Common use of MECHANICS OF PURCHASE OF SHARES BY INVESTOR Clause in Contracts

MECHANICS OF PURCHASE OF SHARES BY INVESTOR. Subject to the satisfaction of the conditions set forth in Sections 2(f), 7 and 8, the closing of the purchase by the Investor of Shares (a "CLOSING") shall occur on the date which is no later than Seven (7) Trading Days following the applicable Put Notice Date (each a "CLOSING DATE"). Prior to each Closing Date, (i) the Company shall deliver to the Investor, certificates representing the Shares to be issued to the Investor on such date and registered in the name of the Investor and (ii) the Investor shall deliver to the Company the Purchase Price to be paid for such Shares, determined as set forth in Section 2(b) and (d), by wire transfer. In lieu of delivering physical certificates representing the Securities and provided that the Company's transfer agent then is participating in The Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of the Investor, the Company shall use its commercially reasonable efforts to cause its transfer agent to electronically transmit the Securities by crediting the account of the Investor's prime broker (which shall be specified by the Investor a reasonably sufficient time in advance) with DTC through its Deposit Withdrawal Agent Commission ("DWAC") system.

Appears in 3 contracts

Samples: Investment Agreement (On the Go Healthcare Inc), Investment Agreement (On the Go Healthcare Inc), Investment Agreement (Vital Products, Inc.)

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MECHANICS OF PURCHASE OF SHARES BY INVESTOR. Subject to the satisfaction of the conditions set forth in Sections 2(f), 7 and 8, the closing of the purchase by the Investor of Shares (a "CLOSINGClosing") shall occur on the date which is no later than Seven (7) seven Trading Days following the applicable Put Notice Date (each a "CLOSING DATEClosing Date"). Prior to each Closing Date, (i) the Company shall deliver to the InvestorInvestor pursuant to the this Agreement, certificates representing the Shares to be issued to the Investor on such date and registered in the name of the Investor Investor; and (ii) the Investor shall deliver to the Company the Purchase Price to be paid for such Shares, determined as set forth in Section 2(b) accordance with the terms of this Agreement. The company shall use a nationally recognized overnight delivery (and (d), by wire transferprovide a tracking number for package)service to deliver the certificates to the address listed on the Put settlement sheet. In lieu of delivering physical certificates representing the Securities and provided that the Company's transfer agent then is participating in The Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of the Investor, the Company shall use its commercially reasonable efforts to cause its transfer agent to electronically transmit the Securities by crediting the account of the Investor's prime broker (which shall be specified by the Investor a reasonably sufficient time in advance) with DTC through its Deposit Withdrawal Agent Commission ("DWAC") system.

Appears in 2 contracts

Samples: Investment Agreement (Human Biosystems Inc), Investment Agreement (Human Biosystems Inc)

MECHANICS OF PURCHASE OF SHARES BY INVESTOR. Subject to the satisfaction of the conditions set forth in Sections 2(f), 7 and 8, the closing of the purchase by the Investor of Shares or the Investor deeming a Put closed (a "CLOSINGClosing") shall occur on the date which is no later than Seven (7) seven Trading Days following the applicable Put Notice Date or when the Investor deems a Put closed (each a "CLOSING DATEClosing Date"). Prior to each Closing Date, (i) the Company shall deliver to the InvestorInvestor pursuant to the this Agreement, certificates representing the Shares to be issued to the Investor on such date and registered in the name of the Investor Investor; and (ii) the Investor shall deliver to the Company the Purchase Price to be paid for such Shares, determined as set forth in Section Sections 2(b) and (d2(d), by wire transfer. In lieu of delivering physical certificates representing the Securities and provided that the Company's transfer agent then is participating in The Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of the Investor, the Company shall use its commercially reasonable efforts to cause its transfer agent to electronically transmit the Securities by crediting the account of the Investor's prime broker (which shall be specified by the Investor a reasonably sufficient time in advance) with DTC through its Deposit Withdrawal Agent Commission ("DWAC") system.

