Common use of PURCHASE, SALE AND DELIVERY OF OFFERED STOCK Clause in Contracts

PURCHASE, SALE AND DELIVERY OF OFFERED STOCK. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriter, and the Underwriter agrees to purchase from the Company the respective numbers of shares of Stock set forth opposite the name of the Underwriter in Schedule IV hereto. The purchase price per share to be paid by the Underwriter to the Company for the Stock will be $1.222 per share (the “Purchase Price”). The Company will deliver the Stock to the Underwriter through the facilities of The Depository Trust Company or, at the election of the Underwriter, in the form of definitive certificates, in each such case, issued in such names and in such denominations as the Underwriter may direct by notice in writing to the Company given at or prior to 12:00 Noon, New York time, on the second (2nd) full business day preceding the Closing Date against payment of the aggregate Purchase Price therefor by wire transfer in federal (same day) funds payable to the order of the Company for the Stock sold by the Company, all at the offices of LeClairRyan, A Professional Corporation, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of the Underwriter hereunder. The time and date of the delivery and closing shall be at 10:00 A.M., New York time, on February 15, 2013. The time and date of such payment and delivery are herein referred to as the “Closing Date”. The Closing Date and the location of delivery of, and the form of payment for, the Stock may be varied by agreement between the Company and the Underwriter. The Company is advised by the Underwriter that the Underwriter intends (i) to make a public offering of the Stock as soon after the effectiveness of this Agreement as in the Underwriter’s judgment is advisable and (ii) initially offer the Stock upon the terms set forth in the Disclosure Package and the Final Prospectus. The Underwriter may from time to time increase or descrease the public offering price after the initial public offering to such extent as the Underwriter may determine.

Appears in 1 contract

Samples: Underwriting Agreement (Mela Sciences, Inc. /Ny)

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PURCHASE, SALE AND DELIVERY OF OFFERED STOCK. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the UnderwriterUnderwriters, and the Underwriter agrees Underwriters agree, severally and not jointly, to purchase from the Company the respective numbers number of shares of Firm Stock set forth opposite the name names of the Underwriter Underwriters in Schedule IV I hereto. The purchase price per share to be paid by the Underwriter Underwriters to the Company for the Stock will be $1.222 [ ] per share (the “Purchase Price”). The Company will deliver the Firm Stock to the Underwriter Representative for the respective accounts of the several Underwriters through the facilities of The Depository Trust Company or, at the election of the Underwriter, in the form of definitive certificates, in each such caseCompany, issued in such names and in such denominations as the Underwriter Representative may direct by notice in writing to the Company given at or prior to 12:00 Noon, New York time, on the second (2nd) full business day preceding the Closing Date Date, against payment of the aggregate Purchase Price therefor by wire transfer in federal (same day) funds to an account at a bank acceptable to the Representative payable to the order of the Company for the Stock sold by the Company, all at the offices of LeClairRyanXxxxxxx Procter LLP, A Professional CorporationThe New York Times Building, 000 Xxxxx Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000Xxxx. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of the each Underwriter hereunder. The time and date of the delivery and closing shall be at 10:00 A.M.a.m., New York time, on February 15April [__], 20132012, in accordance with Rule 15c6 1 of the Exchange Act. The time and date of such payment and delivery are herein referred to as the “Closing Date”. The Closing Date and the location of delivery of, and the form of payment for, the Firm Stock may be varied by agreement between the Company and the Representative. For the purpose of covering any over allotments in connection with the distribution and sale of the Firm Stock as contemplated by the Prospectus, the Underwriters may purchase all or less than all of the Optional Stock, provided that such shares of Optional Stock shall be purchased from the Company for the account of each Underwriter in the same proportion as the number of shares of Firm Stock set forth opposite such Underwriter’s name on Schedule I bears to the total number of shares of Firm Stock (subject to adjustment by the Representative to eliminate fractions). The price per share to be paid for the Optional Stock shall be the Purchase Price. The Company is advised agrees to sell to the Underwriters the number of shares of Optional Stock specified in the written notice delivered by the Underwriter that Representative to the Underwriter intends (i) Company described below and the Underwriters agree, severally and not jointly, to make a public offering purchase such shares of Optional Stock. The option granted hereby may be exercised as to all or any part of the Optional Stock as soon after (subject to the effectiveness proviso in the first sentence of this paragraph) at any time, and from time to time, not more than thirty (30) days subsequent to the date of this Agreement. No Optional Stock shall be sold and delivered unless the Firm Stock previously has been, or simultaneously is, sold and delivered. The right to purchase the Optional Stock or any portion thereof may be surrendered and terminated at any time prior to the exercise of such right upon notice by the Representative to the Company. The option granted hereby may be exercised by written notice being given to the Company by the Representative setting forth the number of shares of the Optional Stock to be purchased by the Underwriters and the date and time for delivery of and payment for the Optional Stock. Each date and time for delivery of and payment for the Optional Stock (which may be the Closing Date, but not earlier) is herein called the “Option Closing Date” and shall in no event be earlier than two (2) business days nor later than five (5) business days after written notice is given. The Option Closing Date and the Closing Date are herein called the “Closing Dates.” The Company will deliver the Optional Stock to the Representative for the respective accounts of the several Underwriters through the facilities of The Depository Trust Company or, at the election of the Representative, issued in such names and in such denominations as the Representative may direct by notice in writing to the Company given at or prior to 12:00 Noon, New York time, on the second (2nd) full business day preceding the Option Closing Date against payment of the aggregate Purchase Price therefor by wire transfer in federal (same day) funds to an account at a bank acceptable to the Representative payable to the order of the Company at the offices of Xxxxxxx Procter LLP, The New York Times Building, 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement as in is a further condition of the Underwriter’s judgment is advisable obligations of each Underwriter hereunder. The Option Closing Date and (ii) initially the location of delivery of, and the form of payment for, the Optional Stock may be varied by agreement between the Company and the Representative. The several Underwriters propose to offer the Stock for sale upon the terms and conditions set forth in the Disclosure Package and the Final Prospectus. The Underwriter may from time to time increase or descrease the public offering price after the initial public offering to such extent as the Underwriter may determine.

