Common use of Firm Securities Payment and Delivery Clause in Contracts

Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the date of this Agreement or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Sichenzia Xxxx Xxxxxxx LLP, 1185 Avenue of the Americas, 00xx Xxxxx, Xxx Xxxx, XX 00000 (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 Underwriters) representing the Firm Shares (or through the facilities of The Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Representative for all of the Firm Shares. 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.

Appears in 2 contracts

Samples: Underwriting Agreement (Creative Realities, Inc.), Underwriting Agreement (Creative Realities, Inc.)

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Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the date of this Agreement June 20, 2016 or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Sichenzia Xxxx Rxxx Xxxxxxxx Xxxxxxx LLP, 1185 Avenue of the Americas60 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000 (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Underwriters) representing the Firm Shares and the Firm Warrants (or through the facilities of The the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares Securities shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Securities except upon tender of payment by the Representative for all of the Firm SharesSecurities. 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.

Appears in 1 contract

Samples: Underwriting Agreement (Intellicheck Mobilisa, Inc.)

Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities shall be made at 10:00 a.m., Eastern time, on the second fourth (2nd4th) Business Day following the date of this Agreement or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Sichenzia Xxxx Xxxxxxx Gxxxxxxxx Traurig, LLP, 1185 Avenue of the Americas, 00xx Xxxxx200 Xxxx Xxxxxx, Xxx Xxxx, XX 00000 (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 Underwriters) representing the Firm Shares and the Firm Warrants (or through the facilities of The Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares Securities shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Securities except upon tender of payment by the Representative for all of the Firm SharesSecurities. 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.

Appears in 1 contract

Samples: Underwriting Agreement (Akers Biosciences Inc)

Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the date of this Agreement [●], 2018, or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Sichenzia Xxxx Xxxxxxx LLP, 1185 Avenue of the Americas, 00xx Xxxxx, Xxx Xxxx, XX 00000 Xxxxx LLP (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 Underwriters) representing the Firm Shares Securities (or through the facilities of The the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares Securities shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Securities except upon tender of payment by the Representative for all of the Firm SharesSecurities. 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.

Appears in 1 contract

Samples: Underwriting Agreement (DERMAdoctor, Inc.)

Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the date of this Agreement [•], 2023 or at such earlier time as shall be agreed upon by the Representative Underwriter and the Company, at the offices of Sichenzia Xxxx Xxxxxxx McGuireWoods LLP, 1185 Avenue of the Americas0000 Xxxxxx xx xxx Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX Xxx Xxxx 00000 (“Representative Underwriter’s Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon in writing by the Representative 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 UnderwritersUnderwriter) representing the Firm Shares and the Firm Warrants (or through the facilities of The Depository Trust Company (“DTC”)) for the account of the UnderwritersUnderwriter. The Firm Shares and the Firm Warrants shall each be registered in such name or names and in such authorized denominations as the Representative Underwriter may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Securities except upon tender of payment by the Representative Underwriter for all of the Firm SharesSecurities. 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.

Appears in 1 contract

Samples: Underwriting Agreement (ENDRA Life Sciences Inc.)

Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the date of this Agreement June 30, 2017, or at such earlier time as shall be agreed upon by the Representative Representatives and the Company, at the offices of Sichenzia Xxxx Xxxxxxx LLPMintz, 1185 Avenue of the AmericasLevin, 00xx XxxxxCohn, Ferris, Glovsky and Popeo, P.C., 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 (“Representative Representatives’ Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Representative Representatives 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 Underwriters) representing the Firm Shares and the Firm Warrants (or through the facilities of The Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares Securities shall be registered in such name or names and in such authorized denominations as the Representative Representatives may request in writing at least two one (21) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Securities except upon tender of payment by the Representative Representatives for all of the Firm SharesSecurities. 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.

Appears in 1 contract

Samples: Underwriting Agreement (Meridian Waste Solutions, Inc.)

Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities shall be made at 10:00 a.m., Eastern time, on the second fourth (2nd4th) Business Day following the date of this Agreement or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Sichenzia Xxxx Xxxxxxx Loeb & Loeb LLP, 1185 Avenue of the Americas, 00xx Xxxxx300 Xxxx Xxxxxx, Xxx Xxxx, XX 00000 (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 Underwriters) representing the Firm Shares and the Firm Warrants (or through the facilities of The Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares Securities shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Securities except upon tender of payment by the Representative for all of the Firm SharesSecurities. 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.

