Common use of PURCHASE, SALE AND DELIVERY OF THE FIRM SECURITIES Clause in Contracts

PURCHASE, SALE AND DELIVERY OF THE FIRM SECURITIES. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, (a) the Partnership agrees to sell to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnership, at a purchase price of $23.808 per unit, the number of Firm Securities set forth opposite the name of such Underwriter in Schedule I hereto and (b) the Partnership agrees to sell to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnership, any additional number of Option Securities that such Underwriter may become obligated to purchase pursuant to Section 3 hereof. Delivery of the Firm Securities will be in book-entry form through the facilities of The Depository Trust Company, New York, New York (“DTC”). Delivery of the documents required by Section 6 hereof with respect to the Securities shall be made available at or prior to 9:00 a.m. Houston time on November 15, 2012 at the offices of Xxxxxxx Xxxxx LLP, 000 Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000 or at such other place as may be agreed upon between the Representative and the Partnership (the “Place of Closing”), or at such other time and date not later than five full business days thereafter as the Representative and the Partnership may agree, such time and date of payment and delivery being herein called the “Initial Delivery Date.” Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of the Underwriters hereunder. The Partnership will deliver the Firm Securities to the Underwriters, against payment of the purchase price therefor in Federal (same day) Funds by wire transfer to an account at the bank specified by the Partnership at least two business days before the Initial Delivery Date. The Partnership will cause its transfer agent to deposit the Firm Securities pursuant to the Full Fast Delivery Program of the DTC. It is understood that the Underwriters propose to offer the Securities to the public upon the terms and conditions set forth in the Disclosure Package and the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Legacy Reserves Lp)

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PURCHASE, SALE AND DELIVERY OF THE FIRM SECURITIES. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, (a) the Partnership agrees to sell to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnership, at a purchase price of $23.808 24.2125 per unitSeries A Preferred Unit, the number of Firm Securities set forth opposite the name of such Underwriter in Schedule I hereto and (b) the Partnership agrees to sell to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnership, any additional number of Option Securities that such Underwriter may become obligated to purchase pursuant to Section 3 hereof. Delivery of the Firm Securities will be in book-entry form through the facilities of The Depository Trust Company, New York, New York (“DTC”). Delivery of the documents required by Section 6 hereof with respect to the Securities shall be made available at or prior to 9:00 a.m. Houston time on November 15April 17, 2012 2014 at the offices of Xxxxxxx Xxxxx LLP, 000 Xxxxxx, Xxxxx 0000Suite 4200, XxxxxxxHouston, Xxxxx 00000 Texas 77002 or at such other place as may be agreed upon between the Representative Representatives and the Partnership (the “Place of Closing”), or at such other time and date not later than five full business days thereafter as the Representative Representatives and the Partnership may agree, such time and date of payment and delivery being herein called the “Initial Delivery Date.” Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of the Underwriters hereunder. The Partnership will deliver the Firm Securities to the Underwriters, against payment of the purchase price therefor in Federal (same day) Funds by wire transfer to an account at the bank specified by the Partnership at least two business days before the Initial Delivery Date. The Partnership will cause its transfer agent to deposit the Firm Securities pursuant to the Full Fast Delivery Program of the DTC. It is understood that the Underwriters propose to offer the Securities to the public upon the terms and conditions set forth in the Disclosure Package and the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Legacy Reserves Lp)

