Common use of Firm Securities Payment and Delivery Clause in Contracts

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing of this Agreement (the “Effective Date”) (or the third (3rd) Business Day following the Effective Date if this Agreement is signed after 4:01 p.m., Eastern time) or at such earlier time as shall be agreed upon by the Underwriter and the Company, at the offices of Xxxxxxx & Xxxxxxx, P.C., 0000 X. Xxxx Street, Suite 1400, Two Xxxxx Center, Richmond, VA 23219 (“Underwriter’s Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter and the Company. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date.” (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Underwriter) representing the Firm Securities (or through the facilities of The Depository Trust Company (“DTC”)) for the account of the Underwriter. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter may request in writing at least one (1) full Business Day prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter for all of the Firm Securities. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing of this Agreement (the “Effective Date”) (or the third (3rd) Business Day following the Effective Date if this Agreement is signed after 4:01 p.m., Eastern time) or at such earlier time as shall be agreed upon by the Underwriter and the Company, at the offices of Sichenzia Xxxx Xxxxxxx & Xxxxxxx, P.C.Xxxxxx, 0000 X. Xxxxxx xx xxx Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx Street, Suite 1400, Two Xxxxx Center, Richmond, VA 23219 00000 (“Underwriter’s Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter and the Company. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date.” (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Underwriter) representing the Firm Securities (or through the facilities of The Depository Trust Company (“DTC”)) for the account of the Underwriter. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter may request in writing at least one (1) full Business Day prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter for all of the Firm Securities. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing of this Agreement effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) under the Securities Act of 1933, as amended (the “Securities Act”) (or the third (3rd) Business Day following the Effective Date if this Agreement is signed the pricing for the Offering (as defined in Section 2.1.1 below) occurs after 4:01 p.m., Eastern timetime on the Effective Date) or at such earlier time as shall be agreed upon by the Underwriter Representative and the Company, at the offices of Xxxxxxx Zysman, Aharoni, Gxxxx and Sxxxxxxx & XxxxxxxWorcester LLP, P.C.1000 Xxxxxxxx, 0000 X. Xxxx StreetXxx Xxxx, Suite 1400Xxx Xxxx, Two Xxxxx Center, Richmond, VA 23219 00000 (“Underwriter’s Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date.” (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Underwriter) representing the Firm Securities (or through via the facilities of The Depository Trust Company (“DTC”)) for the account of the Underwriter. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter Representative may request in writing at least one two (12) full Business Day Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter Representative for all of the Firm Securities. The aggregate purchase price for the Securities to be purchased by each of the Underwriters shall equal up to the amount set forth opposite the name of such Underwriter on Schedule 1 attached hereto, provided that to the extent any Underwriter sells fewer Securities and therefore determines to purchase fewer Securities, such amount shall be reduced on a pro rata basis based on the number of Securities actually purchased. The Underwriters shall notify the Company of the number of Securities they intend to purchase at the Closing Date on the business day immediately preceding the Closing Date, provided that such notification shall not be binding upon the Underwriters. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing of this Agreement effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) under the Securities Act of 1933, as amended (the “Securities Act”) (or the third (3rd) Business Day following the Effective Date if this Agreement is signed the pricing for the Offering (as defined in Section 2.1.1 below) occurs after 4:01 p.m., Eastern timetime on the Effective Date) or at such earlier time as shall be agreed upon by the Underwriter Representative and the Company, at the offices of Xxxxxxx Zysman, Aharoni, Gxxxx and Sxxxxxxx & XxxxxxxWorcester LLP, P.C.1000 Xxxxxxxx, 0000 X. Xxxx StreetXxx Xxxx, Suite 1400Xxx Xxxx, Two Xxxxx Center, Richmond, VA 23219 00000 (“Underwriter’s Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date.” (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Underwriter) representing the Firm Securities (or through via the facilities of The Depository Trust Company (“DTC”)) for the account of the Underwriter. