Common use of Payment for the Offered Securities Clause in Contracts

Payment for the Offered Securities. The Initial Shares and the Initial ADS (and, as the case may be, the Option ADS) are being offered as part of a single capital increase at a price of $[ ] per ADS (the “ADS Purchase Price”), corresponding to a price of €[ ] per Ordinary Share (the “Share Purchase Price”) based upon the exchange rate as in effect on the date hereof, as agreed between the Company and the Representative, multiplied by 10 (the number of Ordinary Shares underlying each ADS), and exclusive of the commissions set forth in Section 2(f) below. Payment of the Share Purchase Price or the ADS Purchase Price, as applicable, for the Offered Securities in the U.S. Offering and the European Placement, respectively, shall be made on behalf of the Representative and the European Placement Agent, respectively, on or prior to the First Closing Date (and, as the case may be, by the Representative on or prior to the Option Closing Date) by wire transfer of immediately available funds to the account or accounts designated by the Company in writing at least two business days prior to the First Closing Date, which account(s) shall be held at [ ], as transfer agent and registrar of the Company (the “Registrar”), for purposes of settlement and delivery of the Offered Securities. No later than [ ] A.M./P.M. Central European Time on the First Closing Date and, as the case may be, the Option Closing Date, the Registrar shall issue the depositary certificate (certificat du dépositaire) in accordance with Article L. 225-146 of the French Commercial Code, relating to the capital increase, and, as the case may be, the additional capital increase, of the Company, and shall deliver [two] originals of such certificate [to the European Placement Agent who shall deliver it to the to the Company, with a copy to the Representative]. At least one full business day prior to the First Closing Date, the Company shall have taken all actions and provided the Registrar with all notices, documents, corporate authorizations or other instruments necessary or required to effectuate the issuance of the certificat du dépositaire referred herein.

Appears in 1 contract

Samples: Underwriting Agreement (Biophytis SA)

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Payment for the Offered Securities. The Initial Firm Shares (and, as the case may be, the Optional Shares) and the Initial Firm ADS (and, as the case may be, the Option Optional ADS) are being offered as part of a single capital increase at a an identical price of $[ [offering price] per ADS (the “ADS Purchase Price”), ) corresponding to a price of [ [offering price] per Ordinary Share (the “Share Purchase Price” and, together with the ADS Purchase Price, the “Offering Price”) based upon the exchange rate as in effect on the date hereof, as agreed between the Company and the Representative, multiplied by 10 (the number of Ordinary Shares underlying each ADS)Representatives, and exclusive of the commissions set forth in Section 2(f) below. Payment of the Share Purchase Price or the ADS Purchase Price, as applicable, for the Offered Securities in the U.S. Offering and the European Placement, respectively, shall be made on behalf of the Representative and the European Placement Agent, respectively, on or prior to the First Closing Date (and, as the case may be, by the Representative on or prior to the Option Closing Date) by wire transfer of immediately available funds to the account or accounts designated by the Company in writing at least two business days prior to the First Closing Date, which account(s) account shall be held at [ ]Société Générale Securities Services, as transfer agent and registrar of the Company (the “Registrar”), by Jefferies, as Representative of the Underwriters for purposes of settlement and delivery of the Offered Securities. No later than [ ] A.M./P.M. 10:00 am Central European Time on the First Closing Date and, as the case may be, the Option Closing Date, the Registrar shall issue the depositary certificate (certificat du dépositaire) in accordance with Article L. 225-146 of the French Commercial Code, relating to the capital increase, and, as the case may be, the additional capital increase, of the Company, and shall deliver [two] two originals of such certificate [to the European Placement Agent who shall deliver it to the to the Company, with a copy to the Representative]. At least one full business day prior to the First Closing Date, the Company shall have taken all actions and provided the Registrar with all notices, documents, corporate authorizations or other instruments necessary or required to effectuate the issuance of the certificat du dépositaire referred herein.

