Payment for the. Firm Shares, the Optional Shares and the Warrants purchased from the Company shall be made to the Company or its order by (i) one or more certified or official bank check or checks in same day funds (and the Company agrees not to deposit any such check in the bank on which drawn until the day following the date of its delivery to the Company) or (ii) federal funds same day wire transfer to an account designated by the Company. Such payment shall be made upon delivery of certificates for the Shares and the Warrants to you for your account and the respective accounts of the several Underwriters (including without limitation by "full-fast" electronic transfer by the Depository Trust Company) against receipt therefor signed by you and the payment of the Non-Accountable Expense Allowance to you. Payment for the Non-Accountable Expense Allowance shall be made to the Representative or to their order by (i) one or more certified or official bank check or checks in same day funds, (ii) federal funds same day wire transfer to an account designated by the Representative or (iii) at the option of the Representative, may be deducted from the amount transferred to the Company pursuant to this Section 4(c). Certificates for the Shares and the Warrants to be delivered to you shall be registered in such name or names and shall be in such denominations as you may request at least one business day before the Closing Date, in the case of Firm Shares, the Firm Warrants and the Initial Closing Option Warrants (each as defined in paragraph (p) of Section 5), and at least one business day prior to the purchase thereof, in the case of the Optional Shares and the Option Closing Option Warrants (as defined in paragraph (p) of Section 5). Certificates for the Firm Shares and Optional Shares will be made available to the Underwriters for inspection, checking and packaging at such office or such other place as the Representative may designate not later than 9:30 a.m. Boston time on the business day prior to the Closing Date or, in the case of the Optional Shares, by 9:30 a.m., Boston time, on the business day preceding the date of purchase. It is understood that you, individually and not on behalf of the Underwriters, may (but shall not be obligated to) make payment to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later date on which Optional Shares are purchased for the account of such
Appears in 1 contract
Payment for the. Firm Shares, [Securities] [Notes] purchased by the Optional Shares and the Warrants purchased from the Company Underwriters hereunder shall be made to the Company Seller or to its order by (i) one or more certified or official bank check or checks in wire transfer of same day funds (at the office of Xxxxx, Brown & Xxxxx, 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000 at [10:00 A.M.], Chicago, Illinois, time on __________ __, 200_, or at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative and the Company agrees not to deposit Seller may agree upon in writing (the "Closing Date"). As used herein, the term "Business ------------ -------- Day" means any such check in the bank day other than a day on which drawn until banks generally are permitted or --- required to be closed in New York, New York, Chicago, Illinois or __________, __________. Payment for the day following [Securities] [Notes] purchased by the date of its Underwriters hereunder shall be made against delivery to the Company) or (ii) federal funds same day wire transfer to an account designated by the Company. Such payment shall be made upon delivery of certificates Representative for the Shares and the Warrants to you for your account and the respective accounts of the several Underwriters (including without limitation by "full-fast" electronic transfer on the Closing Date of such [Securities] [Notes] in definitive form registered in the name of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Depository Trust Company) against receipt therefor signed by you and the payment of the Non-Accountable Expense Allowance to you. Payment for the Non-Accountable Expense Allowance shall be made to Basic Documents, as the Representative or shall request in writing not later than a reasonable time prior to their order by (i) one or more certified or official bank check or checks in same day funds, (ii) federal funds same day wire transfer to an account designated by the Representative or (iii) at the option of the Representative, may be deducted from the amount transferred to the Company pursuant to this Section 4(c). Certificates for the Shares and the Warrants to be delivered to you shall be registered in such name or names and shall be in such denominations as you may request at least one business day before the Closing Date, with any transfer taxes payable in connection with the case of Firm Shares, the Firm Warrants and the Initial Closing Option Warrants (each as defined in paragraph (p) of Section 5), and at least one business day prior to the purchase thereof, in the case of the Optional Shares and the Option Closing Option Warrants (as defined in paragraph (p) of Section 5). Certificates for the Firm Shares and Optional Shares will be made available transfer to the Underwriters of the [Securities] [Notes] duly paid by the Seller. [The Seller shall make such definitive certificates representing the [Securities] [Notes] available for inspection, checking and packaging at such office or such other place as inspection by the Representative may designate at the office of ____________________ not later than 9:30 a.m. Boston time [1:00 P.M.], [City, State] time, on the business day Business Day prior to the Closing Date or, in the case of the Optional Shares, by 9:30 a.m., Boston time, on the business day preceding the date of purchase. It is understood that you, individually and not on behalf of the Underwriters, may (but shall not be obligated to) make payment to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later date on which Optional Shares are purchased for the account of suchDate.]