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter Representative may request in writing at least one two (12) full Business Day Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter Representative for all of the Firm Securities. The aggregate purchase price for the Securities to be purchased by each of the Underwriters shall equal up to the amount set forth opposite the name of such Underwriter on Schedule 1 hereto, provided that to the extent any Underwriter sells fewer Securities and therefore determines to purchase fewer Securities, such amount shall be reduced on a pro rata basis based on the number of Securities actually purchased. The Underwriters shall notify the Company of the number of Securities they intend to purchase at the Closing Date on the business day immediately preceding the Closing Date, provided that such notification shall not be binding upon the Underwriters. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing of this Agreement effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) under the Securities Act of 1933, as amended (the “Securities Act”) (or the third (3rd) Business Day following the Effective Date if this Agreement is signed the pricing for the Offering (as defined in Section 2.1.1 below) occurs after 4:01 p.m., Eastern timetime on the Effective Date) or at such earlier time as shall be agreed upon by the Underwriter Representative and the Company, at the offices of XxXxxxxxx Will & Xxxxx LLP 000 Xxxxxxx & XxxxxxxXxxxxx, P.C.Xxx Xxxx, XX 00000-0000 X. Xxxx Street, Suite 1400, Two Xxxxx Center, Richmond, VA 23219 (“Underwriter’s Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date.” (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Underwriter) representing the Firm Securities (or through via the facilities of The Depository Trust Company (“DTC”)) for or as otherwise agreed between the account of the Underwriterparties. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter Representative may request in writing at least one two (12) full Business Day Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter Representative for all of the Firm Securities. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing of this Agreement effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) under the Securities Act of 1933, as amended (the “Securities Act”) (or the third (3rd) Business Day following the Effective Date if this Agreement is signed the pricing for the Offering (as defined in Section 2.1.1 below) occurs after 4:01 p.m., Eastern timetime on the Effective Date) or at such earlier time as shall be agreed upon by the Underwriter Representative and the Company, at the offices of Xxxxxxx Gracin & XxxxxxxXxxxxx, P.C.LLP, 0000 X. The Chrysler Building, 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx Street, Suite 1400, Two Xxxxx Center, Richmond, VA 23219 00000 (“Underwriter’s Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date”.” (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Underwriter) representing the Firm Securities (or through i) via the facilities of The Depository Trust Company (“DTC”), with respect to the Firm Shares and (ii) for by physical delivery to the account of purchasers thereof, with respect to the UnderwriterWarrants, in accordance with the Representative’s instructions. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter Representative may request in writing at least one two (12) full Business Day Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter Representative for all of the Firm Securities. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing of this Agreement effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) under the Securities Act of 1933, as amended (the “Securities Act”) (or the third (3rd) Business Day following the Effective Date if this Agreement is signed the pricing for the Offering (as defined in Section 2.1.1 below) occurs after 4:01 p.m., Eastern timetime on the Effective Date) or at such earlier time as shall be agreed upon by the Underwriter Representative and the Company, at the offices of Xxxxxxx & XxxxxxxXxxx Xxxxx LLP, P.C.000 Xxxxxxxxx Xxxxxx, 0000 X. Xxxx StreetXxx Xxxx, Suite 1400Xxx Xxxx, Two Xxxxx Center, Richmond, VA 23219 00000 (“Underwriter’s Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date.” The Warrants shall be issued pursuant to, and shall have the rights and privileges set forth in, the form of Warrant and in a warrant agency agreement dated on or before the Closing Date between the Company and VStock Transfer LLC as warrant agent (the “Warrant Agreement”). (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Underwriter) representing the Firm Securities (or through via the facilities of The Depository Trust Company (“DTC”)) for the account of the Underwriter. