Common use of Firm Unit Payment and Delivery Clause in Contracts

Firm Unit Payment and Delivery. (i) Delivery and payment for the Firm 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 the Registration Statement (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 Xxxx Xxxxx LLP, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 (“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 Units is called the “Closing Date.” (ii) Payment for the Firm Units 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 Warrants included in the Firm Units (or through the facilities of the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm 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 Units except upon tender of payment by the Representative for all of the Firm Units. 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.

Firm Unit Payment and Delivery. (i) Delivery and payment for the Firm Units shall be made at on or before 10:00 a.m., Eastern time, on the second (2nd) Business Day (as defined below) following the effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) (or the third fourth (3rd4th) 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 Xxxx Xxxxx Carmel, Mxxxxxx & DxXxxxxx LLP, 000 Xxxxxxxxx 50 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 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 Units is called the “Closing Date.” (ii) Payment for the Firm Units shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company Company, upon delivery of the certificates (in form and substance satisfactory to the Underwriters) representing the Firm Shares and the Warrants included in the Firm Units (Units, or through the facilities of the Depository Trust Company (“DTC”)) , for the account of the Underwriters. The Firm Securities 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 Units except upon tender of payment by the Representative for all of the Firm Units. 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.

Firm Unit Payment and Delivery. (i) Delivery and payment for the Firm Units shall be made at 10:00 a.m., Eastern time, on the second third (2nd3rd) Business Day following the effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) (or the third fourth (3rd4th) 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 Xxxx Xxxxx LLP, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 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 Units is called the “Closing Date.” (ii) Payment for the Firm Units 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 Warrants included in the Firm Units (or through the facilities of the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Securities 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 Units except upon tender of payment by the Representative for all of the Firm Units. 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.

Firm Unit Payment and Delivery. (i) Delivery and payment for the Firm Units shall be made at 10:00 a.m.A.M., Eastern New York time, on the second third (2nd3rd) Business Day (as defined below) following the effective date of the Registration Statement (as defined below) (the “Effective Date”) of the Registration Statement (or the third (3rd) fourth Business Day following the Effective Date Date, if the Registration Statement is declared effective after 4:01 4:30 p.m., Eastern time) or at such earlier time as shall be agreed upon by the Representative and the Company, Company at the offices of Xxxx Xxxxx LLP, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 (“the Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) manner as shall be agreed upon by the Representative and the CompanyCompany (including remotely via electronic exchange of documentation). The hour and date of delivery and payment for the Firm Units is called the “Closing Date,” and such delivery and payment (accompanied by the other documentation required to be delivered hereunder) is referred to herein as the “Closing.” (ii) ” Payment for the Firm Units shall be made on the Closing Date by wire transfer in Federal (same day) funds. Any remaining proceeds (less commissions, the Corporate Finance Fee and actual expense payments or other fees payable pursuant to this Agreement) shall be paid 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 Warrants included in the Firm Units (or through the full fast transfer facilities of the Depository Trust Company (the “DTC”)) for the account of the UnderwritersUnderwriters as designated by the Representative. The Firm Securities 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 Units except upon tender of payment by the Representative for all of the Firm Units. The As used in this Agreement, the term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a any day on which banking institutions the New York Stock Exchange and the NASDAQ Stock Market are authorized or obligated by law to close in New York, New Yorknot open for business.