Option Shares and Option Warrants. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company hereby grants to the Underwriters an option to (i) purchase, severally and not 277712584 v11 jointly, all or any portion of the Option Shares at the same purchase price per share as the Underwriters shall pay for the Firm Shares, (ii) purchase, severally and not jointly, all or any portion of the Option Warrants at the same purchase price per Warrant to be paid by the Underwriters for the Common Warrants, for use solely in covering any over-allotments made by the Underwriters in the sale and distribution of the Firm Securities. The option granted hereunder may be exercised in whole or in part at any time (but not more than once) within 30 days after the effective date of this Agreement upon notice (confirmed in writing) by the Representative to the Company setting forth the aggregate number of Option Shares and/or Option Warrants as to which the Underwriters are exercising the option, the names and denominations in which such Option Shares and/or Option Warrants are to be registered and the date and time, as determined by you, when the Option Shares and/or Option Warrants are to be delivered, such time and date being herein referred to as the “Second Closing” and “Second Closing Date,” respectively; provided, however, that the Second Closing Date shall not be earlier than the First Closing Date nor earlier than the second business day after the date on which the option shall have been exercised. The number of Option Shares and/or Option Warrants to be purchased by each Underwriter shall be the same percentage of the total number of Option Shares and/or Option Warrants to be purchased by the Underwriters as the number of Firm Shares and/or Common Warrants to be purchased by such Underwriter is of the total number of Firm Shares and/or Common Warrants to be purchased by the Underwriters, as adjusted by the Representative in such manner as the Representative deems advisable to avoid fractional shares. No Option Shares or Option Warrants shall be sold and delivered unless the Firm Shares or Common Warrants, respectively, have previously been, or simultaneously are, sold and delivered. The Option Shares and/or Option Warrants will be delivered by the Company to you for the accounts of the Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Com...
Option Shares and Option Warrants. For the purposes of covering any over-allotments in connection with the distribution and sale of the Firm Units, the Company hereby grants to the Underwriters an option to purchase from the Company (the “Over-allotment Option”) up to an additional 180,000 shares of Common Stock (the “Option Shares”) and 180,000 Warrants (the “Option Warrants”), the net proceeds of which will be deposited with the Company’s account. The purchase price to be paid per Option Share shall be equal to the price per Unit set forth in Section 1.1.1 minus $0.01. The purchase price to be paid per Option Warrant shall be $0.01. The Option Shares and Option Warrants are referred to as the Option Securities. The Firm Units and the Option Securities are hereinafter referred to together as the “Public Securities.” The offering and sale of the Public Securities is hereinafter referred to as the “Offering.”
Option Shares and Option Warrants. Payment for any Option Shares and/or Option Warrants shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Option Shares and/or Option Warrants for the respective accounts of the several Underwriters at 10:00 a.m. (New York City time), on the date specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than [●], 2020 as shall be designated in writing by the Representatives in the same manner as set forth in the preceding paragraphs of this Section 2. Payment for any Option Shares shall be made as follows:
Option Shares and Option Warrants. Any Option Securities to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative may request upon at least forty-eight hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representative, including, at the option of the Representative, through the facilities of DTC for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative by the Company upon at least forty-eight hours’ prior notice. Upon receipt of the payment, the Company shall request a statement from an EU licensed (branch of a) bank confirming that on the day of receipt of payment the aggregate USD amount paid is at least equal to the aggregate nominal value in EUR of all Option Shares to be issued. The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the date specified by the Representative in the notice given by the Representative to the Company of the Underwriters’ election to purchase such Option Shares or on such other time and date as the Company and the Representative may agree upon in writing.
Option Shares and Option Warrants. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company hereby grants to the Underwriter an option to purchase up to any combination of 6,000,000 Option Shares and/or Option Warrants to purchase 6,000,000 shares of Common Stock at the Per Share Purchase Price and/or the Per Warrant Purchase Price, respectively. The option granted hereunder may be exercised in whole or in part at any time within 30 days after the effective date of this Agreement upon notice (confirmed in writing) by the Underwriter to the Company setting forth the aggregate number of Option Shares and/or Option Warrants as to which the Underwriter is exercising the option and the date and time, as determined by you, when the Option Shares and/or Option Warrants are to be delivered, but in no event earlier than the First Closing Date (as defined below) nor earlier than the second business day or later than the tenth business day after the date on which the option shall have been exercised. No Option Shares or Option Warrants shall be sold and delivered unless the Firm Shares and Firm Warrants previously have been, or simultaneously are, sold and delivered.