PURCHASE, SALE AND DELIVERY OF THE FIRM SECURITIES. (a) On the basis of the representations, warranties and agreements covenants herein contained, but and subject to the terms and conditions herein set forth, (a) the Partnership Issuer agrees to sell to the Underwriters, Underwriters and each such Underwriter agrees, severally and not jointly, to purchase from the Partnershippurchase, at a purchase price of $23.808 per unit97.75% of the principal amount thereof plus accrued interest from May 28, 2008 to the Closing Date, if any, the number respective principal amounts of Firm Securities set forth opposite the name names of such Underwriter the Underwriters in Schedule I hereto and hereto. (b) The Issuer will deliver the Partnership agrees Securities to sell or as instructed by the Representative for the accounts of the several Underwriters in a form reasonably acceptable to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnership, any additional number of Option Securities that such Underwriter may become obligated to purchase pursuant to Section 3 hereof. Delivery Representative against payment of the Firm Securities will be purchase price by the Underwriters in book-entry form through federal (same day) funds by wire transfer to an account at a bank acceptable to the facilities of The Depository Trust Company, New York, New York (“DTC”). Delivery Representative drawn to the order of the documents required by Section 6 hereof with respect to the Securities shall be made available at or prior to 9:00 a.m. Houston time on November 15, 2012 Issuer at the offices office of Xxxxxxx Xxxxx LLP, Xxxxx L.L.P. 000 Xxxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000 or , at such other place as may be agreed upon between the Representative and the Partnership (the “Place of Closing”)9:00 A.M., New York time, on May 28, 2008, or at such other time and date not later than five full business days thereafter as the Representative and the Partnership Issuer determine, such time being herein referred to as the “First Closing Date”. For purposes of Rule 15c6-1 under the Securities Exchange Act of 1934, the First Closing Date (if later than the otherwise applicable settlement date) shall be the settlement date for payment of funds and delivery of securities for all the Securities sold pursuant to the offering. The Securities so to be delivered or evidence of their issuance will be made available for checking at the above office of Xxxxx Xxxxx L.L.P. at least 18 hours prior to the First Closing Date. (c) In addition, on the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Issuer hereby grants an option to the several Underwriters to purchase the Option Securities at the price per share as set forth in the first paragraph of this Section. The option granted hereby may agreebe exercised in whole or in part by giving written notice (i) at any time before the Closing Date and (ii) only once thereafter within 30 days after the date of this Agreement, by the Representative to the Issuer setting forth the number of Option Securities as to which the several Underwriters are exercising the option, the names and denominations in which the Option Securities are to be registered and the time and date at which such Securities are to be delivered. The time and date at which Securities for Option Securities are to be delivered shall be determined by the Representative but shall not be earlier than three nor later than 10 full business days after the exercise of such option, nor in any event prior to the Closing Date (such time and date of payment and delivery being herein called referred to as the “Initial Delivery Option Closing Date.” Time ”). If the date of exercise of the option is three or more days before the Closing Date, the notice of exercise shall set the Closing Date as the Option Closing Date. The principal amount of Option Securities to be purchased by each Underwriter shall be in the same proportion to the total principal amount of Option Securities being purchased as the essenceprincipal amount of Firm Securities being purchased by such Underwriter bears to the total principal amount of Firm Securities, and delivery at adjusted by the time and place specified pursuant Representative in such manner as to this Agreement is a further condition of the obligation of the Underwriters hereunderavoid fractions. The Partnership will deliver option with respect to the Option Securities granted hereunder may be exercised only to cover over-allotments in the sale of the Firm Securities by the Underwriters. The Representative may cancel such option at any time prior to its expiration by giving written notice of such cancellation to the UnderwritersIssuer. To the extent, against if any, that the option is exercised, payment for and delivery of the purchase price therefor Option Securities and delivery of the documents described in Federal (Section 7 hereof shall be made in the same day) Funds by wire transfer to an account at manner as in the bank specified by the Partnership at least two business days before the Initial Delivery Date. The Partnership will cause its transfer agent to deposit case of the Firm Securities pursuant to the Full Fast Delivery Program of the DTC. It is understood that the Underwriters propose to offer the Securities to the public upon the terms and conditions set forth in the Disclosure Package and the ProspectusSecurities.

