9:00 a.m., Chicago, Illinois time, on the third full business day following the date of the Pricing Agreement (the "Closing Date") at the offices of Xxxx, Xxxx & Xxxxx, Chicago, Illinois. The place of the closing and the Closing Date may be varied by agreement among the Representatives and the Company. (b) Delivery to the Underwriters of any Additional Shares to be purchased by the several Underwriters shall be made in Chicago, Illinois against payment therefor at the offices of Vedder, Price, Xxxxxxx & Kammholz, Chicago, Illinois, at such time on such date (the "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 written notice from the Representatives to the Company and the Agents of the determination to purchase a number, specified in said notice, of Additional Shares. Said notice may be given at any time, but only one time, within 30 days after the date of the execution of the Pricing Agreement. The place of the closing and the Option Closing Date may be varied by agreement among the Representatives and the Company. (c) If the Representatives and the Company 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 and the Company. The public offering price per Share of the Shares shall be a fixed price to be determined by agreement among the Representatives, 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 and the Representatives and except as otherwise provided in Section 5 hereof. If the Representatives and the Company have elected to enter into the Pricing Agreement prior to the Registration Statement becoming effective, the initial 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 the Additional Shares shall be registered in such names and in such denominations as the Representatives shall request upon at least 48 hours prior notice to the Company and the Custodian preceding the Closing Date or the Option Closing Date, as the case may be. Such certificates shall be made available to the Representatives at the office of The Depository Trust Company, New York, New York, for inspection and packaging not later than at least 24 hours prior to the Closing Date or the Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and the Additional Shares shall be delivered to the Representatives on the Closing Date or the Option Closing Date, as the case may be, with any transfer taxes thereon duly paid by the Company for the respective accounts of the several Underwriters, against payment of the purchase price therefor by wire or other immediately available funds. It is understood by the Company that each of the Underwriters has authorized the Representatives, for its account, to accept delivery of, receipt for and make payment of the purchase price for, the Shares it has agreed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Lindberg Corp /De/)

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Delivery of the Shares and Payment Therefor. (a) Delivery to the Underwriters of the Firm Shares shall be made against payment therefor at 9:00 a.m., Chicago, Illinois time, on the third full business day following the date of the Pricing Agreement (the "Closing Date") at the offices of XxxxABN AMRO Incorporated, Xxxx & Xxxxx000 Xxxxx XxXxxxx Xxxxxx, ChicagoXxxxxxx, IllinoisXxxxxxxx 00000. The place of the closing and the Closing Date may be varied by agreement among the Representatives and the Company. (b) Delivery to the Underwriters of any Additional Shares to be purchased by the several Underwriters shall be made in Chicago, Illinois against payment therefor at the offices of VedderABN AMRO Incorporated, Price000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx & KammholzXxxxxxx, Chicago, IllinoisXxxxxxxx 00000, at such time on such date (the "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 written notice from the Representatives to the Company and the Agents of the determination to purchase a number, specified in said notice, of Additional Shares. Said notice may be given at any time, but only one time, time within 30 days after the date of the execution of the Pricing Agreement. The place of the closing and the Option Closing Date may be varied by agreement among the Representatives and the Company. (c) If the Representatives and the Company 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 initial public offering price, less an amount to be determined by agreement among between the Representatives and the Company. The initial public offering price per Share of the Shares shall be a fixed price to be determined by agreement among between the Representatives, Representatives and the Company. The initial 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 and the Representatives and except as otherwise provided in Section 5 hereof. If the Representatives and the Company have elected to enter into the Pricing Agreement prior to the Registration Statement becoming effective, the initial 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 the Additional Shares shall be registered in such names and in such denominations as the Representatives shall request upon at least 48 hours prior notice to the Company and the Custodian preceding the Closing Date or the Option Closing Date, as the case may be. Such certificates shall be made available to the Representatives at the office of The Depository Trust Company, New York, New York, for inspection and packaging not later than at least 24 hours prior to the Closing Date or the Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and the Additional Shares shall be delivered to the Representatives on the Closing Date or the Option Closing Date, as the case may be, with any transfer taxes thereon duly paid by the Company for the respective accounts of the several Underwriters, against payment of the purchase price therefor by wire or other immediately available funds. It is understood by the Company that each of the Underwriters has authorized the Representatives, for its account, to accept delivery of, receipt for and make payment of the purchase price for, the Shares it has agreed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Comtech Telecommunications Corp /De/)

