Common use of Delivery of the Shares at Closing Clause in Contracts

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.

Appears in 1 contract

Samples: Placement Agency Agreement (Epix Medical Inc)

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Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the "Closing") shall occur on January __December 9, 2002 2003 (the "Closing Date"), at the offices of the Company's ’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 Company or as otherwise directed by the Placement Agent Agents (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 may accept or reject Agreements in its discretion. The Company's ’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 that may be executed 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 ’s obligation to purchase the Shares shall be subject to the condition that the Placement Agent Agents shall not have (a) terminated the Placement Agency Agreement dated January 11December 3, 20022003, between the Company and the several Placement Agent (the “Placement Agency Agreement”) pursuant to the terms thereofthereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Appears in 1 contract

Samples: Placement Agency Agreement (Vaxgen Inc)

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 may accept or reject Agreements in its discretion. 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 that may be executed 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 (a) terminated the Placement Agency Agreement dated January 11, 2002, between the Company and the several Placement Agent (the "Placement Agency Agreement") pursuant to the terms thereofthereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Appears in 1 contract

Samples: Placement Agency Agreement (Rigel Pharmaceuticals Inc)

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the "Closing") shall occur on January __April 20, 2002 2004 (the "Closing Date"), at the offices of the Company's Placement Agent’s counsel. At the Closing, the Company shall deliver to the each Investor, using customary book-entry procedures, the number of Shares set forth on the signature page heretoSchedule I to this Agreement, and the each Investor shall deliver to the Company or as otherwise directed by the Placement Agent (as defined in the Registration Statement or any supplement thereto) Agents 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 first page heretoof this Agreement. The Company's ’s obligation to issue and sell the Shares to the each 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 that may be executed with the Other Investors; and (b) the accuracy of the representations and warranties made by the Investors each Investor and the fulfillment of those undertakings of the Investors each Investor to be fulfilled prior to the Closing. The Each Investor's ’s obligation to purchase the Shares shall be subject to the condition that the Placement Agent Agents shall not have (a) terminated the Placement Agency Agreement dated January 11April 14, 20022004, between the Company and the several Placement Agent Agents (the “Placement Agency Agreement”) pursuant to the terms thereofthereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Appears in 1 contract

Samples: Placement Agency Agreement (Cytogen Corp)

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Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the "Closing") shall occur on January __April 23, 2002 (the "Closing Date"), at the offices of the Company's counsel. At the Closing, the Company shall deliver to the Investor, physically or 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) Company 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 may accept or reject Purchase Agreements in its discretion. 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 Investor and the fulfillment of those undertakings of the Investors Investor to be fulfilled prior to the Closing. The Investor's obligation to purchase the Shares shall be subject to the condition that Shoreline Pacific, LLC (the "Placement Agent Agent") shall not have (a) terminated the Placement Agency Agreement dated January 11April 18, 2002, between the Company and the several Placement Agent (the "Placement Agency Agreement") pursuant to the terms thereofthereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Appears in 1 contract

Samples: Placement Agency Agreement (Biopure Corp)

Delivery of the Shares at Closing. The completion of the purchase and sale of the Shares (the "Closing") shall occur on January __February , 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 may accept or reject Agreements in its discretion. 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 that may be executed 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 (a) terminated the Placement Agency Agreement dated January 11February , 2002, between the Company and the several Placement Agent (the "Placement Agency Agreement") pursuant to the terms thereofthereof or (b) determined that the conditions to closing in the Placement Agency Agreement have not been satisfied.

Appears in 1 contract

Samples: Placement Agency Agreement (Rigel Pharmaceuticals Inc)

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