Appears in 1 contract

Samples: Underwriting Agreement (Carrizo Oil & Gas Inc)

PURCHASE, SALE AND DELIVERY OF THE FIRM SECURITIES. (a) On the basis of the representations, warranties and agreements covenants herein contained, but and subject to the terms and conditions herein set forth, (a) the Partnership Issuer agrees to sell to the Underwriters, Underwriter and each such the Underwriter agrees, severally and not jointly, agrees to purchase from the Partnershippurchase, at a purchase price of $23.808 28.90 per unitshare, the number of Firm Securities set forth opposite the name of such Underwriter in Schedule I hereto and Securities. (b) the Partnership agrees to sell to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnership, any additional number of Option Securities that such Underwriter may become obligated to purchase pursuant to Section 3 hereof. Delivery of Payment for the Firm Securities will to be sold hereunder is to be made to the Issuer in New York Clearing House funds by federal (same day) against delivery of the Xxxx Securities in book-entry form to the Underwriter through the facilities of The Depository Trust Company, New York, New York (“DTC”). Delivery for the account of the documents required by Section 6 hereof with respect Underwriter. Such payment and delivery are to the Securities shall be made available at or prior to 9:00 a.m. Houston time 10:00 a.m., New York time, on November 15December 14, 2012 at the offices of Xxxxxxx Xxxxx LLP, 000 Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000 or at such other place as may be agreed upon between the Representative and the Partnership (the “Place of Closing”), 2010 or at such other time and date not later than five full business days thereafter as the Representative Underwriter and the Partnership may agreeIssuer shall agree upon, such time and date of payment and delivery being herein called referred to as the “Initial Delivery Closing Date.” Time As used herein, “business day” means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed. Electronic transfer of the Firm Securities shall be of made to the essence, and delivery Underwriter at the time of delivery in such names and place specified pursuant in such denominations as the Underwriter shall specify to this Agreement is a further condition the Issuer. Deliveries of the obligation documents described in Section 6 hereof with respect to the purchase of the Underwriters hereunder. The Partnership will deliver the Firm Securities shall be made at the offices of Xxxxx Xxxxx L.L.P., 000 Xxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxx 00000, at or prior to 10:00 A.M., New York time, on the UnderwritersClosing Date. (c) In addition, against payment on the basis of the purchase price therefor in Federal (same day) Funds by wire transfer representations and warranties herein contained and subject to an account at the bank specified by the Partnership at least two business days before the Initial Delivery Date. The Partnership will cause its transfer agent to deposit the Firm Securities pursuant to the Full Fast Delivery Program of the DTC. It is understood that the Underwriters propose to offer the Securities to the public upon the terms and conditions herein set forth, the Issuer hereby grants an option to the Underwriter to purchase the Option Securities at the price per share as set forth in the Disclosure Package first paragraph of this Section. The option granted hereby may be exercised in whole or in part by giving written notice (i) at any time before the Closing Date and (ii) only once thereafter within 30 days after the date of this Agreement, by the Underwriter to the Issuer setting forth the number of Option Securities as to which the Underwriter is exercising the option, the names and denominations in which the Option Securities are to be registered and the Prospectustime and date at which such certificates are to be delivered. The time and date at which certificates for Option Securities are to be delivered shall be determined by the Underwriter but shall not be earlier than three nor later than 10 full business days after the exercise of such option, nor in any event prior to the Closing Date (such time and date being herein referred to as the “Option Closing Date”). If the date of exercise of the option is two or more days before the Closing Date, the notice of exercise shall set the Closing Date as the Option Closing Date. The option with respect to the Option Securities granted hereunder may be exercised only to cover over-allotments in the sale of the Firm Securities by the Underwriter. The Underwriter may cancel such option at any time prior to its expiration by giving written notice of such cancellation to the Issuer. To the extent, if any, that the option is exercised, payment for and delivery of the Option Securities and delivery of the documents described in Section 6 hereof shall be made in the same manner as in the case of the Firm Securities.