Appears in 1 contract

Samples: Underwriting Agreement (Catalyst Pharmaceutical Partners, Inc.)

PURCHASE, SALE AND DELIVERY OF OFFERED STOCK. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriter, and the Underwriter agrees agrees, to purchase from the Company the respective numbers of shares of Firm Stock set forth opposite the name of the Underwriter in on Schedule IV hereto. The purchase price per share to be paid by the Underwriter to the Company for the Firm Stock will be $1.222 1.78 per share (the “Purchase Price”). The Company will deliver the Stock to the Underwriter Underwriter, for its account, the Firm Stock through the facilities of The Depository Trust Company or, at the election of the Underwriter, in the form of definitive certificates, in each such caseCompany, issued in such names and in such denominations as the Underwriter may direct by notice in writing to the Company given at or prior to 12:00 Noon, New York time, on the second (2nd) full business day preceding the Closing Date against payment of the aggregate Purchase Price therefor by wire transfer in federal (same day) funds to an account at a bank acceptable to the Underwriter payable to the order of the Company for the Stock sold by the Company, all at the offices of LeClairRyan, A Professional CorporationXxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxxx Xxxxxx, Xxx XxxxXxxxx 0000, Xxx Xxxx Xxxxxxx, XX 00000. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of the Underwriter hereunder. The time and date of the delivery and closing shall be at 10:00 A.M., New York time, on February 15September 18, 20132017. The time and date of such payment and delivery are herein referred to as the “Closing Date”. .” The Closing Date and the location of delivery of, and the form of payment for, the Firm Stock may be varied by agreement between among the Company and the Underwriter. For the purpose of covering any over-allotments in connection with the distribution and sale of the Firm Stock as contemplated by the Prospectus, the Underwriter may purchase all or less than all of the Optional Stock. The price per share to be paid for the Optional Stock shall be the Purchase Price. The Company agrees to sell to the Underwriter the number of shares of Optional Stock specified in the written notice delivered by the Underwriter to the Company described below and the Underwriter agrees to purchase such shares of Optional Stock. The option granted hereby may be exercised as to all or any part of the Optional Stock at any time, and from time to time, not more than thirty (30) days subsequent to the date of this Agreement. No Optional Stock shall be sold and delivered unless the Firm Stock previously has been, or simultaneously is, sold and delivered. The right to purchase the Optional Stock or any portion thereof may be surrendered and terminated at any time upon notice by the Underwriter to the Company. The option granted hereby may be exercised by written notice being given to the Company by the Underwriter setting forth the number of shares of the Optional Stock to be purchased by the Underwriter and the date and time for delivery of and payment for the Optional Stock. Each date and time for delivery of and payment for the Optional Stock (which may be the Closing Date, but not earlier) is herein called the “Option Closing Date” and shall in no event be earlier than two (2) business day nor later than five (5) business days after written notice is given. The Option Closing Date and the Closing Date are herein called the “Closing Dates.” The Company will deliver to the Underwriter, for its account, the Optional Stock through the facilities of The Depository Trust Company, in each such case, issued in such names and in such denominations as the Underwriter may direct by notice in writing to the Company given at or prior to 12:00 Noon, New York time, on the second (2nd) business day preceding the Option Closing Date against payment of the aggregate purchase price therefor by wire transfer in federal (same day) funds to an account at a bank acceptable to the Underwriter payable to the order of the Company, all at the offices of Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of the Underwriter hereunder. The Option Closing Date and the location of delivery of, and the form of payment for, the Optional Stock may be varied by agreement among the Company and the Underwriter. The Company is advised by the Underwriter that the Underwriter intends (i) to make a public offering of the Firm Stock as soon after the effectiveness of this Agreement as in the Underwriter’s judgment is advisable and (ii) initially offer the Firm Stock upon the terms set forth in the Disclosure Package and the Final Prospectus. The Underwriter may from time to time increase or descrease decrease the public offering price after the initial public offering to such extent as the Underwriter may determine.

Appears in 1 contract

Samples: Underwriting Agreement (Curis Inc)