Delivery of the Shares and Payment Therefor. (a) Delivery to the Underwriters Underwriter of the Firm Shares shall be made against payment therefor at 9:00 a.m., Chicago, Illinois time, on the third full business day following the date of the Pricing Agreement (the "Closing Date") at the offices of XxxxMcDexxxxx, Xxxx Xxll & XxxxxEmerx, ChicagoXxicago, Illinois. The place of the closing and the Closing Date may be varied by agreement among the Representatives Underwriter, the Company and the CompanySelling Stockholder. (b) Delivery to the Underwriters Underwriter of any Additional Shares to be purchased by the several Underwriters Underwriter shall be made in Chicago, Illinois against payment therefor at the offices of VedderMcDexxxxx, Price, Xxxxxxx Xxll & Kammholz, Chicago, Illinois, at Emerx xx such time on such date (the "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 written notice from the Representatives Underwriter to the Company and the Agents Selling Stockholder of the determination to purchase a number, specified in said notice, of Additional Shares. Said notice may be given at any time, but only one time, time within 30 days after the date of the execution of the Pricing Agreement. The place of the closing and the Option Closing Date may be varied by agreement among the Representatives Underwriter, the Company and the CompanySelling Stockholder. (c) If the Representatives Underwriter and the Company Selling Stockholder 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 Underwriter for the Shares shall be an amount equal to the public offering price, less an amount to be determined by agreement among between the Representatives Underwriter and the CompanySelling Stockholder. The public offering price per Share of the Shares shall be a fixed price to be determined by agreement among between the Representatives, Underwriter and the CompanySelling Stockholder. 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 Company, the Selling Stockholder and the Representatives Underwriter and except as otherwise provided in Section 5 hereof. If the Representatives Underwriter and the Company Selling Stockholder have elected to enter into the Pricing Agreement prior to the Registration Statement becoming effective, the initial public offering price and the Purchase Price per Share to be paid by the several Underwriters Underwriter 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.an (d) Certificates for the Firm Shares and for the Additional Shares shall be registered in such names and in such denominations as the Representatives Underwriter shall request upon at least 48 hours prior notice to the Company and the Custodian Selling Stockholder preceding the Closing Date or the Option Closing Date, as the case may be. Such certificates shall be made available to the Representatives Underwriter at the office of The Depository Trust Company, New York, New York, for inspection and packaging not later than at least 24 hours prior to the Closing Date or the Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and the Additional Shares shall be delivered to the Representatives Underwriter on the Closing Date or the Option Closing Date, as the case may be, with any transfer taxes thereon duly paid by the Company Selling Stockholder for the respective accounts account of the several UnderwritersUnderwriter, against payment of the purchase price therefor by wire or other immediately available funds. It is understood by the Company that each of the Underwriters has authorized the Representatives, for its account, to accept delivery of, receipt for and make payment of the purchase price for, the Shares it has agreed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Optek Technology Inc)

Delivery of the Shares and Payment Therefor. (a) Delivery to the Underwriters of the Firm Shares shall be made against payment therefor at 9:00 a.m., Chicago, Illinois time, on the third full business day following the date of the Pricing Agreement (the "Closing Date") at the offices of XxxxXxXxxxxxx, Xxxx Will & Xxxxx, Chicago000 Xxxx Xxxxxx Xxxxxx, IllinoisXxxxxxx, Xxxxxxxx. The place of the closing Closing and the Closing Date may be varied by agreement among the Representatives and the Company. (b) Delivery to the Underwriters of any Additional Shares to be purchased by the several Underwriters shall be made in Chicago, Illinois against payment therefor at the offices of VedderXxXxxxxxx, PriceWill & Xxxxx, Xxxxxxx & Kammholz000 Xxxx Xxxxxx Xxxxxx, ChicagoXxxxxxx, Illinois, Xxxxxxxx at such time on such date (the "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 written notice from the Representatives to the Company and the Agents of the determination to purchase a number, specified in said notice, of Additional Shares. Said notice may be given at any time, but only one time, time within 30 days after the date of the execution of the Pricing Agreement. The place of the closing Closing and the Option Closing Date may be varied by agreement among the Representatives and the Company. (c) If the Representatives Representatives, the Company and the Company 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 initial public offering price, less an amount to be determined by agreement among between the Representatives Representatives, the Selling Stockholders and the Company. The initial public offering price per Share of the Shares shall be a fixed price to be determined by agreement among between the Representatives, Representatives and the Company. The initial 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 Company, the Selling Stockholders and the Representatives and except as otherwise provided in Section 5 hereof. If the Representatives Representatives, the Company and the Company Selling Stockholders have elected to enter into the Pricing Agreement prior to the Registration Statement becoming effective, the initial 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 the Additional Shares shall be registered in such names and in such denominations as the Representatives shall request upon at least 48 hours prior notice to the Company Company, the Selling Stockholders and the Custodian preceding the Closing Date or the Option Closing Date, as the case may be. Such certificates shall be made available to the Representatives at the office of The Depository Trust Company, New York, New York, for inspection and packaging not later than at least 24 hours prior to the Closing Date or the Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and the Additional Shares shall be delivered to the Representatives on the Closing Date or the Option Closing Date, as the case may be, with any transfer taxes thereon duly paid by the Company or the Selling Stockholders, as the case may be, for the respective accounts of the several Underwriters, against payment of the purchase price therefor by wire or other immediately available funds by wire transfer in federal (same day) funds, subject to change by written agreement of the Company and the Representatives. It is understood by the Company and the Selling Stockholders that each of the Underwriters has authorized the Representatives, for its account, to accept delivery of, receipt for and make payment of the purchase price for, the Shares it has agreed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Acxiom Corp)