Appears in 1 contract

Samples: Underwriting Agreement (Carrizo Oil & Gas Inc)

PURCHASE, SALE AND DELIVERY OF THE FIRM SECURITIES. (a) On the basis of the representations, warranties and agreements covenants herein contained, but contained and subject to the terms and conditions herein set forth, (a) the Partnership Company agrees to sell to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnershippurchase, at a purchase price of $23.808 per unit97% of the principal amount thereof, plus accrued interest, if any, from October 11, 2000 to the Closing Date (as defined below), the number principal amount of Firm Securities set forth opposite the name of such each Underwriter in Schedule I hereto and (b) the Partnership agrees hereof, subject to sell to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnership, any additional number of Option Securities that such Underwriter may become obligated to purchase pursuant to adjustments in accordance with Section 3 9 hereof. Delivery The Securities will be convertible at the option of the holder into shares of Common Stock at the conversion price set forth in the Securities (the "Conversion Price"), which Conversion Price is subject to adjustment in certain events as provided in the Securities and the Indenture. A global security representing the Firm Securities will shall be registered in book-entry form through the facilities name of The the nominee of the Depository Trust CompanyCompany ("DTC"), New YorkCede & Co., credited to the accounts of such of its participants as the Representatives shall request, upon notice to the Company at least 48 hours prior to the Closing Date, with any transfer taxes payable in connection with the transfer of the Securities to the Underwriters duly paid, and deposited with the Trustee as custodian for DTC on the Closing Date, against payment by or on behalf of the Underwriters to the account of the Company of the aggregate purchase price therefor by wire transfer in federal (same day) funds. Such payment and delivery are to be made at 10:00 A.M., New York (“DTC”). Delivery time, on the third business day after the date of the documents required by Section 6 hereof with respect to the Securities shall be made available at or prior to 9:00 a.m. Houston time on November 15, 2012 at the offices of Xxxxxxx Xxxxx LLP, 000 Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000 or at such other place as may be agreed upon between the Representative and the Partnership (the “Place of Closing”)this Agreement, or at such other time and date not later than five full business days thereafter as the Representative you and the Partnership may agreeCompany shall agree upon, such time and date of payment and delivery being herein called referred to as the “Initial Delivery "Closing Date.” Time shall " As used herein, "business day" means a day on which the New York Stock Exchange is open for trading and on which banks in New York are open for business and are not permitted by law or executive order to be closed. (b) In addition, on the basis of the essence, representations and delivery at the time warranties herein contained and place specified pursuant subject to this Agreement is a further condition of the obligation of the Underwriters hereunder. The Partnership will deliver the Firm Securities to the Underwriters, against payment of the purchase price therefor in Federal (same day) Funds by wire transfer to an account at the bank specified by the Partnership at least two business days before the Initial Delivery Date. The Partnership will cause its transfer agent to deposit the Firm Securities pursuant to the Full Fast Delivery Program of the DTC. It is understood that the Underwriters propose to offer the Securities to the public upon the terms and conditions herein set forth, the Company hereby grants an option to the several Underwriters to purchase the Option Securities at the same price as set forth in the Disclosure Package first paragraph of this Section 2 plus, if the purchase and sale of any Option Securities takes place after the Closing Date, any accrued interest from October 11, 2000. The option granted hereby may be exercised in whole or in part by giving written notice (i) at any time before the Closing Date and (ii) only once thereafter within 30 days after the date of this Agreement, by you, as Representatives of the several Underwriters, to the Company setting forth the aggregate principal amount of Option Securities as to which the several Underwriters are exercising the option and the Prospectustime and date at which the Option Securities are to be delivered. The time and date at which the Option Securities are to be delivered shall be determined by the Representatives but shall not be earlier than three nor later than ten full business days after the exercise of such option, nor in any event prior to the Closing Date (such time and date being herein referred to as the "Option Closing Date"). If the date of exercise of the option is three or more days before the Closing Date, the notice of exercise shall set the Closing Date as the Option Closing Date. The principal amount of Option Securities to be purchased by each Underwriter shall be in the same proportion to the aggregate principal amount of Option Securities being purchased as the principal amount of Firm Securities being purchased by such Underwriter bears to the aggregate principal amount of Firm Securities being sold hereunder, adjusted by you in such manner as to avoid fractional interests. The option with respect to the Option Securities granted hereunder may be exercised to cover over-allotments in the sale of the Firm Securities by the Underwriters and other transactions by the Underwriters made in connection with the Securities. You, as Representatives of the several Underwriters, may cancel such option at any time prior to its expiration by giving written notice of such cancellation to the Company. To the extent, if any, that the option is exercised, payment and delivery of the Option Securities shall be made in the same manner, and upon the same terms and conditions, set forth in paragraph (a) of this Section 2, except that reference therein to the Firm Securities and the Closing Date shall be deemed, for purposes of paragraph (b), to refer to such Option Securities and Option Closing Date, respectively.