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter Representative may request in writing at least one two (12) full Business Day Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter Representative for all of the Firm Securities. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing of this Agreement effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) under the Securities Act of 1933, as amended (the “Securities Act”) (or the third (3rd) Business Day following the Effective Date if this Agreement is signed the pricing for the Offering (as defined in Section 2.1.1 below) occurs after 4:01 p.m., Eastern timetime on the Effective Date) or at such earlier time as shall be agreed upon by the Underwriter Representative and the Company, at the offices of Xxxxxxx & XxxxxxxDxxxx Xxxxxx LLP 1000 Xxxxxxxx, P.C.Xxx Xxxx, 0000 X. Xxxx Street, Suite 1400, Two Xxxxx Center, Richmond, VA 23219 XX 00000 (“Underwriter’s Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date.” (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Underwriter) representing the Firm Securities (or through i) via the facilities of The Depository Trust Company (“DTC”), with respect to the Firm Shares and (ii) for by physical delivery to the account of purchasers thereof, with respect to the UnderwriterPre-Funded Warrants, in accordance with the Representative’s instructions. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter Representative may request in writing at least one two (12) full Business Day Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter Representative for all of the Firm Securities. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing of this Agreement (the “Effective Date”) (or the third (3rd) Business Day following the effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) pursuant to Rule 430B(f)(2) of the Securities Act of 1933, as amended (the “Securities Act”) (or the fourth (4th) Business Day following the Effective Date if this Agreement is signed the pricing for the Offering (as defined in Section 2.1.1 below) occurs after 4:01 p.m., Eastern timetime on the Effective Date) or at such earlier time as shall be agreed upon by the Underwriter Representative and the Company, at the offices of Xxxxxxx & XxxxxxxRxxx Xxxxx LLP, P.C.500 Xxxxxxxxx Xxxxxx, 0000 X. Xxxx StreetXxx Xxxx, Suite 1400, Two Xxxxx Center, Richmond, VA 23219 XX 00000 (“Underwriter’s Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date.” (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the UnderwriterUnderwriters) representing the Firm Securities Shares and the Firm Warrants (or through the facilities of The the Depository Trust Company (“DTC”)) for the account of the UnderwriterUnderwriters. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter Representative may request in writing at least one two (12) full Business Day Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter Representative for all of the Firm Securities. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing of this Agreement effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) (or the third (3rd) Business Day following the Effective Date if this Agreement the Registration Statement is signed declared effective after 4:01 p.m., Eastern time) or at such earlier time as shall be agreed upon by the Underwriter Representative and the Company, at the offices of Xxxxxxx Ellenoff Xxxxxxxx & XxxxxxxSchole LLP at 0000 Xxxxxx xx xxx Xxxxxxxx, P.C.Xxx Xxxx, 0000 X. Xxx Xxxx Street, Suite 1400, Two Xxxxx Center, Richmond, VA 23219 00000 (“UnderwriterRepresentative’s Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date.” (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the UnderwriterRepresentative) representing the Firm Securities (or through the facilities of The the Depository Trust Company (“DTC”)) for the account of the UnderwriterUnderwriters. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter Representative may request in writing at least one two (12) full Business Day Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter Representative for all of the Firm Securities. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks provided, however, for clarification, banking institutions shall not be deemed to be authorized or obligated required by law to be remain closed due to a “shelter in stay at home”, “shelter-in-place,” ”, “non-essential employee,” or any other similar orders or restrictions or the closure of any physical branch locations at the direction of any governmental authority if such banks’ so long as the electronic funds transfer systems (including for wire transfers) of commercial banks in The City of New York are generally are open for use by customers on such day.

