Common use of Firm Shares Payment and Delivery Clause in Contracts

Firm Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on [●], 2015, or at such earlier time as shall be agreed upon by the Representatives and the Company at the offices of Axxxxxx Xxxxx, LLP counsel to the Underwriters (“AK”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Representatives and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) The Company will deliver the Firm Shares to or as instructed by the Representatives for the accounts of the several underwriters (in form and substance satisfactory to the Representatives) against payment of the final purchase price on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company. Delivery of the Firm Shares will be made 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 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 except upon tender of payment by the Representatives for all 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 City.

Appears in 1 contract

Samples: Underwriting Agreement (Eco-Stim Energy Solutions, Inc.)

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Firm Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on [●], 2015, the second (2nd) Business Day following the date of this Agreement or at such earlier time as shall be agreed upon by the Representatives Representative and the Company Company, at the offices of Axxxxxx XxxxxLoeb & Loeb LLP, LLP counsel to the Underwriters 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000 (“AKRepresentative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Representatives Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) The Company will deliver Payment for the Firm Shares to or as instructed by the Representatives for the accounts of the several underwriters (in form and substance satisfactory to the Representatives) against payment of the final purchase price shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company. Delivery Company upon delivery of the certificates (in form and substance satisfactory to the Underwriters) representing the Firm Shares will be made (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 Representatives 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 Representatives 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 CityYork, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Nanoviricides, Inc.)

Firm Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on [●]June 1, 2015, 2022 or at such earlier time as shall be agreed upon by the Representatives Underwriter and the Company Company, at the offices of Axxxxxx McGuireWoods LLP, 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, LLP counsel to the Underwriters Xxx Xxxx, Xxx Xxxx 00000 (“AKUnderwriter’s Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Representatives Underwriter and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) The Company will deliver Payment for the Firm Shares to or as instructed by the Representatives for the accounts of the several underwriters (in form and substance satisfactory to the Representatives) against payment of the final purchase price shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company. Delivery Company upon delivery of the certificates (in form and substance satisfactory to the Underwriter) representing the Firm Shares will be made (or through the facilities of the The Depository Trust Company (“DTC”)) for the account of the UnderwritersUnderwriter. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Representatives 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 except upon tender of payment by the Representatives Underwriter 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 CityYork, New York.

Appears in 1 contract

Samples: Underwriting Agreement (ClearSign Technologies Corp)

Firm Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on [●]July 15, 2015, or at such earlier time as shall be agreed upon by the Representatives and the Company at the offices of Axxxxxx Xxxxx, LLP counsel to the Underwriters (“AK”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Representatives and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) The Company will deliver the Firm Shares to or as instructed by the Representatives for the accounts of the several underwriters (in form and substance satisfactory to the Representatives) against payment of the final purchase price on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company. Delivery of the Firm Shares will be made 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 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 except upon tender of payment by the Representatives for all 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 City.

Appears in 1 contract

Samples: Underwriting Agreement (Eco-Stim Energy Solutions, Inc.)

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Firm Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on [______], 2015, 2015 or at such earlier time as shall be agreed upon by the Representatives Representative and the Company Company, at the offices of Axxxxxx XxxxxLoeb & Loeb LLP, LLP counsel to the Underwriters 300 Xxxx Xxxxxx, Xxx Xxxx, XX 00000 (“AKRepresentative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Representatives Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) The Company will deliver Payment for the Firm Shares to or as instructed by the Representatives for the accounts of the several underwriters (in form and substance satisfactory to the Representatives) against payment of the final purchase price shall be made on the Closing Date by wire transfer in Federal federal (same day) funds, payable to the order of the Company. Delivery Company upon delivery of the certificates (in form and substance satisfactory to the Underwriters) representing the Firm Shares will be made (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 Representatives 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 Representatives 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 CityYork, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Intellicheck Mobilisa, Inc.)

Firm Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on [●]July 31, 20152020, or at such earlier time as shall be agreed upon by the Representatives Representative and the Company Company, at the offices of Axxxxxx Disclosure Law Group, a Professional Corporation, 600 Xxxx Xxxxxxxx, Xxxxx 000, Xxx Xxxxx, LLP counsel to the Underwriters Xxxxxxxxxx 00000 (“AKRepresentative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Representatives Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) The Company will deliver Payment for the Firm Shares to or as instructed by the Representatives for the accounts of the several underwriters (in form and substance satisfactory to the Representatives) against payment of the final purchase price shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company. Delivery Company upon delivery of the certificates (in form and substance satisfactory to the Underwriters) representing the Firm Shares will be made (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 Representatives 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 Representatives 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 CityYork, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Document Security Systems Inc)

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