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Delivery of the Shares and Payment Therefor. (a) Delivery to the Underwriters of the Firm Shares shall be made against payment therefor at 9:00 a.m., Chicago, Illinois time, on the third full business day following the date of the Pricing Agreement (the "Closing Date") at the offices of Xxxx, Xxxx & Xxxxx, Chicago, Illinois. The place of the closing and the Closing Date may be varied by agreement among the Representatives and the Company. (b) Delivery to the Underwriters of any Additional Shares to be purchased by the several Underwriters shall be made in Chicago, Illinois against payment therefor at the offices of Vedder, Price, Xxxxxxx & Kammholz, Chicago, Illinois, at such time on such date (the "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 written notice from the Representatives to the Company and the Agents of the determination to purchase a number, specified in said notice, of Additional Shares. Said notice may be given at any time, but only one time, within 30 days after the date of the execution of the Pricing Agreement. The place of the closing and the Option Closing Date may be varied by agreement among the Representatives and the Company. (c) If the Representatives Representatives, the Company and the Company 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 Representatives, the Company and the CompanySelling Stockholders. The public offering price per Share of the Shares shall be a fixed price to be determined by agreement among the Representatives, the CompanyCompany and the Selling Stockholders. 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 Company, the Selling Stockholders and the Representatives and except as otherwise provided in Section 5 hereof. If the Representatives Representatives, the Company and the Company Selling Stockholders have elected to enter into the Pricing Agreement prior to the Registration Statement becoming effective, the initial 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 the Additional Shares shall be registered in such names and in such denominations as the Representatives shall request upon at least 48 hours prior notice to the Company and the Custodian preceding the Closing Date or the Option Closing Date, as the case may be. Such certificates shall be made available to the Representatives at the office of The Depository Trust Company, New York, New York, for inspection and packaging not later than at least 24 hours prior to the Closing Date or the Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and the Additional Shares shall be delivered to the Representatives on the Closing Date or the Option Closing Date, as the case may be, with any transfer taxes thereon duly paid by the Company or the Selling Stockholders, as the case may be, for the respective accounts of the several Underwriters, against payment 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 account, to accept delivery of, receipt for and make payment of the purchase price for, the Shares it has agreed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Lindberg Corp /De/)

Delivery of the Shares and Payment Therefor. (a) Delivery to the Underwriters of the Firm Shares shall be made against payment therefor at 9:00 a.m., Chicago, Illinois time, on the third full business day following the date of the Pricing Agreement (the "Closing Date") at the offices of XxxxABN AMRO Chicago Corporation, Xxxx & Xxxxx208 Xxxxx XxXxxxx Xxxxxx, ChicagoXxxxxxx, IllinoisXxxxxxxx 00000. The Xhe place of the closing and the Closing Date may be varied by agreement among the Representatives and the Company. (b) Delivery to the Underwriters of any Additional Shares to be purchased by the several Underwriters shall be made in Chicago, Illinois against payment therefor at the offices of VedderABN AMRO Chicago Corporation, Price208 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx & KammholzXxxxxxx, Chicago, Illinois, at Xxxxxxxx 00000 xx such time on such date (the "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 written notice from the Representatives to the Company and the Agents of the determination to purchase a number, specified in said notice, of Additional Shares. Said notice may be given at any time, but only one time, time within 30 days after the date of the execution of the Pricing Agreement. The place of the closing and the Option Closing Date may be varied by agreement among the Representatives and the Company. (c) If the Representatives and the Company 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 initial public offering price, less an amount to be determined by agreement among between the Representatives and the Company. The initial public offering price per Share of the Shares shall be a fixed price to be determined by agreement among between the Representatives, Representatives and the Company. The initial 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 and the Representatives and except as otherwise provided in Section 5 hereof. If the Representatives and the Company have elected to enter into the Pricing Agreement prior to the Registration Statement becoming effective, the initial 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.amendment (d) Certificates for the Firm Shares and for the Additional Shares shall be registered in such names and in such denominations as the Representatives shall request upon at least 48 hours prior notice to the Company and the Custodian preceding the Closing Date or the Option Closing Date, as the case may be. Such certificates shall be made available to the Representatives at the office of The Depository Trust Company, New York, New York, for inspection and packaging not later than at least 24 hours prior to the Closing Date or the Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and the Additional Shares shall be delivered to the Representatives on the Closing Date or the Option Closing Date, as the case may be, with any transfer taxes thereon duly paid by the Company Company, for the respective accounts of the several Underwriters, against payment of the purchase price therefor by wire or other immediately available fundsfunds or, at the option of the Company, by wire transfer in federal (same day) funds for which the Company will pay one day's interest at the broker call rate as reported in The Wall Street Journal on the business day immediately prior to the Closing Date or the Option Closing Date, as the case may be, subject to change by written agreement of the Company and the Representatives. It is understood by the Company that each of the Underwriters has authorized the Representatives, for its account, to accept delivery of, receipt for and make payment of the purchase price for, the Shares it has agreed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Mallon Resources Corp)

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