PURCHASE, SALE AND DELIVERY OF OFFERED STOCK. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the UnderwriterUnderwriters, and the Underwriter agrees Underwriters agree, severally and not jointly, to purchase from the Company the respective numbers of shares of Firm Stock set forth opposite the name names of the Underwriter in Underwriters on Schedule IV hereto. The purchase price per share to be paid by the Underwriter Underwriters to the Company for the Firm Stock will be $1.222 2.585 per share (the “Purchase Price”). The Company will deliver the Stock to the Underwriter Underwriters, for their respective accounts, the Firm Stock through the facilities of The Depository Trust Company or, at the election of the Underwriter, in the form of definitive certificatesCompany, in each such case, issued in such names and in such denominations as the Underwriter Underwriters may direct by notice in writing to the Company given at or prior to 12:00 Noon, New York time, on the second (2nd) full business day preceding the Closing Date against payment of the aggregate Purchase Price therefor by wire transfer in federal (same day) funds to an account at a bank acceptable to the Underwriters payable to the order of the Company all at the offices of LeClairRyan, A Professional Corporation, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of each Underwriter hereunder. The time and date of the delivery and closing shall be at 10:00 A.M., New York time, on March 2, 2015. The time and date of such payment and delivery are herein referred to as the “Closing Date”. The Closing Date and the location of delivery of, and the form of payment for, the Firm Stock may be varied by agreement among the Company and the Underwriters. For the purpose of covering any over-allotments in connection with the distribution and sale of the Firm Stock as contemplated by the Prospectus, the Underwriters may purchase all or less than all of the Optional Stock. The price per share to be paid for the Optional Stock shall be the Purchase Price. The Company agrees to sell to the Underwriters the number of shares of Optional Stock specified in the written notice delivered by the Underwriters to the Company described below and the Underwriters agree, severally and not jointly, to purchase such shares of Optional Stock. Such shares of Optional Stock shall be purchased from the Company for the account of each Underwriter in the same proportion as the number of shares of Firm Stock set forth opposite such Underwriter’s name on Schedule IV bears to the total number of shares of Firm Stock (subject to adjustment by the Underwriters to eliminate fractions). The option granted hereby may be exercised as to all or any part of the Optional Stock at any time, and from time to time, not more than thirty (30) days subsequent to the date of this Agreement. No Optional Stock shall be sold and delivered unless the Firm Stock previously has been, or simultaneously is, sold and delivered. The right to purchase the Optional Stock or any portion thereof may be surrendered and terminated at any time upon notice by the Underwriters to the Company. The option granted hereby may be exercised by written notice being given to the Company by the Underwriters setting forth the number of shares of the Optional Stock to be purchased by the Underwriters and the date and time for delivery of and payment for the Optional Stock. Each date and time for delivery of and payment for the Optional Stock (which may be the Closing Date, but not earlier) is herein called the “Option Closing Date” and shall in no event be earlier than two (2) business day nor later than five (5) business days after written notice is given. The Option Closing Date and the Closing Date are herein called the “Closing Dates.” The Company will deliver to the Underwriters, for their respective accounts, the Optional Stock through the facilities of The Depository Trust Company, in each such case, issued in such names and in such denominations as the Underwriters may direct by notice in writing to the Company given at or prior to 12:00 Noon, New York time, on the second (2nd) business day preceding the Option Closing Date against payment of the aggregate purchase price therefor by wire transfer in federal (same day) funds to an account at a bank acceptable to the Underwriters payable to the order of the Company, all at the offices of LeClairRyan, A Professional Corporation, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of the each Underwriter hereunder. The time and date of the delivery and closing shall be at 10:00 A.M., New York time, on February 15, 2013. The time and date of such payment and delivery are herein referred to as the “Closing Date”. The Option Closing Date and the location of delivery of, and the form of payment for, the Optional Stock may be varied by agreement between among the Company and the UnderwriterUnderwriters. The Company is advised by the Underwriter Underwriters that the Underwriter intends Underwriters intend (i) to make a public offering of the Firm Stock as soon after the effectiveness of this Agreement as in the Underwriter’s Underwriters’ judgment is advisable and (ii) initially offer the Firm Stock upon the terms set forth in the Disclosure Package and the Final Prospectus. The Underwriter Underwriters may from time to time increase or descrease decrease the public offering price after the initial public offering to such extent as the Underwriter Underwriters may determine.

Appears in 1 contract

Samples: Underwriting Agreement (Curis Inc)