Appears in 1 contract
Samples: Underwriting Agreement (M&i Dealer Auto Securitization LLC)
Payment for the. Firm Shares, [Securities] [Notes] purchased by the Optional Shares and the Warrants purchased from the Company Underwriters hereunder shall be made to the Company or to its order by (i) one or more certified or official bank check or checks in wire transfer of same day funds (at the office of [___________], New York, New York, time on __________ __, 200_, or at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative and the Company agrees not to deposit may agree upon in writing (the "Closing Date"). As used herein, the term "Business Day" means any such check in the bank day other than a day on which drawn until banks generally are permitted or required to be closed in New York, New York, or __________, __________. Payment for the day following [Securities] [Notes] purchased by the date of its Underwriters hereunder shall be made against delivery to the Company) or (ii) federal funds same day wire transfer to an account designated by the Company. Such payment shall be made upon delivery of certificates Representative for the Shares and the Warrants to you for your account and the respective accounts of the several Underwriters (including without limitation by "full-fast" electronic transfer on the Closing Date of such [Securities] [Notes] in definitive form registered in the name of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Depository Trust Company) against receipt therefor signed by you and the payment of the Non-Accountable Expense Allowance to you. Payment for the Non-Accountable Expense Allowance shall be made to Basic Documents, as the Representative or shall request in writing not later than a reasonable time prior to their order by (i) one or more certified or official bank check or checks in same day funds, (ii) federal funds same day wire transfer to an account designated by the Representative or (iii) at the option of the Representative, may be deducted from the amount transferred to the Company pursuant to this Section 4(c). Certificates for the Shares and the Warrants to be delivered to you shall be registered in such name or names and shall be in such denominations as you may request at least one business day before the Closing Date, with any transfer taxes payable in connection with the case of Firm Shares, the Firm Warrants and the Initial Closing Option Warrants (each as defined in paragraph (p) of Section 5), and at least one business day prior to the purchase thereof, in the case of the Optional Shares and the Option Closing Option Warrants (as defined in paragraph (p) of Section 5). Certificates for the Firm Shares and Optional Shares will be made available transfer to the Underwriters of the [Securities] [Notes] duly paid by the Company. [The Company shall make such definitive certificates representing the [Securities] [Notes] available for inspection, checking and packaging at such office or such other place as inspection by the Representative may designate at the office of ____________________ not later than 9:30 a.m. Boston time [1:00 P.M.], [City, State] time, on the business day Business Day prior to the Closing Date or, in the case of the Optional Shares, by 9:30 a.m., Boston time, on the business day preceding the date of purchase. It is understood that you, individually and not on behalf of the Underwriters, may (but shall not be obligated to) make payment to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later date on which Optional Shares are purchased for the account of suchDate.]
