Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “Closing”) shall occur (the “Closing Date”) on January 24, 2003, at the offices of the Company’s counsel. At the Closing, the Company shall deliver to the Investor one or more stock certificates representing the number of Shares set forth in Section 3 of the Stock Purchase Agreement, each such certificate to be registered in the name of the Investor or, if so indicated on the signature page of the Stock Purchase Agreement, in the name of a nominee designated by the Investor. The Company’s obligation to issue the Shares to the Investor shall be subject to the following conditions, any one or more of which may be waived by the Company: (a) receipt by the Company of a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased hereunder as set forth in Section 3 of the Stock Purchase Agreement; (b) completion of the purchases and sales under the Agreements with the Other Investors; (c) the accuracy of the representations and warranties made by the Investors and the fulfillment of those undertakings of the Investors to be fulfilled prior to the Closing; and (d) the Closing Date shall have occurred by January 27, 2003. The Investor’s obligation to purchase the Shares shall be subject to the following conditions, any one or more of which may be waived by the Investor: (a) Investors shall have executed Agreements for the purchase of at least 2,045,453 Shares, (b) the representations and warranties of the Company set forth herein shall be true and correct as of the Closing Date in all material respects (except for representations and warranties that speak as of a specific date, which representations and warranties shall be true and correct as of such date) and (c) the Investor shall have received such documents as such Investor shall reasonably have requested, including, a standard opinion of the Company’s counsel as to the matters set forth in Section 4.2 and as to exemption from the registration requirements of the Securities Act of 1933, as amended (the “Securities Act”), of the sale of the Shares.
Delivery of the Shares at Closing a) The completion of the purchase and sale of the Shares (the "Closing") shall occur on August 5, 2005 (the "Closing Date"). At the Closing, the Purchaser shall deliver to the Company a wire transfer of funds in the full amount of the purchase price for the Shares being purchased hereunder as set forth on the signature page hereto, and the Company shall deliver to the Purchaser, at the sole discretion of the Purchaser, physically or using customary book-entry procedures (such as the Depository Trust Company's Deposit Withdrawal Agent Commission system), the number of Shares, set forth on the signature page hereto.
b) The Company's obligation to issue and sell the Shares to the Purchaser shall be conditioned upon the accuracy of the representations and warranties made by the Purchaser and the fulfillment of those undertakings of the Purchaser to be fulfilled prior to the Closing.
Delivery of the Shares at Closing. The completion of the purchase and sale of the Offered Securities (the “Closing”) shall take place at a place and time (the “Closing Date”) to be specified by the Company and the Placement Agent, in accordance with Rule 15c6-1 promulgated under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). The Company’s obligation to issue and sell the Offered Securities at Closing to the Investor shall be subject to the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing. The Investor’s obligation to purchase the Offered Securities shall be subject to the condition that the Placement Agent shall not have (a) terminated the Placement Agency Agreement pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied. Prior to the Closing, the Investor shall remit by wire transfer the amount of funds equal to the aggregate purchase price for the Units being purchased by the Investor to an account designated by the Placement Agent. Such funds shall be held in escrow (without interest) until the Closing and delivered by the Placement Agent (net of any commissions and expense reimbursements payable to the Placement Agent pursuant to the Placement Agency Agreement) on behalf of the Investors to the Company upon the satisfaction, in the sole judgment of the Placement Agent, of the conditions set forth in the foregoing paragraph. At the Closing, payment shall be made by, or on behalf of, the Investor by release of funds by the Placement Agent and the Company shall (a) deliver the Offered Shares purchased by the Investor to the Investor through DTC directly to the account(s) of the applicable DTC Holder as set forth on Annex II and (b) deliver the Warrants to the Investors at the address set forth on Annex II.
Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the “Closing”) shall take place as provided in Section 2 of the Placement Agency Agreement and the Escrow Agreement. The Company’s obligation to issue and sell the Shares to the Investor shall be subject to the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing. The Investor’s obligation to purchase the Shares shall be subject to the condition that the Placement Agent shall not have (a) terminated the Placement Agency Agreement pursuant to the terms thereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.
Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the "Closing") shall occur on January __, 2002 (the "Closing Date"), at the offices of the Company's counsel. At the Closing, the Company shall deliver to the Investor, using customary book-entry procedures, the number of Shares set forth on the signature page hereto, and the Investor shall deliver to the Placement Agent (as defined in the Registration Statement or any supplement thereto) a certified or official bank check or wire transfer of funds in the full amount of the purchase price for the Shares being purchased hereunder as set forth on the signature page hereto. The Company's obligation to issue and sell the Shares to the Investor shall be subject to the following conditions, any one or more of which may be waived by the Company: (a) completion of the purchases and sales of all the Shares under the Agreements with the Other Investors; and (b) the accuracy of the representations and warranties made by the Investors and the fulfillment of those undertakings of the Investors to be fulfilled prior to the Closing. The Investor's obligation to purchase the Shares shall be subject to the condition that the Placement Agent shall not have terminated the Placement Agency Agreement dated January 11, 2002, between the Company and the several Placement Agent pursuant to the terms thereof.
Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the "Closing") shall occur at the offices of Cooley Godward LLP, 3175 Xxxxxxx Xxxxxx, Xxxx Xxxx, Xxxxxxxxxx 00000 xx 10:00 a.m. PDT on August 28, 2000, or such other time and place as the Company and the Investor shall agree (the "Closing Date") to be specified by the Company and the Investor. Subject to the terms and conditions of this Agreement, at the Closing, the Investor shall pay the Aggregate Purchase Price to the Company or its order by wire transfer of immediately available funds to the account specified by the Company. Such payment shall be made upon delivery of a certificate or certificates for the Shares to the account of the Investor, each such certificate to be registered in the name of the Investor or, if so indicated on the signature page hereto, in the name of a nominee designated by the Investor.
Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the "Closing") shall occur at a place and time (the "Closing Date") to be specified by the Company and the Placement Agents, not later than four (4) complete trading days following the Subscription Date unless otherwise extended by the Company, and of which the Investors will be notified in advance by the Placement Agents. At the Closing, (i) the Company shall deliver to the Investor one or more stock certificates representing the number of Shares set forth on the signature page hereto, each such certificate to be registered in the name of the Investor or, if so indicated on the Stock Certificate Questionnaire attached hereto as Exhibit A, in the name of a nominee designated by the Investor and (ii) the Investor shall deliver immediately available funds in the amount of the aggregate purchase price for the Shares by wire transfer to an account designated by the Placement Agents. The Company's obligation to issue the Shares to the Investor shall be subject to the following conditions, any one or more of which may be waived by the Company: (a) receipt by the Company of the purchase price for the Shares being purchased hereunder as set forth on the
Delivery of the Shares at Closing. The closing of the purchase and sale of the Shares (the "Closing") shall occur on the earlier of (a) the fifth day, unless the fifth day falls on a weekend or holiday, in which case it shall be the next business day, after the earlier of (i) receipt of written notice by the Investor, Genentech and the Company of the FTC's approval of the transactions contemplated by this Agreement and the Collaboration Agreements pursuant to the filings made by the Company, F.Hoxxxxxx-Xx Xxxxx Xxx and Genentech under the Hart-Xxxxx-Xxxxxx Xxx and (ii) the expiration or termination of all applicable waiting periods, requests for information (any extensions thereof) under the Hart-Xxxxx-Xxxxxx Xxx for such filings, and (b) the fifth day, unless the fifth day falls on a weekend or holiday, in which case it shall be the next business day, after the joint determination (by written opinion from each party to the other) that filings under the Hart-Xxxxx-Xxxxxx Xxx are not required (the "Closing Date"). The Closing shall occur at the offices of Saul Xxxxx XXX, Centre Square West, 1500 Market Street, 38th Floor, Philadelphia, Pennsylvania, or at such other place as the parties shall mutually agree upon. At the Closing, the Company shall deliver to the Investor one or more stock certificates representing the Shares, each such certificate to be registered in the name of the Investor or, if so indicated on the signature page hereto, in the name of a nominee designated by the Investor, and the Investor shall wire the Purchase Price in immediately available funds to an account designated by the Company.
Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the "Closing") shall occur at the offices of the Company in Chantilly, VA on September 28, 2000 (the "Closing Date"). At the Closing, the Company shall deliver to the Investor one or more stock certificates representing the number of Shares set forth on the signature page hereto, each such certificate to be issued in the name of the Investor or, if so indicated on the signature page hereto, in the name of a nominee designated by the Investor. The Company's obligation to issue the Shares to the Investor shall be subject to the following conditions, any one or more of which may be waived by the Company: (a) receipt by the Company of the purchase price for the Shares being purchased hereunder as set forth on the signature page hereto; (b) completion of the purchases and sales under the Agreements with the Other Investors; and (c) the accuracy of the representations and warranties made by the Investors and the fulfillment of those undertakings of the Investors to be fulfilled prior to the Closing.
Delivery of the Shares at Closing. 3.1 (a) Pursuant to the terms of the offer contained in the prospectus included in the Registration Statement and the prospectus supplement appended to such prospectus (such documents, together with the documents incorporated by reference in such prospectus and prospectus supplement, being referred to collectively herein as the “Prospectus”), the Investor hereby tenders to the Company this subscription for, and agrees to purchase the number (the “Amount”) of Ordinary Shares as will equal the aggregate purchase price set forth in Exhibit A, rounded down to the nearest whole share, at the per share purchase price determined in accordance with the Prospectus, namely $1.30. 1
