Common use of Delivery Versus Payment through The Depository Trust Company Clause in Contracts

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM to be credited with the Units being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 6 contracts

Samples: Placement Agent Agreement (Favrille Inc), Subscription Agreement (Cyclacel Pharmaceuticals, Inc.), Subscription Agreement (Discovery Laboratories Inc /De/)

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Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM the Placement Agent to be credited with the Units being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 4 contracts

Samples: Subscription Agreement (Savient Pharmaceuticals Inc), Subscription Agreement (Cytokinetics Inc), Subscription Agreement (NovaBay Pharmaceuticals, Inc.)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 3 contracts

Samples: Subscription Agreement (Towerstream Corp), Subscription Agreement (Towerstream Corp), Form of Subscription Agreement (Combinatorx, Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Lazard Capital Markets LLC (“LCM”) to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 3 contracts

Samples: Subscription Agreement (H&r Block Inc), Subscription Agreement (Immunomedics Inc), H&r Block Inc

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Xxxxxx Xxxxxx Partners LLC to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 3 contracts

Samples: Subscription Agreement (Progen Pharmaceuticals LTD), Subscription Agreement (Auxilium Pharmaceuticals Inc), Subscription Agreement (Auxilium Pharmaceuticals Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that notify LCM of the account or accounts at LCM to be credited with the Units Shares being purchased by such Investor. On the Closing Date, the Company shall deliver the Shares to the Investor have a minimum balance equal through DTC directly to the aggregate purchase price for account(s) at LCM identified by Investor and simultaneously therewith payment shall be made by LCM by wire transfer to the Units being purchased by the InvestorCompany.

Appears in 2 contracts

Samples: Placement Agent Agreement (Favrille Inc), Subscription Agreement (Cytokinetics Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares included in the Units purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM the Placement Agent to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 2 contracts

Samples: Subscription Agreement (Uni-Pixel), CorMedix Inc.

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 2 contracts

Samples: Form of Subscription Agreement (Astex Pharmaceuticals, Inc), Form of Subscription Agreement (Supergen Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle The purchase of the Shares purchased by such Investor shall be settled by delivery versus payment through DTC, no . No later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM the Placement Agent to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares and Warrants being purchased by the Investor.

Appears in 2 contracts

Samples: Moleculin Biotech, Inc., Moleculin Biotech, Inc.

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that notify of the account or accounts at LCM to be credited with the Units Shares being purchased by such Investor. On the Closing Date, the Company shall deliver the Shares to the Investor have a minimum balance equal through DTC directly to the aggregate purchase price for account or accounts at identified by Investor and simultaneously therewith payment shall be made by via wire transfer to the Units being purchased by the InvestorCompany.

Appears in 2 contracts

Samples: Form of Subscription Agreement (Astex Pharmaceuticals, Inc), Form of Subscription Agreement (Supergen Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Cowen to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 2 contracts

Samples: Subscription Agreement (Medivation, Inc.), Subscription Agreement (VirnetX Holding Corp)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Canaccord to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 2 contracts

Samples: Subscription Agreement (Northern Oil & Gas, Inc.), Subscription Agreement (Headwaters Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Xxxxx & Co., LLC to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Metabasis Therapeutics Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM a Placement Agent to be credited with the Units being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Lpath, Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM the Representative to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Raser Technologies Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Xxxxx & Co., LLC to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Acusphere Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM KNIGHT to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Houston American Energy Corp)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM X.X. Xxxxxxxxx, Towbin, LLC to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (GTC Biotherapeutics Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, ; no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Orient Express Hotels LTD)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Oxxxxxxxxxx & Co. Inc. to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Spectrum Pharmaceuticals Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM X.X. Xxxxxx Securities Inc. or Xxxxxx Xxxxxx Partners LLC, as applicable, to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Nitromed Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM the Placement Agent to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Insmed Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Xxxxxxxxxxx to be credited with the Units being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Columbia Laboratories Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the CompanyClosing Date, the Investor shall confirm that the account or accounts at LCM ___________________ to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Mechanical Technology Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM the Account Broker to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 1 contract

Samples: Purchase Agreement (Sierra Bancorp)

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Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares Notes purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM the Placement Agent to be credited with the Units Notes being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Securities being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Globalstar, Inc.)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM XX Xxxxx Securities Corporation to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 1 contract

Samples: Placement Agent Agreement (Vical Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM XX Xxxxx & Co., LLC to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (GTC Biotherapeutics Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Placement Agent to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (OccuLogix, Inc.)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares Units purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Canaccord Genuity to be credited with the Units being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Houston American Energy Corp)

Delivery Versus Payment through The Depository Trust Company. If the Investor Purchaser elects to settle the Shares purchased by such Investor Purchaser by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor Purchaser and the Company, the Investor Purchaser shall confirm that the accounts or account or accounts at LCM the Placement Agent to be credited with the Units Shares being purchased by the Investor Purchaser have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the InvestorPurchaser.

Appears in 1 contract

Samples: Subscription Agreement (Synthesis Energy Systems Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares Securities purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Xxxxxxx Capital LLC (“Xxxxxxx”) to be credited with the Units Securities being purchased by the Investor have a minimum balance in immediately available funds equal to the aggregate purchase price for the Units Securities being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Spherix Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that notify the Company of the account or accounts at LCM to be credited with the Units Shares being purchased by such Investor. On the Closing Date, the Company shall deliver the Shares to the Investor have a minimum balance equal through DTC directly to the aggregate purchase price for the Units being purchased account(s) identified by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Marijuana Co of America, Inc.)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that notify Placement Agent of the account or accounts at LCM Placement Agent to be credited with the Units Shares being purchased by such Investor. On the Closing Date, the Company shall deliver the Shares to the Investor have a minimum balance equal through DTC directly to the aggregate purchase price for account(s) identified by Investor and simultaneously therewith payment shall be made to the Units being purchased by the InvestorCompany.

Appears in 1 contract

Samples: Subscription Agreement (Houston American Energy Corp)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one three (13) business day days after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Xxxxxx Xxxxxx Partners LLC or Pacific Growth Equities, LLC to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Transwitch Corp /De)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares underlying the Units purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM to be credited with the Units Shares underlying the Unit being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Houston American Energy Corp)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM the respective Placement Agent to be credited with the Units Securities being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Securities being purchased by the Investor.

Appears in 1 contract

Samples: Form of Subscription Agreement (Athersys, Inc / New)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM the Lead Placement Agent to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Vical Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares included in the Units purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM to be credited with the Units being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Jazz Pharmaceuticals Inc)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM Xxxxxxx to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units being purchased by the Investor.

Appears in 1 contract

Samples: Subscription Agreement (Celsion CORP)

Delivery Versus Payment through The Depository Trust Company. If the Investor elects to settle the Shares included in the Units purchased by such Investor by delivery versus payment through DTC, no later than one (1) business day after the execution of this Agreement by the Investor and the Company, the Investor shall confirm that the account or accounts at LCM the Placement Agent to be credited with the Units Shares being purchased by the Investor have a minimum balance equal to the aggregate purchase price for the Units Shares and the Warrants being purchased by the Investor.

Appears in 1 contract

Samples: Intellipharmaceutics International Inc.

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