Appears in 1 contract
Payment for the. Firm Shares, [Securities] [Notes] purchased by the Optional Shares and the Warrants purchased from the Company Underwriters hereunder shall be made to the Company or to its order by (i) one or more certified or official bank check or checks in wire transfer of same day funds (at the office of Mayer, Brown & Platt, [1675 Broadway, New York, New York 10019] at [10:00 X.M.], New Xxxx, Nex Xxxx, xxxx xx __________ __, 000_, xx at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative and the Company agrees not to deposit may agree upon in writing (the "Closing Date"). As used herein, the term "Business Day" means any such check in the bank day other than a day on which drawn until banks generally are permitted or required to be closed in New York, New York, or __________, __________. Payment for the day following [Securities] [Notes] purchased by the date of its Underwriters hereunder shall be made against delivery to the Company) or (ii) federal funds same day wire transfer to an account designated by the Company. Such payment shall be made upon delivery of certificates Representative for the Shares and the Warrants to you for your account and the respective accounts of the several Underwriters (including without limitation by "full-fast" electronic transfer on the Closing Date of such [Securities] [Notes] in definitive form registered in the name of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Depository Trust Company) against receipt therefor signed by you and the payment of the Non-Accountable Expense Allowance to you. Payment for the Non-Accountable Expense Allowance shall be made to Basic Documents, as the Representative or shall request in writing not later than a reasonable time prior to their order by (i) one or more certified or official bank check or checks in same day funds, (ii) federal funds same day wire transfer to an account designated by the Representative or (iii) at the option of the Representative, may be deducted from the amount transferred to the Company pursuant to this Section 4(c). Certificates for the Shares and the Warrants to be delivered to you shall be registered in such name or names and shall be in such denominations as you may request at least one business day before the Closing Date, with any transfer taxes payable in connection with the case of Firm Shares, the Firm Warrants and the Initial Closing Option Warrants (each as defined in paragraph (p) of Section 5), and at least one business day prior to the purchase thereof, in the case of the Optional Shares and the Option Closing Option Warrants (as defined in paragraph (p) of Section 5). Certificates for the Firm Shares and Optional Shares will be made available transfer to the Underwriters of the [Securities] [Notes] duly paid by the Company. [The Company shall make such definitive certificates representing the [Securities] [Notes] available for inspection, checking and packaging at such office or such other place as inspection by the Representative may designate at the office of ____________________ not later than 9:30 a.m. Boston time [1:00 P.M.], [City, State] time, on the business day Business Day prior to the Closing Date or, in the case of the Optional Shares, by 9:30 a.m., Boston time, on the business day preceding the date of purchase. It is understood that you, individually and not on behalf of the Underwriters, may (but shall not be obligated to) make payment to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later date on which Optional Shares are purchased for the account of suchDate.]
Appears in 1 contract
Payment for the. Firm Shares, the Optional Shares and the Warrants purchased from the Company shall be made to the Company in Federal or its order by (i) one or more certified or official bank check or checks other funds immediately available in same day funds (and the Company agrees not to deposit any such check in the bank on which drawn until the day following the date of its delivery to the Company) or (ii) federal funds same day wire transfer to an account designated by the Company. Such payment shall be made upon New York City against delivery of certificates such Firm Shares for the Shares and the Warrants to you for your account and the respective accounts of the several Underwriters (including without limitation at 10:00 A.M., New York City time, on [_____________, 1997], or at such other time on the same or such other date, not later than [_____________, 1997], as shall be designated in writing by you. The time and date of such payment are hereinafter referred to as the "full-fast" electronic transfer by the Depository Trust Company) against receipt therefor signed by you and the payment of the Non-Accountable Expense Allowance to youClosing Date". Payment for the Non-Accountable Expense Allowance Additional Shares shall be made to the Representative Company in Federal or to their order by (i) one or more certified or official bank check or checks other funds immediately available in same day funds, (ii) federal funds same day wire transfer to an account designated by New York City against delivery of such Additional Shares for the Representative or (iii) at the option respective accounts of the Representativeseveral Underwriters at 10:00 A.M., may be deducted from New York City time, on the amount transferred to date specified in the Company pursuant to this Section 4(c). Certificates for notice described in Article