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing of this Agreement (the “Effective Date”) (or the third (3rd) Business Day following the effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1 below) (or the fourth (4th) Business Day following the Effective Date if this Agreement the Registration Statement is signed declared effective after 4:01 p.m., Eastern time) or at such earlier time as shall be agreed upon by the Underwriter Representative and the CompanyCCC, at the offices of Xxxxxxx & XxxxxxxXxxx Xxxxx LLP, P.C.000 Xxxxxxxxx Xxxxxx, 0000 X. Xxxx StreetXxx Xxxx, Suite 1400, Two Xxxxx Center, Richmond, VA 23219 XX 00000 (“Underwriter’s Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter Representative and the CompanyCCC. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date.” (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of CCC and [___________], as the Company custodian of the Firm Shares to be sold by the Selling Stockholders (the “Custodian”), respectively, upon delivery of the certificates (in form and substance satisfactory to the UnderwriterUnderwriters) representing the Firm Securities (or through the facilities of The the Depository Trust Company (“DTC”)) for the account of the UnderwriterUnderwriters. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter Representative may request in writing at least one two (12) full Business Day Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter Representative for all of the Firm SecuritiesShares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.

Firm Securities Payment and Delivery. (i) Delivery and payment for the Units Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the signing date of this Agreement (the “Effective Date”) (or the third (3rd) Business Day following the Effective Date if date of this Agreement is signed if the pricing for the Offering (as defined in Section 2.1.1 below) occurs after 4:01 p.m., Eastern timetime on the date of this Agreement) or at such earlier time as shall be agreed upon by the Underwriter Representative and the Company, at the offices of Xxxxxxx Sxxxxxxx & XxxxxxxWorcester LLP, P.C.1000 Xxxxxxxx, 0000 X. Xxxx StreetXxx Xxxx, Suite 1400Xxx Xxxx, Two Xxxxx Center, Richmond, VA 23219 00000 (“Underwriter’s Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Securities is called the “Closing Date.” (ii) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Underwriter) representing the Firm Securities (or through via the facilities of The Depository Trust Company (“DTC”)) for the account of the Underwriter. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter Representative may request in writing at least one two (12) full Business Day Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter Representative for all of the Firm Securities. The aggregate purchase price for the Firm Securities to be purchased by each of the Underwriters shall equal up to the amount set forth opposite the name of such Underwriter on Schedule 1 hereto, provided that to the extent any Underwriter sells fewer Firm Securities and therefore determines to purchase fewer Firm Securities, such amount shall be reduced on a pro rata basis based on the number of Firm Securities actually purchased. The Underwriters shall notify the Company of the number of Firm Securities they intend to purchase at the Closing Date on the business day immediately preceding the Closing Date, provided that such notification shall not be binding upon the Underwriters. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.

Firm Securities Payment and Delivery. (iA) Delivery and payment for the Units Firm Securities shall be made at 10:00 a.m.no later than 2:00 p.m., Eastern time, on the second (2nd) Business Day (as defined below) following the signing of this Agreement effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2(a)(i)(A) below) (or the third (3rd) Business Day following the Effective Date if this Agreement the Registration Statement is signed declared effective after 4:01 p.m., Eastern time) or at such earlier time as shall be agreed upon by the Underwriter Representative and the Company, at the offices of Xxxxxxx & XxxxxxxMintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C., 0000 X. Xxxx Street600 Xxxxx Xxxxxx, Suite 1400Xxx Xxxx, Two Xxxxx Center, Richmond, VA 23219 XX 00000 (“Underwriter’s Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Securities and the applicable Option Securities (as defined below) is called the “Closing Date.” (iiB) Payment for the Firm Securities shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the UnderwriterRepresentative) representing the Firm Securities (or through the facilities of The the Depository Trust Company (“DTC”) or via a DWAC transfer)) , for the account of the UnderwriterUnderwriters. The Firm Securities shall be registered in such name or names and in such authorized denominations as the Underwriter Representative may request in writing at least one (1) full Business Day prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Securities except upon tender of payment by the Underwriter Representative for all of the Firm Securities or via delivery versus payment for the Firm Securities. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York; provided that banks shall not be deemed to be authorized or obligated to be closed due to a “shelter in place,” “non-essential employee,” or similar closure of physical branch locations at the direction of any governmental authority if such banks’ electronic funds transfer systems (including for wire transfers) are open for use by customers on such day.