Appears in 1 contract

Samples: Underwriting Agreement (Erytech Pharma S.A.)

Payment for the Offered Securities. The Initial Firm Shares and the Initial ADS Firm ADSs (and, as the case may be, the Option ADSADSs) are being offered as part of a single capital increase at a an identical price of $[ ] 5.36 per ADS (the “ADS Purchase Price”), ) corresponding to a price of [ ] 5.07 per Ordinary Share (the “Share Purchase Price” and, together with the ADS Purchase Price, the “Offering Price”) based upon the exchange rate as in effect on the date hereofrate, as agreed between the Company and the Representative, multiplied by 10 (the number of Ordinary Shares underlying each ADS)Representatives, and exclusive of the commissions set forth in Section 2(f) below. Payment of the Share Purchase Price or the ADS Purchase Price, as applicable, for the Offered Securities in the U.S. Offering and the European Placement, respectively, shall be made on behalf of to the Representative and the European Placement Agent, respectively, Company on or prior to the First Closing Date (and, as the case may be, by the Representative on or prior to the Option Closing Date) (i) in Euros with respect to the Firm Shares by wire transfer or credit of immediately available funds of an amount equal to the product of 2,492,223 Firm Shares sold in the European Offering by the Ordinary Share Purchase Price to the account or accounts designated by the Company in writing at least two business days prior to the First Closing Date (or the Option Closing Date, as the case may be), which account(s) account shall be held at [ ]CM-CIC Securities, as transfer agent and registrar of the Company (the “Registrar”), by the European Representative for purposes of settlement and delivery of the Firm Shares and (ii) in United States dollars with respect to the Firm ADSs (or Option ADSs, as the case may be) by wire transfer or credit of immediately available funds of an amount equal to the product of the 3,106,907 Firm ADSs (or the Option ADSs, as the case may be) sold in the U.S. Offering by the ADS Purchase Price to the account or accounts designated by the Company in writing at least two business days prior to the First Closing Date (or the Option Closing Date, as the case may be), which account shall be held at the Registrar, by Jefferies as Representative of the Underwriters for purposes of settlement and delivery of the Offered SecuritiesADSs. No later than [ ] A.M./P.M. 10:00 a.m. Central European Time on the First Closing Date and, as the case may be, the Option Closing Date, the Registrar shall issue the one depositary certificate (certificat du dépositaire) in accordance with Article L. 225-146 of the French Commercial Code, relating to the capital increase, and, as the case may be, the additional capital increase, of the Company, and shall deliver [two] three originals of such certificate [to the European Placement Agent who shall deliver it to the to the Company, with a copy to the Representative]. At least one full business day prior to the First Closing Date, the Company shall have taken all actions and provided the Registrar with all notices, documents, corporate authorizations or other instruments necessary or required to effectuate the issuance of the certificat du dépositaire referred herein.

Appears in 1 contract

Samples: Underwriting Agreement (Nanobiotix S.A.)