Appears in 2 contracts

Samples: Investment Agreement (Force Protection Inc), Investment Agreement (Symbollon Corp)

MECHANICS OF PURCHASE OF SHARES BY INVESTOR. Subject to the satisfaction of the conditions set forth in Sections 2(f), 7 and 8, the closing of the purchase by the Investor of Shares or the Investor deeming a Put closed (a "CLOSINGClosing") shall occur on the date which is no later than Seven (7) seven Trading Days following the applicable Put Notice Date or when the Investor deems a Put closed (each a "CLOSING DATEClosing Date"). Prior to each Closing Date, (i) the Company shall deliver to the InvestorInvestor pursuant to the this Agreement, certificates representing the Shares to be issued to the Investor on such date and registered in the name of the Investor Investor; and (ii) the Investor shall deliver to the Company the Purchase Price to be paid for such Shares, determined as set forth in Section 2(b) and (d), by wire transfer. accordance with the terms of this Agreement.. In lieu of delivering physical certificates representing the Securities and provided that the Company's transfer agent then is participating in The Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of the Investor, the Company shall use its commercially reasonable efforts to cause its transfer agent to electronically transmit the Securities by crediting the account of the Investor's prime broker (which shall be specified by the Investor a reasonably sufficient time in advance) with DTC through its Deposit Withdrawal Agent Commission ("DWAC") system.

Appears in 1 contract

Samples: Investment Agreement (Organitech Usa Inc)

MECHANICS OF PURCHASE OF SHARES BY INVESTOR. Subject to the satisfaction of the conditions set forth in Sections 2(f), 7 and 8, the closing of the purchase by the Investor of Shares or the Investor deeming a Put closed (a "CLOSINGClosing") shall occur on the date which is no later than Seven seven (7) Trading Days following the applicable Put Notice Date or when the Investor deems a Put closed (each a "CLOSING DATEClosing Date"). Prior to each Closing Date, (iI) the Company shall deliver to the InvestorInvestor pursuant to the this Agreement, certificates representing the Shares to be issued to the Investor on such date and registered in the name of the Investor Investor; and (iiII) the Investor shall deliver to the Company the Purchase Price to be paid for such Shares, determined as set forth in Section Sections 2(b) and (d2(d), by wire transfer. In lieu of delivering physical certificates representing the Securities and provided that the Company's transfer agent then is participating in The Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of the Investor, the Company shall use its commercially reasonable efforts to cause its transfer agent to electronically transmit the Securities by crediting the account of the Investor's prime broker (which shall be specified by the Investor a reasonably sufficient time in advance) with DTC through its Deposit Withdrawal Agent Commission ("DWAC") system.

Appears in 1 contract

Samples: Investment Agreement (Gameznflix Inc)

MECHANICS OF PURCHASE OF SHARES BY INVESTOR. Subject to the satisfaction of the conditions set forth in Sections 2(f2(d), 7 6 and 87, the closing of the purchase by the Investor of Shares (a "CLOSINGClosing") shall occur on the date which is no later than Seven seven (7) Trading Days following the applicable Put Notice Date (each a "CLOSING DATEClosing Date"). Prior to each Closing Date, (i) the Company shall deliver to the InvestorInvestor pursuant to this Agreement, certificates representing the Shares to be issued to the Investor on such date and registered in the name of the Investor Investor; and (ii) the Investor shall deliver to the Company the Purchase Price to be paid for such Shares, determined as set forth in Section 2(b) and (d), by wire transfer. In lieu of delivering physical certificates representing the Securities and provided that the Company's transfer agent then is participating in The Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon written request of the Investor, the Company shall use its all commercially reasonable efforts to cause its transfer agent to electronically transmit the Securities by crediting the account of the Investor's prime broker (which shall be as specified by the Investor within a reasonably sufficient time in advanceadvance of the Investor's notice) with DTC through its Deposit Withdrawal Agent Commission ("DWAC") system.

Appears in 1 contract

Samples: Investment Agreement (China Sun Group High-Tech Co)

MECHANICS OF PURCHASE OF SHARES BY INVESTOR. Subject to the satisfaction of the conditions set forth in Sections 2(f), 7 and 8, the closing of the purchase by the Investor of Shares or the Investor deeming a Put closed (a "CLOSING") shall occur on the date which is no later than Seven (7) Trading Days following the applicable Put Notice Date or when the Investor deems a Put closed (each a "CLOSING DATE"). Prior to each Closing Date, (i) the Company shall deliver to the Investor, certificates representing the Shares to be issued to the Investor on such date and registered in the name of the Investor and (ii) the Investor shall deliver to the Company the Purchase Price to be paid for such Shares, determined as set forth in Section 2(b) and (d), by wire transfer. In lieu of delivering physical certificates representing the Securities and provided that the Company's transfer agent then is participating in The Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of the Investor, the Company shall use its commercially reasonable efforts to cause its transfer agent to electronically transmit the Securities by crediting the account of the Investor's prime broker (which shall be specified by the Investor a reasonably sufficient time in advance) with DTC through its Deposit Withdrawal Agent Commission ("DWAC") system.