II or at such other time on the Shares and the Warrants to be delivered to you same or on such other date, in any event not later than [____________, 1997] as shall be registered designated in writing by you. The time and date of such name or names and shall be in such denominations payment are hereinafter referred to as you may request at least one business day before the "Option Closing Date, in the case of Firm Shares, the Firm Warrants and the Initial Closing Option Warrants (each as defined in paragraph (p) of Section 5), and at least one business day prior to the purchase thereof, in the case of the Optional Shares and the Option Closing Option Warrants (as defined in paragraph (p) of Section 5). ." Certificates for the Firm Shares and Optional Additional Shares will shall be made available to the Underwriters for inspection, checking in definitive form and packaging at registered in such office or names and in such other place denominations as the Representative may designate you shall request in writing not later than 9:30 a.m. Boston time on the one full business day prior to the Closing Date oror the Option Closing Date, in as the case of may be. The certificates evidencing the Optional Shares, by 9:30 a.m., Boston time, on the business day preceding the date of purchase. It is understood that you, individually Firm Shares and not on behalf of the Underwriters, may (but Additional Shares shall not be obligated to) make payment delivered to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later date on which Optional Shares are purchased the Option Closing Date, as the case may be, for the account respective accounts of suchthe several Underwriters, with any transfer taxes payable in connection with the transfer of the Shares to the Underwriters duly paid, against payment of the Purchase Price therefor.
Appears in 1 contract
Payment for the. Firm Shares, [Securities] [Notes] purchased by the Optional Shares and the Warrants purchased from the Company Underwriters hereunder shall be made to the Company or to its order by (i) one or more certified or official bank check or checks in wire transfer of same day funds (at the office of Xxxxx, Brown & Xxxxx, 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000 at [10:00 A.M.], Chicago, Illinois, time on __________ __, 200_, or at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative and the Company agrees not to deposit may agree upon in writing (the "Closing Date"). As used herein, the term "Business Day" means any such check in the bank day other than a day on which drawn until banks generally are permitted or required to be closed in New York, New York, Chicago, Illinois or __________, __________. Payment for the day following [Securities] [Notes] purchased by the date of its Underwriters hereunder shall be made against delivery to the Company) or (ii) federal funds same day wire transfer to an account designated by the Company. Such payment shall be made upon delivery of certificates Representative for the Shares and the Warrants to you for your account and the respective accounts of the several Underwriters (including without limitation by "full-fast" electronic transfer on the Closing Date of such [Securities] [Notes] in definitive form registered in the name of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Depository Trust Company) against receipt therefor signed by you and the payment of the Non-Accountable Expense Allowance to you. Payment for the Non-Accountable Expense Allowance shall be made to Basic Documents, as the Representative or shall request in writing not later than a reasonable time prior to their order by (i) one or more certified or official bank check or checks in same day funds, (ii) federal funds same day wire transfer to an account designated by the Representative or (iii) at the option of the Representative, may be deducted from the amount transferred to the Company pursuant to this Section 4(c). Certificates for the Shares and the Warrants to be delivered to you shall be registered in such name or names and shall be in such denominations as you may request at least one business day before the Closing Date, with any transfer taxes payable in connection with the case of Firm Shares, the Firm Warrants and the Initial Closing Option Warrants (each as defined in paragraph (p) of Section 5), and at least one business day prior to the purchase thereof, in the case of the Optional Shares and the Option Closing Option Warrants (as defined in paragraph (p) of Section 5). Certificates for the Firm Shares and Optional Shares will be made available transfer to the Underwriters of the [Securities] [Notes] duly paid by the Company. [The Company shall make such definitive certificates representing the [Securities] [Notes] available for inspection, checking and packaging at such office or such other place as inspection by the Representative may designate at the office of ____________________ not later than 9:30 a.m. Boston time [1:00 P.M.], [City, State] time, on the business day Business Day prior to the Closing Date or, in the case of the Optional Shares, by 9:30 a.m., Boston time, on the business day preceding the date of purchase. It is understood that you, individually and not on behalf of the Underwriters, may (but shall not be obligated to) make payment to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later date on which Optional Shares are purchased for the account of suchDate.]
