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

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxx Xxxxx L.L.P., 000 Xxxxxxxxx, Xxxxxxx, Xxxxx at 9:00 a.m., Houston, Texas time, on May 10, 2011 or such other place, time and date not later than 12:30 p.m., Houston, Texas time, on May 24, 2011 as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, 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 12 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxx Xxxxx, L.L.P., 000 Xxxxxxxxx, Xxxxxxx, Xxxxx at 9:00 a.m., Houston, Texas time, on such date or dates (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 notice or notices, from the Representatives on behalf of the Underwriters to the Company and the Trust, of the Underwriters’ determination to purchase a number, specified in such notice or notices, of Additional Units. Such notice or notices may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registered. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among you, the Trust and the Company. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company against payment of the purchase price 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 preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Firm Units sold by the Company hereunder shall be delivered by the Representatives to the Company. Payment for the Additional Units sold by the Company hereunder, if any, shall be delivered by the Representatives to the Company. It is understood that the Representatives have been authorized, for their own accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units 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.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxx Xxxxx Xxxxxx & Xxxxxx L.L.P., 000 Xxxxxxxxx0000 Xxxxxx Xxxxxx, XxxxxxxSuite 2500, Xxxxx Houston, Texas 77002 at 9:00 8:00 a.m., Houston, Texas time, on May 10April [·], 2011 2012, or such other place, time and date not later than 12:30 p.m., Houston, Texas time, on May 24, 2011 as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, 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 12 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxx XxxxxXxxxxx & Xxxxxx L.L.P, L.L.P.0000 Xxxxxx Xxxxxx, 000 XxxxxxxxxSuite 2500, XxxxxxxHouston, Xxxxx Texas 77002 at 9:00 8:00 a.m., Houston, Texas timeTime, on such date or dates (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 notice or notices, from the Representatives on behalf of the Underwriters to the Company Trust and the TrustCompany, of the Underwriters’ determination to purchase a number, specified in such notice or notices, of Additional Units. Such notice or notices may be given at any time within 30 days after from the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registered. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among you, the Trust and the Company. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company against payment of the purchase price 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 CompanyTrust. Payment for the Firm Units sold by the Company hereunder shall be delivered by the Representatives to the Company. Payment for the Additional Units sold by the Company hereunder, if any, shall be delivered by the Representatives to the CompanyTrust. It is understood that the Representatives have been authorized, for their own accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price Purchase Price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each The Representatives individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units 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.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxx Xxxxx L.L.P., 000 XxxxxxxxxXxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxx 00000, at 9:00 a.m., Houston, Texas time, on May 10February 8, 2011 or such other place, time and date not later than 12:30 p.m., Houston, Texas time, on May 24, 2011 as the Representatives shall designate by notice to the Trust and the Company 2017 (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Units and the Closing Date may be varied by agreement among between the Representatives, the Trust Representatives and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, 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 12 hereofPartnership. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxx Xxxxx, Xxxxx L.L.P., 000 XxxxxxxxxXxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxx 00000, at 9:00 a.m., Houston, Texas time, on such time and such date or dates (each an 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 or noticesnotice, from the Representatives on behalf of the Underwriters to the Company and the TrustPartnership, of the Underwriters’ determination to purchase a number, specified in such notice or noticesnotice, of Additional Units. Such notice or notices may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registeredoption. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among you, the Trust between you and the CompanyPartnership. The Firm Units and any Additional Units shall be registered in such names and in such denominations as the Representatives shall request in writing not later than one full business day prior to the Closing Date or the applicable Additional Closing Date, as the case may be. The Firm Units and Additional Units shall be delivered to Xxxxxxx Xxxxx on the Closing Date or an Additional Closing Date, as the case may be, for the respective accounts of the several Underwriters, with any transfer taxes payable in connection with the transfer of the Units to the Underwriters duly paid, against payment of the purchase price therefor. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company against payment (“DTC”) for the accounts of the purchase price 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 preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Firm Units sold by the Company hereunder shall be delivered by the Representatives to the Company. Payment for the Additional Units sold by the Company hereunder, if any, shall be delivered by the Representatives to the CompanyUnderwriters. It is understood that the Representatives have Xxxxxxx Xxxxx has been authorized, for their its own accounts account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and AssociatesXxxxx, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives Xxxxxxx Xxxxx by the Closing Date or the an 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.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxx Xxxxx L.L.P.Bracewell & Xxxxxxxx LLP, 000 Xxxxxxxxx, Xxxxxxx, Xxxxx 00000 at 9:00 a.m., Houston, Texas time, on May 10November 16, 2011 or such other place, time and date not later than 12:30 p.m., Houston, Texas time, on May 24November 23, 2011 as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Initial Closing Date” and each of the Initial Closing Date and the Additional Closing Date being referred to as a “Closing Date”). The place of closing for the Firm Units and the Initial Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Initial Closing Date as originally scheduled include any determination by the Trust, the Company or the Representatives to recirculate to the public copies of an amended or supplemented supplemental Prospectus or a delay as contemplated by the provisions of Section 12 10 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxx Xxxxx, L.L.P.Bracewell & Xxxxxxxx LLP, 000 Xxxxxxxxx, Xxxxxxx, Xxxxx 00000 at 9:00 a.m., Houston, Texas time, on such date or dates (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 notice or notices, from the Representatives on behalf of the Underwriters to the Company and the Trust, of the Underwriters’ determination to purchase a number, specified Trust (as described in such notice or notices, of Additional Units. Such notice or notices may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registeredSection 2 above). The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among youthe Representatives, the Trust and the Company. