Payment for Common Stock. All payments for Common Stock subscribed for in the Subscription and Community Offering (if any), must be delivered in full to the Bank, together with a properly completed and executed Order Form, on or prior to the expiration date specified on the Order Form or purchase order, as the case may be, unless such date is extended by the Bank; provided, however, that if the Employee Plans subscribe for shares during the Subscription Offering, the Employee Plans will not be required to pay for the shares at the time they subscribe but rather may pay for such shares of Common Stock upon consummation of the Offering. The Bank may make scheduled discretionary contributions to Employee Plans provided such contributions do not cause the Bank to fail to meet its regulatory capital requirement. Notwithstanding the foregoing, the Bank and the Stock Holding Company shall have the right, in their sole discretion, to permit institutional investors to submit contractually irrevocable orders in the Community Offering (if any), and to thereafter submit payment for the Common Stock for which they are subscribing in the Community Offering (if any), at any time prior to the completion of the Stock Offering. Payment for Common Stock subscribed for shall be made either in cash (if delivered in person), check or money order. Alternatively, subscribers in the Subscription and Community Offering (if any) may pay for the shares subscribed for by authorizing the Bank on the Order Form to make a withdrawal from the subscriber's Savings Account at the Bank in an amount equal to the purchase price of such shares. Such authorized withdrawal, whether from a savings passbook or certificate account, shall be without penalty as to premature withdrawal. If the authorized withdrawal is from a certificate account, and the remaining balance does not meet the applicable minimum balance requirement, the certificate shall be canceled at the time of withdrawal, without penalty, and the remaining balance will earn interest at the passbook rate. Funds for which a withdrawal is authorized will remain in the subscriber's Savings Account but may not be used by the subscriber until the Common Stock has been sold or the 45-day period (or such longer period as may be approved by the OTS) following the Subscription Offering has expired, whichever occurs first. Thereafter, the withdrawal will be given effect only to the extent necessary to satisfy the subscription (to the extent it can be filled) at the Purchas...
Payment for Common Stock. At each Closing, for all of the Shares issued in such Closing, each Investor participating in such Closing shall pay to the Company, in the aggregate, the amount obtained by multiplying the Purchase Price by the number of Shares set forth opposite such Investor’s name on EXHIBIT A-1 or EXHIBIT A-2 attached hereto, as applicable. The Investors shall pay the purchase price for the Shares by wire transfers of immediately available funds to an account designated in writing by the Company.
Payment for Common Stock. At the Closing Date, for all of the Shares, the Investors shall pay to the Company, in the aggregate, the Purchase Price. The Investors will pay the Purchase Price by wire transfers of immediately available funds to an account designated in writing by the Company.
Payment for Common Stock. Payment of the Purchase Price shall be made simultaneously with the execution and delivery of this Subscription Agreement. Payment shall be made by check payable to the Escrow Agent (as defined below) in New Israeli Shequels based on the representative exchange rate on the date of payment. If this subscription is not accepted by December 15, 2007 or the Offering is terminated by the Company for any reason, all documents, together with the Purchase Price (without interest), will be returned to the Subscriber by the Escrow Agent. If this subscription is accepted by the Company, the Escrow Agent will deliver the Purchase Price to the Company and the Company will deliver a certificate representing the shares of Common Stock purchased by the Subscriber to the Subscriber promptly following such acceptance. Xxxx Xxxxxx, Advocate (the "Escrow Agent") is hereby appointed by the Subscriber and the Company as Escrow Agent for the acceptance of the Purchase Price from Subscriber, and the Escrow Agent hereby accepts such appointment and agrees to act in accordance with the terms and conditions of this Section 2 and instructions given pursuant hereto. Subscriber acknowledges that the Purchase Price is to be held by Escrow Agent in a non interest bearing account. In performing any of its duties hereunder, or upon the claimed failure to perform hereunder, the Escrow Agent shall not be liable to anyone for any damages, losses, or expenses which they may incur as a result of the Escrow Agent so acting, or failing to act. Subscriber and the Company hereby agree to indemnify and hold harmless the Escrow Agent against any and all losses, claims, damages, costs, liabilities and expenses, including, without limitation, reasonable costs of investigation and counsel fees and disbursements which may be imposed by the Escrow Agent or incurred by it in connection with its acceptance of this appointment as Escrow Agent hereunder or the performance of its duties hereunder. The Escrow Agent shall not be entitled to any fee in connection with its services hereunder. The Escrow Agent services hereunder are administrative in nature. The Escrow Agent shall not have any duties hereunder except those specifically set forth herein.
Payment for Common Stock. At the Closing Date, the Purchaser shall pay the Purchase Price to the Company.
Payment for Common Stock. Subscriber agrees that the Subscription Price to the Company for the Shares is to be made upon submission by check or by wire transfer to an account designated by the Company. Such funds will be returned promptly, without interest or offset if Purchaser’s subscription is not accepted by the Company for any reason or no reason.
Payment for Common Stock. Sub shall have accepted for payment and paid for a number of shares of Common Stock tendered pursuant to the Offer that satisfies the Minimum Condition; provided that the foregoing shall not be a condition to Parent's and Sub's obligation to consummate the Merger if Sub's failure to purchase any shares of Common Stock violates the terms of the Offer.
Payment for Common Stock. Manner of Exercising Subscription Rights Through Order Forms..
Payment for Common Stock. If at any time Holdings elects or is required to purchase any shares of Common Stock pursuant to Section 7.2 or Section 7.3, Holdings shall pay the purchase price for the shares of Common Stock it purchases (i) first, by the cancellation of any indebtedness, if any, owing from the Stockholder to Holdings or any of its Subsidiaries (which indebtedness shall be applied pro rata against the proceeds receivable by each member of the Stockholder Group receiving consideration in such repurchase) and (ii) then, by Holdings' delivery of a check or wire transfer of immediately available funds for the remainder of the purchase price, if any, against delivery of the certificates or other instruments representing the Common Stock so purchased, duly endorsed; PROVIDED that if any of the conditions set forth in Section 7.5 exists which prohibits such cash payment, the portion of the cash payment so prohibited may be made, to the extent such payment is not prohibited, by Holdings' delivery of a junior subordinated promissory note (which shall be subordinated and subject in right of payment to the prior payment of any debt outstanding under the Credit Agreement and any modifications, renewals, extensions, replacements and refunding of all such indebtedness) of Holdings, substantially in the form of Exhibit A (a "JUNIOR SUBORDINATED NOTE"), in a principal amount equal to the balance of the purchase price, payable in up to five equal annual installments commencing on the first anniversary of the issuance thereof and bearing interest payable annually at the publicly announced prime rate of JP Morgan Chase, on the date of issuance. The Company shall use itx xxxxxxabxx xfforts to repurchase Common Stock pursuant to Section 7.2 and Section 7.3 with cash and/or to prepay any Junior Subordinated Notes issued in connection with a repurchase of Common Stock pursuant to Section 7.2 or Section 7.3, and, in any event shall, within 10 days following the termination or removal of any condition in Section 7.5 that prohibited the repurchase of Common Stock with cash or the repayment of any Junior Subordinated Note, repurchase such Common Stock and/or repay such Junior Subordinated Note to the extent then permitted by Section 7.5 (after giving effect to such repurchase or repayment). If, at any time, the Company can repay some (but not all) of any Junior Subordinated Note as a result of termination or removal of any condition in Section 7.5 that prohibited such repayment, the Company shall...
Payment for Common Stock. Sub shall have accepted for payment and paid for the shares of Common Stock tendered pursuant to the Offer; and