Appears in 1 contract

Samples: Convertible Debt Underwriting Agreement (Natural Microsystems Corp)

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PURCHASE, SALE AND DELIVERY OF THE FIRM SECURITIES. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, (a) the Partnership agrees to sell to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnership, at a purchase price of $23.808 24.2125 per unitSeries B Preferred Unit, the number of Firm Securities set forth opposite the name of such Underwriter in Schedule I hereto and (b) the Partnership agrees to sell to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnership, any additional number of Option Securities that such Underwriter may become obligated to purchase pursuant to Section 3 hereof. Delivery of the Firm Securities will be in book-entry form through the facilities of The Depository Trust Company, New York, New York (“DTC”). Delivery of the documents required by Section 6 hereof with respect to the Securities shall be made available at or prior to 9:00 a.m. Houston time on November 15June 17, 2012 2014 at the offices of Xxxxxxx Xxxxx LLP, 000 Xxxxxx, Xxxxx 0000Suite 4200, XxxxxxxHouston, Xxxxx 00000 Texas 77002 or at such other place as may be agreed upon between the Representative Representatives and the Partnership (the “Place of Closing”), or at such other time and date not later than five full business days thereafter as the Representative Representatives and the Partnership may agree, such time and date of payment and delivery being herein called the “Initial Delivery Date.” Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of the Underwriters hereunder. The Partnership will deliver the Firm Securities to the Underwriters, against payment of the purchase price therefor in Federal (same day) Funds by wire transfer to an account at the bank specified by the Partnership at least two business days before the Initial Delivery Date. The Partnership will cause its transfer agent to deposit the Firm Securities pursuant to the Full Fast Delivery Program of the DTC. It is understood that the Underwriters propose to offer the Securities to the public upon the terms and conditions set forth in the Disclosure Package and the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Legacy Reserves Lp)

PURCHASE, SALE AND DELIVERY OF THE FIRM SECURITIES. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, (a) the Partnership agrees to sell to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnership, at a purchase price of $23.808 26.43 per unitUnit, the number of Firm Securities set forth opposite the name of such Underwriter in Schedule I hereto and (b) the Partnership agrees to sell to the Underwriters, and each such Underwriter agrees, severally and not jointly, to purchase from the Partnership, any additional number of Option Securities that such Underwriter may become obligated to purchase pursuant to Section 3 hereof. Delivery of the Firm Securities will be in book-entry form through the facilities of The Depository Trust Company, New York, New York (“DTC”). Delivery of the documents required by Section 6 hereof with respect to the Securities shall be made available at or prior to 9:00 a.m. Houston time on November 15October 8, 2012 2014 at the offices of Xxxxxxx Xxxxx LLP, 000 Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000 or at such other place as may be agreed upon between the Representative Representatives and the Partnership (the “Place of Closing”), or at such other time and date not later than five full business days thereafter as the Representative Representatives and the Partnership may agree, such time and date of payment and delivery being herein called the “Initial Delivery Date.” Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of the Underwriters hereunder. The Partnership will deliver the Firm Securities to the Underwriters, against payment of the purchase price therefor in Federal (same day) Funds by wire transfer to an account at the bank specified by the Partnership at least two business days before the Initial Delivery Date. The Partnership will cause its transfer agent to deposit the Firm Securities pursuant to the Full Fast Delivery Program of the DTC. It is understood that the Underwriters propose to offer the Securities to the public upon the terms and conditions set forth in the Disclosure Package and the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Legacy Reserves Lp)