Appears in 1 contract
Payment for the. Firm Shares, the Optional Shares and the Warrants purchased from the Company shall be made to the Company or its order -------------------- by (i) one or more certified or official bank check or checks in same day funds (and payable to the order of the Company agrees in New York Clearing House funds at the office of Xxxxx Xxxx & Xxxxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, at 10:00 A.M., local time, on _________, 1996, or at such other time on the same or such other date, not to deposit any such check later than __________, 1996 as shall be designated in the bank on which drawn until the day following the writing by you. The time and date of its delivery such payment are hereinafter referred to as the Company) or (ii) federal funds same day wire transfer to an account designated by the Company"Closing Date". Such payment Payment for any Additional Shares shall be made upon delivery of certificates for the Shares and the Warrants to you for your account and the respective accounts of the several Underwriters (including without limitation by "full-fast" electronic transfer by the Depository Trust Company) against receipt therefor signed by you and the payment of the Non-Accountable Expense Allowance to you. Payment for the Non-Accountable Expense Allowance shall be made to the Representative or to their order by (i) one or more certified or official bank check or checks payable to the order of the Company in same day fundsNew York Clearing House funds at the office of Xxxxx Xxxx & Xxxxxxxx, (ii) federal funds same day wire transfer to an account 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, at 10:00 A.M., local time, on the date specified in the notice described in Section 2 or on such other date, in any event not later than _________, 1996, as shall be designated in writing by the Representative or (iii) at U.S. Representatives. The time and date of such payment are hereinafter referred to as the option of the Representative, may be deducted from the amount transferred to the Company pursuant to this Section 4(c). Certificates for the Shares and the Warrants to be delivered to you shall be registered in such name or names and shall be in such denominations as you may request at least one business day before the "Option Closing Date, in the case of Firm Shares, the Firm Warrants and the Initial Closing Option Warrants (each as defined in paragraph (p) of Section 5), and at least one business day prior to the purchase thereof, in the case of the Optional Shares and the Option Closing Option Warrants (as defined in paragraph (p) of Section 5)". Certificates for the Firm Shares and Optional Additional Shares will shall be made available to the Underwriters for inspection, checking in definitive form and packaging at registered in such office or names and in such other place denominations as the Representative may designate you shall request in writing not later than 9:30 a.m. Boston time on the two full business day days prior to the Closing Date oror the Option Closing Date, in as the case of may be. The certificates evidencing the Optional Shares, by 9:30 a.m., Boston time, on the business day preceding the date of purchase. It is understood that you, individually Firm Shares and not on behalf of the Underwriters, may (but Additional Shares shall not be obligated to) make payment delivered to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later date on which Optional Shares are purchased the Option Closing Date, as the case may be, for the account respective accounts of suchthe several Underwriters, with any transfer taxes payable in connection with the transfer of the Shares to the Underwriters duly paid, against payment of the purchase price therefor.