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PURCHASE, SALE AND DELIVERY OF OFFERED STOCK. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the each Underwriter, and the each Underwriter agrees agrees, severally and not jointly, to purchase from the Company the respective numbers that number of shares of Firm Stock set forth opposite the name of the such Underwriter in Schedule IV A hereto. The purchase price per share to be paid by the Underwriter Underwriters to the Company for the Stock will be $1.222 23.50 per share (the “Purchase Price”). The Company will deliver the Firm Stock to the Underwriter through Representatives for the facilities of The Depository Trust Company or, at the election respective accounts of the Underwriter, several Underwriters (by electronic book-entry or in the form of definitive certificates, in each such case, issued in such names and in such denominations as the Underwriter Representatives may direct by notice in writing to the Company given at or prior to 12:00 Noon, New York California time, on the second (2nd) full business day preceding the First Closing Date (as defined below) against payment of the aggregate Purchase Price therefor by wire transfer in federal (same day) funds to an account at a bank designated by the Company and reasonably acceptable to the Representatives, payable to the order of the Company for the Stock sold by the Company, all at the offices of LeClairRyanXxxxxx Godward LLP, A Professional Corporation, 000 Xxxxx Xxxxxx, Xxx 0000 Xxxxxxxx Xxxx, Xxx Xxxx Xxxxx, Xxxxxxxxxx 00000. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of the each Underwriter hereunder. The time and date of the delivery and closing shall be at 10:00 6:00 A.M., New York California time, on February 15October 1, 20132003, in accordance with Rule 15c6-1 of the Exchange Act. The time and date of such payment and delivery are herein referred to as the “First Closing Date”. .” The First Closing Date and the location of delivery of, and the form of payment for, the Firm Stock may be varied by agreement between the Company and the UnderwriterRepresentatives. If applicable, the Company shall make the certificates for the Stock available to the Representatives for examination on behalf of the Underwriters in New York, New York at least twenty-four (24) hours prior to the First Closing Date. For the purpose of covering any over-allotments in connection with the distribution and sale of the Firm Stock as contemplated by the Prospectus Supplement, the Underwriters may purchase all or less than all of the Optional Stock. The price per share to be paid for the Optional Stock shall be the Purchase Price. The Company is advised agrees to sell to the Underwriters the number of shares of Optional Stock specified in the written notice by the Representatives described below and the Underwriters agree, severally and not jointly, to purchase such shares of Optional Stock. Such shares of Optional Stock shall be purchased from the Company for the account of each Underwriter that in the Underwriter intends same proportion as the number of shares of Firm Stock set forth opposite such Underwriter’s name bears to the total number of shares of Firm Stock (i) subject to make a public offering adjustment by the Representatives to eliminate fractions). The option granted hereby may be exercised as to all or any part of the Optional Stock as soon after at any time, and from time to time, not more than thirty (30) days subsequent to the effectiveness date of this Agreement as Agreement. No Optional Stock shall be sold and delivered unless the Firm Stock previously has been, or simultaneously is, sold and delivered to and purchased by the Underwriters in accordance with this Agreement. The right to purchase the Optional Stock or any portion thereof may be surrendered and terminated at any time upon notice by the Representatives to the Company. The option granted hereby may be exercised by written notice being given to the Company by the Representatives setting forth the number of shares of the Optional Stock to be purchased by the Underwriters and the date and time for delivery of and payment for the Optional Stock. Each date and time for delivery of and payment for the Optional Stock (which may be the First Closing Date, but not earlier) is herein called the “Option Closing Date” and shall in no event be earlier than two (2) business days nor later than five (5) business days after written notice is given. Each Option Closing Date and the First Closing Date are herein called the “Closing Dates”. The Company will deliver the Optional Stock to the Underwriters (by electronic book-entry or in the Underwriter’s judgment form of definitive certificates, issued in such names and in such denominations as the Representatives may direct by notice in writing to the Company given at or prior to 12:00 Noon, California time, on the second full business day preceding the Option Closing Date against payment of the aggregate Purchase Price therefor in federal (same day) funds by certified or official bank check or checks or wire transfer to an account at a bank designated by the Company and reasonably acceptable to the Representatives, payable to the order of the Company all at the offices of the Representatives. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is advisable a further condition of the obligations of each Underwriter hereunder. If applicable, the Company shall make the certificates for the Optional Stock available to the Representatives for examination on behalf of the Underwriters in New York, New York not later than 10:00 A.M., New York Time, on the business day preceding the Option Closing Date. The Option Closing Date and (ii) initially the location of delivery of, and the form of payment for, the Optional Stock may be varied by agreement between the Company and the Representatives. The several Underwriters propose to offer the Stock for sale upon the terms and conditions set forth in the Disclosure Package and the Final Prospectus. The Underwriter may from time to time increase or descrease the public offering price after the initial public offering to such extent as the Underwriter may determine.