PURCHASE, SALE AND DELIVERY OF THE FIRM SECURITIES. (a) On the basis of the representations, warranties and agreements covenants herein contained, but and subject to the conditions herein set forth, the Company agrees to sell to the Initial Purchaser, and the Initial Purchaser agrees to purchase from the Company, the Firm Securities at a purchase price of 97.5% of the principal amount thereof (the “Purchase Price”). (b) The Securities to be purchased by the Initial Purchaser hereunder will be represented by one or more definitive global securities in book-entry form, which will be deposited by or on behalf of the Company with The Depository Trust Company (“DTC”) or its designated custodian. The Company will deliver the Securities to the Initial Purchaser, against payment by or on behalf of the Initial Purchaser of the Purchase Price therefore by wire transfer of federal (same-day) funds to the account specified by the Company to the Initial Purchaser at least forty-eight (48) hours in advance, by causing DTC to credit the Securities to the account of the Initial Purchaser at DTC. Delivery of and payment for the Firm Securities shall be made at the office of Xxxxxxxx Chance US LLP, 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, or at such other place as shall be determined by agreement between the Initial Purchaser and the Company, at 10:00 a.m., New York City time, on the fourth full business day following the date of this Agreement (the “Closing Date”). (c) In addition, on the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company hereby grants an option to the Initial Purchaser to purchase the Additional Securities at the Purchase Price set forth in paragraph (a) of this Section. The option granted hereby may be exercised in whole or in part by giving written notice at any time before the Partnership agrees Closing Date or up to sell 30 days after the date of this Agreement, by the Initial Purchaser to the UnderwritersCompany setting forth the principal amount of Additional Securities as to which the Initial Purchaser is exercising the option, and each the time and date at which such Underwriter agrees, severally Additional Securities are to be delivered. The time and date at which Additional Securities are to be delivered shall be determined by the Initial Purchaser but shall not jointly, to purchase from be later than three full business days after the Partnership, at a purchase price of $23.808 per unit, the number of Firm Securities set forth opposite the name exercise of such Underwriter option, nor in Schedule I hereto and (b) the Partnership agrees to sell any event prior to the Underwriters, Closing Date (such time and each such Underwriter agrees, severally and not jointly, date being herein referred to purchase from as the Partnership, any additional number of Option Securities that such Underwriter may become obligated to purchase pursuant to Section 3 hereof. Delivery of the Firm Securities will be in book-entry form through the facilities of The Depository Trust Company, New York, New York (“DTCClosing Date”). Delivery If the date of exercise of the documents required by Section 6 hereof with respect to option is two or more days before the Closing Date, the notice of exercise shall set the Closing Date as the Option Closing Date. To the extent, if any, that the option is exercised, payment for the Additional Securities shall be made available at or prior to 9:00 a.m. Houston time on November 15, 2012 at the offices of Xxxxxxx Xxxxx LLP, 000 Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000 or at such other place as may be agreed upon between the Representative and the Partnership (the “Place of Closing”), or at such other time and date not later than five full business days thereafter as the Representative and the Partnership may agree, such time and date of payment and delivery being herein called the “Initial Delivery Date.” Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of the Underwriters hereunder. The Partnership will deliver the Firm Securities to the Underwriters, against payment of the purchase price therefor Option Closing Date in Federal federal (same day) Funds by wire transfer funds to an the account at the bank specified by the Partnership Company to the Initial Purchaser at least two business days before forty-eight (48) hours in advance, by causing DTC to credit the Initial Delivery Date. The Partnership will cause its transfer agent to deposit the Firm Securities pursuant to the Full Fast Delivery Program of the DTC. It is understood that the Underwriters propose to offer the Additional Securities to the public upon account of the terms and conditions set forth in the Disclosure Package and the ProspectusInitial Purchaser at DTC.

Appears in 1 contract

Samples: Purchase Agreement (Alesco Financial Inc)

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