Appears in 1 contract

Samples: Investment Agreement (On the Go Healthcare Inc)

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MECHANICS OF PURCHASE OF SHARES BY INVESTOR. Subject to the satisfaction of the conditions set forth in Sections 2(f), 7 and 8, the closing of the purchase by the Investor of Shares (a "CLOSING"“Closing”) shall occur on the date which is no later than Seven (7) seven Trading Days following the applicable Put Notice Date (each a "CLOSING DATE"“Closing Date”). Prior to each Closing Date, (i) the Company shall deliver to the InvestorInvestor pursuant to the this Agreement, certificates representing the Shares to be issued to the Investor on such date and registered in the name of the Investor Investor; and (ii) the Investor shall deliver to the Company the Purchase Price to be paid for such Shares, determined as set forth in Section 2(b) and (d), by wire transferaccordance with the terms of this Agreement. In lieu of delivering physical certificates representing the Securities and provided that the Company's ’s transfer agent then is participating in The Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of the Investor, the Company shall use its commercially reasonable efforts to cause its transfer agent to electronically transmit the Securities by crediting the account of the Investor's ’s prime broker (which shall be specified by the Investor a reasonably sufficient time in advance) with DTC through its Deposit Withdrawal Agent Commission ("DWAC") system.

Appears in 1 contract

Samples: Investment Agreement (Next Inc/Tn)

MECHANICS OF PURCHASE OF SHARES BY INVESTOR. Subject to the satisfaction of the conditions set forth in Sections 2(f), 7 and 8, the closing of the purchase by the Investor of Shares (a "CLOSING"“Closing”) shall occur on the date which is no later than Seven (7) thirteen Trading Days following the applicable Put Notice Date (each a "CLOSING DATE"“Closing Date”). Prior to each Closing Date, (i) the Company shall deliver to the InvestorInvestor pursuant to the this Agreement, certificates representing the Shares to be issued to the Investor on such date and registered in the name of the Investor Investor; and (ii) the Investor shall deliver to the Company the Purchase Price to be paid for such Shares, determined as set forth in Section 2(b) and (d), by wire transferaccordance with the terms of this Agreement. In lieu of delivering physical certificates representing the Securities and provided that the Company's ’s transfer agent then is participating in The Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of the Investor, the Company shall use its commercially reasonable efforts to cause its transfer agent to electronically transmit the Securities by crediting the account of the Investor's ’s prime broker (which shall be specified by the Investor a reasonably sufficient time in advance) with DTC through its Deposit Withdrawal Agent Commission ("DWAC") system.

Appears in 1 contract

Samples: Investment Agreement (Cal Bay International Inc)

MECHANICS OF PURCHASE OF SHARES BY INVESTOR. Subject to the satisfaction of the conditions set forth in Sections 2(f), 7 and 8, the closing of the purchase by the Investor of Shares (a "CLOSINGClosing") shall occur on the date which is no later than Seven (7) seven Trading Days following the applicable Put Notice Date (each a "CLOSING DATEClosing Date"). Prior to each Closing Date, (i) the Company shall deliver to the InvestorInvestor pursuant to the this Agreement, certificates representing the Shares to be issued to the Investor on such date and registered in the name of the Investor Investor; and (ii) the Investor shall deliver to the Company the Purchase Price to be paid for such Shares, determined as set forth in Section 2(b) accordance with the terms of this Agreement. The Company shall use a nationally recognized overnight delivery (and (d), by wire transferprovide a tracking number for package)service to deliver the certificates to the address listed on the Put settlement sheet. In lieu of delivering physical certificates representing the Securities and provided that the Company's transfer agent then is participating in The Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of the Investor, the Company shall use its commercially reasonable efforts to cause its transfer agent to electronically transmit the Securities by crediting the account of the Investor's prime broker (which shall be specified by the Investor a reasonably sufficient time in advance) with DTC through its Deposit Withdrawal Agent Commission ("DWAC") system.

Appears in 1 contract

Samples: Investment Agreement (Gk Intelligent Systems Inc)

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