Payment for the Offered Securities. The Initial Firm Shares (and, as the case may be, the Option Shares) and the Initial Firm ADS (and, as the case may be, the Option Optional ADS) are being offered as part of a single capital increase at a an identical price of $[ [●] per ADS (the “ADS Purchase Price”), ) corresponding to a price of [ [●] per Ordinary Share (the “Share Purchase Price” and, together with the ADS Purchase Price, the “Offering Price”) based upon the exchange rate as in effect on the date hereofrate, as agreed between the Company and the Representative, multiplied by 10 (the number of Ordinary Shares underlying each ADS)Representatives, and exclusive of the commissions set forth in Section 2(f) below. Payment of the Share Purchase Price or the ADS Purchase Price, as applicable, for the Offered Securities in the U.S. Offering and the European Placement, respectively, shall be made on behalf of to the Representative and the European Placement Agent, respectively, Company on or prior to the First Closing Date (and, as the case may be, by the Representative on or prior to the Option Closing Date) (i) in Euros with respect to the Firm Shares (or Option Shares, as the case may be) by wire transfer or credit of immediately available funds of an amount equal to the product of [●] Firm Shares (or Option Shares, as the case may be) sold in the European Offering by the Ordinary Share Purchase Price to the account or accounts designated by the Company in writing at least two business days prior to the First Closing Date (or the Option Closing Date, as the case may be), which account(s) account shall be held at [ ]CM-CIC Securities, as transfer agent and registrar of the Company (the “Registrar”), by any of the European Representatives for purposes of settlement and delivery of the Offered SecuritiesShares and (ii) in United States dollars with respect to the Firm ADSs (or Option ADSs, as the case may be) by wire transfer or credit of immediately available funds of an amount equal to the product of the [●] Firm ADSs (or Option ADSs, as the case may be) sold in the U.S. Offering by the ADS Purchase Price to the account or accounts designated by the Company in writing at least two business days prior to the First Closing Date (or the Option Closing Date, as the case may be), which account shall be held at the Registrar, by Jefferies as Representative of the U.S. Underwriters for purposes of settlement and delivery of the Offered ADSs. No later than [ [10:00] A.M./P.M. a.m. Central European Time on the First Closing Date and, as the case may be, the Option Closing Date, the Registrar shall issue the depositary certificate (certificat du dépositaire) in accordance with Article L. 225-146 of the French Commercial Code, relating to the capital increase, and, as the case may be, the additional capital increase, of the Company, and shall deliver [two] two originals of such certificate [to the European Placement Agent who shall deliver it to the to the Company, with a copy to the Representative]. At least one full business day prior to the First Closing Date, the Company shall have taken all actions and provided the Registrar with all notices, documents, corporate authorizations or other instruments necessary or required to effectuate the issuance of the certificat du dépositaire referred herein.

Appears in 1 contract

Samples: Underwriting Agreement (Nanobiotix S.A.)

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Payment for the Offered Securities. The Initial Shares (and, as the case may be, the Option Shares) and the Initial ADS (and, as the case may be, the Option ADS) are being offered as part of a single capital increase at a an identical price of $[ ] per ADS (the “ADS Purchase Price”), ) corresponding to a price of [ ] per Ordinary Share (the “Share Purchase Price” and, together with the ADS Purchase Price, the “Offering Price”) based upon the exchange rate as in effect on the date hereof, as agreed between the Company and the Representative, multiplied by 10 (the number of Ordinary Shares underlying each ADS)Representatives, and exclusive of the commissions set forth in Section 2(f) below. Payment of the Share Purchase Price or the ADS Purchase Price, as applicable, for the Offered Securities in the U.S. Offering and the European Placement, respectively, shall be made on behalf of the Representative and the European Placement Agent, respectively, Underwriters on or prior to the First Closing Date (and, as the case may be, by the Representative on or prior to the Option Closing Date) by wire transfer of immediately available funds to the account or accounts designated by the Company in writing at least two business days prior to the First Closing Date, which account(s) account shall be held at [ ]BNP Paribas Securities Services, as transfer agent and registrar of the Company (the “Registrar”), for purposes of settlement and delivery of the Offered Securities. No later than [ ] A.M./P.M. Central European Time on the First Closing Date and, as the case may be, the Option Closing Date, the Registrar shall issue the depositary certificate (certificat du dépositaire) in accordance with Article L. 225-146 of the French Commercial Code, relating to the capital increase, and, as the case may be, the additional capital increase, of the Company, and shall deliver [two] two originals of such certificate [to the European Placement Agent who shall deliver it to the to the Company, with a copy to the Representative]. At least one full business day prior to the First Closing Date, the Company shall have taken all actions and provided the Registrar with all notices, documents, corporate authorizations or other instruments necessary or required to effectuate the issuance of the certificat du dépositaire referred herein.

Appears in 1 contract

Samples: Underwriting Agreement (Genfit S.A.)

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