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company against payment of the purchase price 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 preceding the Initial Closing Date or the Additional Closing Date, as the case may be, by the CompanyTrust. Payment for the Firm Units sold by the Company Trust hereunder shall be delivered by the Representatives to the CompanyTrust. Payment for the Additional Units sold by the Company Trust hereunder, if any, shall be delivered by the Representatives to the CompanyTrust. It is understood that the Representatives have been authorized, for their own accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Unit Purchase Price for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. IncorporatedLLC and Xxxxxxx Xxxxx & Associates, Inc., each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Initial 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.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxx Xxxxx L.L.P.Bracewell & Xxxxxxxx LLP, 000 Xxxxxxxxx, Xxxxxxx, Xxxxx 00000 at 9:00 a.m., Houston, Texas time, on May 10[—], 2011 or such other place, time and date not later than 12:30 p.m., Houston, Texas time, on May 24[—], 2011 as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Initial Closing Date” and each of the Initial Closing Date and the Additional Closing Date being referred to as a “Closing Date”). The place of closing for the Firm Units and the Initial Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Initial Closing Date as originally scheduled include any determination by the Trust, the Company or the Representatives to recirculate to the public copies of an amended or supplemented supplemental Prospectus or a delay as contemplated by the provisions of Section 12 10 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxx XxxxxBracewell & Xxxxxxxx LLP, L.L.P.711 Louisiana, 000 XxxxxxxxxHouston, Xxxxxxx, Xxxxx Texas 77002 at 9:00 a.m., Houston, Texas time, on such date or dates (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 notice or notices, from the Representatives on behalf of the Underwriters to the Company and the Trust, of the Underwriters’ determination to purchase a number, specified Trust (as described in such notice or notices, of Additional Units. Such notice or notices may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registeredSection 2 above). The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among youthe Representatives, the Trust and the Company. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company against payment of the purchase price 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 preceding the Initial Closing Date or the Additional Closing Date, as the case may be, by the CompanyTrust. Payment for the Firm Units sold by the Company Trust hereunder shall be delivered by the Representatives to the CompanyTrust. Payment for the Additional Units sold by the Company Trust hereunder, if any, shall be delivered by the Representatives to the CompanyTrust. It is understood that the Representatives have been authorized, for their own accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Unit Purchase Price for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. IncorporatedLLC and Xxxxxxx Xxxxx & Associates, Inc., each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Initial 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.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxx Xxxxx L.L.P., 000 XxxxxxxxxXxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxx 00000, at 9:00 a.m., Houston, Texas time, on May 10October 1, 2011 or such other place, time and date not later than 12:30 p.m., Houston, Texas time, on May 24, 2011 as the Representatives shall designate by notice to the Trust and the Company 2018 (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Units and the Closing Date may be varied by agreement among between the Representatives, the Trust Representatives and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, 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 12 hereofPartnership. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxx Xxxxx, Xxxxx L.L.P., 000 XxxxxxxxxXxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxx 00000, at 9:00 a.m., Houston, Texas time, on such time and such date or dates (each an 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 or noticesnotice, from the Representatives on behalf of the Underwriters to the Company and the TrustPartnership, of the Underwriters’ determination to purchase a number, specified in such notice or noticesnotice, of Additional Units. Such notice or notices may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registeredoption. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among you, the Trust between you and the CompanyPartnership. The Firm Units and any Additional Units shall be registered in such names and in such denominations as the Representatives shall request in writing not later than one full business day prior to the Closing Date or the applicable Additional Closing Date, as the case may be. The Firm Units and Additional Units shall be delivered to Credit Suisse on the Closing Date or an Additional Closing Date, as the case may be, for the respective accounts of the several Underwriters, with any transfer taxes payable in connection with the transfer of the Units to the Underwriters duly paid, against payment of the purchase price therefor. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company against payment (“DTC”) for the accounts of the purchase price 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 preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Firm Units sold by the Company hereunder shall be delivered by the Representatives to the Company. Payment for the Additional Units sold by the Company hereunder, if any, shall be delivered by the Representatives to the CompanyUnderwriters. It is understood that the Representatives have Credit Suisse has been authorized, for their its own accounts account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx Credit Suisse and AssociatesUBS, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each individually and not as a Representative Representatives of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives Credit Suisse and UBS by the Closing Date or the an 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.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxx Xxxxx Xxxxxx & Xxxxxx L.L.P., 000 Xxxxxxxxx0000 Xxxxxx Xxxxxx, XxxxxxxSuite 2500, Xxxxx Houston, Texas 77002 at 9:00 8:00 a.m., Houston, Texas timeTime, on May 10[·], 2011 2011, or such other place, time and date not later than 12:30 p.m., Houston, Texas time, on May 24, 2011 as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, 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 12 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxx XxxxxXxxxxx & Xxxxxx L.L.P, L.L.P.0000 Xxxxxx Xxxxxx, 000 XxxxxxxxxSuite 2500, XxxxxxxHouston, Xxxxx Texas 77002 at 9:00 8:00 a.m., Houston, Texas timeTime, on such date or dates (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 notice or notices, from the Representatives on behalf of the Underwriters to the Company Trust and the TrustCompany, of the Underwriters’ determination to purchase a number, specified in such notice or notices, of Additional Units. Such notice or notices may be given at any time within 30 days after from the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registered. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among you, the Trust and the Company. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company against payment of the purchase price 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 CompanyTrust. Payment for the Firm Units sold by the Company hereunder shall be delivered by the Representatives to the Company. Payment for the Additional Units sold by the Company hereunder, if any, shall be delivered by the Representatives to the CompanyTrust. It is understood that the Representatives have been authorized, for their its own accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price Purchase Price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each The Representatives individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units 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.