Appears in 1 contract

Samples: Underwriting Agreement (PARETEUM Corp)

Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities Units shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the effective date (the “Effective Date”) of this Agreement the Registration Statement (as defined in Section 2.1.1 below) (or the third (3rd) Business Day following the Effective Date if the Registration Statement is declared effective after 4:01 p.m., Eastern time) or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Sichenzia Xxxx Xxxxxxx LLPArentFox Schiff LLP at 1000 X Xxxxxx, 1185 Avenue of the AmericasXX, 00xx Xxxxx, Xxx XxxxXxxxxxxxxx, XX 00000 (“Representative Representative’s Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Representative and the Company. The hour and date of delivery and payment for the Firm Securities Units is called the “Closing Date.” (ii) Payment for the Firm Securities Units shall be made on the Closing Date by wire transfer in Federal U.S. dollars (same day) funds, payable to the order of the Company upon delivery of the certificates certificates, if applicable (in form and substance satisfactory to the Underwriters) representing the Firm Shares Securities comprising the Units (or through the facilities of The the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares Securities comprising the Units shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Units except upon tender of payment by the Representative for all of the Firm SharesUnits. 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.

Appears in 1 contract

Samples: Underwriting Agreement (Know Labs, Inc.)

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Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities shall be made at 10:00 a.m., Eastern time, on the second fourth (2nd4th) Business Day following the effective date (the “Effective Date”) of this Agreement the Registration Statement (as defined in Section 2.1.1 below) or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Sichenzia Xxxx Xxxxxxx Xxxxxxxxx Traurig, LLP, 1185 Avenue of the AmericasThe MetLife Building, 00xx Xxxxx000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000 (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 Underwriters) representing the Firm Shares Securities (or through the facilities of The the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares Securities shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Securities except upon tender of payment by the Representative for all of the Firm SharesSecurities. 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.

Appears in 1 contract

Samples: Underwriting Agreement (Meridian Waste Solutions, Inc.)

Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the date 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 Representative and the Company, at the offices of Sichenzia Kxxxxxx & Cxxxxxx, P.C., 1000 X. Xxxx Xxxxxxx LLPStreet, 1185 Avenue of the AmericasSuite 1400, 00xx XxxxxTwo Jxxxx Xxxxxx, Xxx XxxxXxxxxxxx, XX 00000 (“Representative Representative’s Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Underwriters) representing the Firm Shares Securities (or through the facilities of The the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares Securities shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) one full Business Days Day prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Securities except upon tender of payment by the Representative for all of the Firm SharesSecurities. 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.

Appears in 1 contract

Samples: Underwriting Agreement (Alset EHome International Inc.)

Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the date of this Agreement November 24, 2023 or at such earlier time as shall be agreed upon by the Representative Underwriter and the Company, at the offices of Sichenzia Xxxx Xxxxxxx McGuireWoods LLP, 1185 Avenue of the Americas1000 Xxxxxx xx xxx Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000 Xxx Xxxx 10020 (“Representative Underwriter’s Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon in writing by the Representative 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 UnderwritersUnderwriter) representing the Firm Shares and the Firm Warrants (or through the facilities of The Depository Trust Company (“DTC”)) for the account of the UnderwritersUnderwriter. The Firm Shares Securities shall each be registered in such name or names and in such authorized denominations as the Representative Underwriter may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Securities except upon tender of payment by the Representative Underwriter for all of the Firm SharesSecurities. 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.

Appears in 1 contract

Samples: Underwriting Agreement (Gain Therapeutics, Inc.)

Firm Securities Payment and Delivery. (i) Delivery and payment for the Firm Securities shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the date of this Agreement November 12, 2015 or at such earlier time and date as shall be agreed upon by the Representative Representatives and the Company, at the offices of Sichenzia Xxxx Xxxxxxx Xxxxxx LLP, 1185 Avenue of the Americas000 Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000 (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Representative Representatives 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 Underwriters) representing the Firm Shares and Firm Warrants (or through the facilities of The the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares Securities shall be registered in such name or names and in such authorized denominations as the Representative Representatives may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Securities except upon tender of payment by the Representative Representatives for all of the Firm SharesSecurities. 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.

Appears in 1 contract

Samples: Underwriting Agreement (Cancer Genetics, Inc)

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