Appears in 1 contract

Samples: Underwriting Agreement (Hollis Eden Pharmaceuticals Inc /De/)

PURCHASE, SALE AND DELIVERY OF OFFERED STOCK. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the UnderwriterUnderwriters, and the Underwriter agrees Underwriters agree, severally and not jointly, to purchase from the Company the respective numbers of shares of Firm Stock set forth opposite the name names of the Underwriter Underwriters in Schedule IV hereto. The purchase price per share to be paid by the Underwriter Underwriters to the Company for the Stock will be $1.222 3.619 per share (the “Purchase Price”). The Company will deliver the Firm Stock to the Underwriter Representative for the respective accounts of the several Underwriters, through the facilities of The Depository Trust Company or, at the election of the UnderwriterRepresentative, in the form of definitive certificates, in each such case, issued in such names and in such denominations as the Underwriter Representative may direct by notice in writing to the Company given at or prior to 12:00 Noon, New York time, on the second (2nd) full business day preceding the Closing Date against payment of the aggregate Purchase Price therefor by wire transfer in federal (same day) funds to an account at a bank acceptable to the Representative payable to the order of the Company for the Firm Stock sold by the Company, all at the offices of LeClairRyan, A Professional Corporation, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of the each Underwriter hereunder. The time and date of the delivery and closing shall be at 10:00 A.M., New York time, on February 15September 18, 20132012. The time and date of such payment and delivery are herein referred to as the “Closing Date”. The Closing Date and the location of delivery of, and the form of payment for, the Firm Stock may be varied by agreement between the Company and the Representative. For the purpose of covering any over-allotments in connection with the distribution and sale of the Firm Stock as contemplated by the Prospectus, the Underwriters may purchase all or less than all of the Optional Stock, provided that such shares of Optional Stock shall be purchased from the Company for the account of each Underwriter in the same proportion as the number of shares of Firm Stock set forth opposite such Underwriter’s name on Schedule IV bears to the total number of shares of Firm Stock (subject to adjustment by the Representative to eliminate fractions). The price per share to be paid for the Optional Stock shall be the Purchase Price. The Company is advised agrees to sell to the Underwriters the number of shares of Optional Stock specified in the written notice delivered by the Underwriter that Representative to the Underwriter intends (i) Company described below and the Underwriters agree, severally and not jointly, to make a public offering purchase such shares of Optional Stock. The option granted hereby may be exercised as to all or any part of the Optional Stock as soon after (subject to the effectiveness proviso in the first sentence of this paragraph) at any time, and from time to time, not more than thirty (30) days subsequent to the date of this Agreement. No Optional Stock shall be sold and delivered unless the Firm Stock previously has been, or simultaneously is, sold and delivered. The right to purchase the Optional Stock or any portion thereof may be surrendered and terminated at any time prior to the exercise of such right upon notice by the Representative to the Company. The option granted hereby may be exercised by written notice being given to the Company by the Representative setting forth the number of shares of the Optional Stock to be purchased by the Underwriters and the date and time for delivery of and payment for the Optional Stock. Each date and time for delivery of and payment for the Optional Stock (which may be the Closing Date, but not earlier) is herein called the “Option Closing Date” and shall in no event be earlier than two (2) business days nor later than five (5) business days after written notice is given. The Option Closing Date and the Closing Date are herein called the “Closing Dates.” The Company will deliver the Optional Stock to the Representative for the respective accounts of the several Underwriters through the facilities of The Depository Trust Company or, at the election of the Representative, issued in such names and in such denominations as the Representative may direct by notice in writing to the Company given at or prior to 12:00 Noon, New York time, on the second (2nd) full business day preceding the Option Closing Date against payment of the aggregate Purchase Price therefor by wire transfer in federal (same day) funds to an account at a bank acceptable to the Representative payable to the order of the Company, all at the offices of LeClairRyan, A Professional Corporation, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement as in is a further condition of the Underwriter’s judgment is advisable obligations of each Underwriter hereunder. The Option Closing Date and (ii) initially the location of delivery of, and the form of payment for, the Optional Stock may be varied by agreement between the Company and the Representative. The several Underwriters propose to offer the Stock for sale upon the terms and conditions set forth in the Disclosure Package and the Final Prospectus. The Underwriter may from time to time increase or descrease the public offering price after the initial public offering to such extent as the Underwriter may determine.

Appears in 1 contract

Samples: Underwriting Agreement (Tranzyme Inc)

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