Appears in 1 contract
Payment for the. Firm Shares, [Securities] [Notes] purchased by the Optional Shares and the Warrants purchased from the Company Underwriters hereunder shall be made to the Company or to its order by (i) one or more certified or official bank check or checks in wire transfer of same day funds (at the office of Mayxx, Xrown & Plaxx, 0670 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 xx [10:00 A.M.], New York, New York, time on __________ __, 200_, or at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative and the Company agrees not to deposit may agree upon in writing (the "Closing Date"). As used herein, the term "Business Day" means any such check in the bank day other than a day on which drawn until banks generally are permitted or required to be closed in New York, New York, or __________, __________. Payment for the day following [Securities] [Notes] purchased by the date of its Underwriters hereunder shall be made against delivery to the Company) or (ii) federal funds same day wire transfer to an account designated by the Company. Such payment shall be made upon delivery of certificates Representative for the Shares and the Warrants to you for your account and the respective accounts of the several Underwriters (including without limitation by "full-fast" electronic transfer on the Closing Date of such [Securities] [Notes] in definitive form registered in the name of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Depository Trust Company) against receipt therefor signed by you and the payment of the Non-Accountable Expense Allowance to you. Payment for the Non-Accountable Expense Allowance shall be made to Basic Documents, as the Representative or shall request in writing not later than a reasonable time prior to their order by (i) one or more certified or official bank check or checks in same day funds, (ii) federal funds same day wire transfer to an account designated by the Representative or (iii) at the option of the Representative, may be deducted from the amount transferred to the Company pursuant to this Section 4(c). Certificates for the Shares and the Warrants to be delivered to you shall be registered in such name or names and shall be in such denominations as you may request at least one business day before the Closing Date, with any transfer taxes payable in connection with the case of Firm Shares, the Firm Warrants and the Initial Closing Option Warrants (each as defined in paragraph (p) of Section 5), and at least one business day prior to the purchase thereof, in the case of the Optional Shares and the Option Closing Option Warrants (as defined in paragraph (p) of Section 5). Certificates for the Firm Shares and Optional Shares will be made available transfer to the Underwriters of the [Securities] [Notes] duly paid by the Company. [The Company shall make such definitive certificates representing the [Securities] [Notes] available for inspection, checking and packaging at such office or such other place as inspection by the Representative may designate at the office of ____________________ not later than 9:30 a.m. Boston time [1:00 P.M.], [City, State] time, on the business day Business Day prior to the Closing Date or, in the case of the Optional Shares, by 9:30 a.m., Boston time, on the business day preceding the date of purchase. It is understood that you, individually and not on behalf of the Underwriters, may (but shall not be obligated to) make payment to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later date on which Optional Shares are purchased for the account of suchDate.]
Appears in 1 contract
Samples: Underwriting Agreement (Lehman Brothers Asset Securitization LLC)
Payment for the. Firm Shares, the Optional Shares and the Warrants purchased from the Company shall be made to the Company or its order by (i) one or more certified or official bank check or checks in same day funds (and the Company agrees not to deposit any such check in the bank on which drawn until the day following the date of its delivery to the Company) or (ii) federal funds same day wire transfer to an account designated by the Company. Such payment shall be made upon delivery of certificates for the Shares and the Warrants to you for your account and the respective accounts of the several Underwriters (including without limitation by "full-fast" electronic transfer by the Depository Trust Company) against receipt therefor signed by you and the payment of the Non-Accountable Expense Allowance to you. Payment for the Non-Accountable Expense Allowance shall be made to the Representative or to their order by (i) one or more certified or official bank check or checks in same day funds, (ii) federal funds same day wire transfer to an account designated by the Representative or (iii) at the option of the Representative, may be deducted from the amount transferred to the Company pursuant to this Section 4(c). Certificates for the Shares and the Warrants to be delivered to you shall be registered in such name or names and shall be in such denominations as you may request at least one business day before the Closing Date, in the case of Firm Shares, the Firm Warrants Shares and the Initial Closing Option Warrants (each as defined in paragraph (p) of Section 5)Warrants, and at least one business day prior to the purchase thereof, in the case of the Optional Shares and the Option Closing Option Warrants (as defined in paragraph (p) of Section 5)Shares. Certificates for the Firm Shares and Optional Shares will be made available to the Underwriters for inspection, checking and packaging at such office or such other place as the Representative may designate not later than 9:30 a.m. Boston time on the business day prior to the Closing Date or, in the case of the Optional Shares, by 9:30 a.m., Boston time, on the business day preceding the date of purchase. It is understood that you, individually and not on behalf of the Underwriters, may (but shall not be obligated to) make payment to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later date on which Optional Shares are purchased for the account of suchsuch Underwriter. Any such payment by you shall not relieve such Underwriter from any of its obligations hereunder.
Appears in 1 contract