Sale and Delivery to the Underwriter Closing. (a) On the basis of the representations and warranties herein contained, and subject to the terms and conditions herein set forth, the Fund agrees to sell the Initial Shares to the Underwriter and the Underwriter agrees to purchase the Initial Shares from the Fund, at the price per share set forth in the Pricing Agreement.
(i) If the Fund has elected not to rely upon Rule 430A under the Rules and Regulations, the initial public offering prices and the purchase price per share to be paid by the Underwriter for the Shares have been determined and set forth in the Pricing Agreement, dated the date hereof, and an amendment to the Registration Statement and the Prospectus will be filed before the Registration Statement becomes effective.
(ii) If the Fund has elected to rely upon Rule 430A under the Rules and Regulations, the purchase price per share to be paid by the Underwriter for the Shares shall be an amount equal to the applicable initial public offering price, less an amount per share to be determined by agreement between the Underwriter and the Fund. The initial public offering price per share shall be a fixed price based upon the number of Shares purchased in a single transaction to be determined by agreement between the Underwriter and the Fund. The initial public offering price and the purchase price, when so determined, shall be set forth in the Pricing Agreement. In the event that such prices have not been agreed upon and the Pricing Agreement has not been executed and delivered by all parties thereto by the close of business on the fourth business day following the date of this Agreement, this Agreement shall terminate forthwith, without liability of any party to any other party, except as provided in Section 4, unless otherwise agreed to by the Fund, the Adviser and the Underwriter. In addition, on the basis of the representations and warranties herein contained, and subject to the terms and conditions herein set forth, the Fund hereby grants an option to the Underwriter to purchase all or any part of the Option Shares at the price per share set forth above. The option hereby granted will expire 45 days after the date hereof (or, if the Fund has elected to rely upon Rule 430A under the Rules and Regulations, 45 days after the execution of the Pricing Agreement) and may be exercised only for the purpose of covering over-allotments which may be made in connection with the offering and distribution of the Initial Shares upon notice by the Underwriter...
Sale and Delivery to the Underwriter Closing. (a) On the basis of the representations and warranties herein contained and 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 Senior Notes at a price equal to 99.80% of the principal amount thereof.
(b) Payment of the purchase price and delivery of certificates for the Senior Notes shall be made at the offices of Xxxxxxxx Xxxxxxx LLP, 30 Xxxx Xxxxx Xx. Blvd, NW, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, at 10:00 A.M., New York time, on June 26, 2009 or such other time, place or date as shall be agreed upon by the Underwriter and the Company (such time and date of payment and delivery being herein called the “Closing Date”). Payment shall be made to the Company by wire transfer in federal funds at the Closing Date against delivery of the Senior Notes to the Underwriter. It is understood that the Underwriter will accept delivery of, receipt for, and make payment of, the principal amount of the Senior Notes which it has agreed to purchase. The delivery of the Senior Notes shall be made in fully registered form, registered in the name of CEDE & CO., to the offices of The Depository Trust Company in New York, New York or its designee, and the Underwriter shall accept such delivery. The certificate(s) for the Senior Notes will be made available for examination by the Underwriter not later than 12:00 Noon, New York time, on the last business day prior to the Closing Date.
Sale and Delivery to the Underwriter Closing. (a) On the basis of the representations and warranties herein contained and 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, $50,000,000 aggregate principal amount of the Senior Notes at a price equal to 99.117% of the principal amount thereof.
(b) Payment of the purchase price and delivery of certificates for the Senior Notes shall be made at the offices of Xxxxxxxx Xxxxxxx LLP, 00 Xxxx Xxxxx Xx., Blvd, NW, Suite 950, Atlanta, Georgia 30308, at 10:00 A.M., New York time, on November 21, 2008 or such other time, place or date as shall be agreed upon by the Underwriter and the Company (such time and date of payment and delivery being herein called the “Closing Date”). Payment shall be made to the Company by wire transfer in federal funds at the Closing Date against delivery of the Senior Notes to the Underwriter. The delivery of the Senior Notes shall be made in fully registered form, registered in the name of CEDE & CO., to the offices of The Depository Trust Company in New York, New York or its designee, and the Underwriter shall accept such delivery. The certificate(s) for the Senior Notes will be made available for examination by the Underwriter not later than 12:00 Noon, New York time, on the last business day prior to the Closing Date.
Sale and Delivery to the Underwriter Closing. (a) Subject to the terms and conditions and in reliance upon the representations, warranties, covenants and agreements herein set forth, each Selling Stockholder agrees, severally and not jointly, to sell to the Underwriter, and the Underwriter agrees to purchase from such Selling Stockholder, at a purchase price of $19.65 per share (the "Purchase Price"), the Shares.
(b) Payment of the purchase price for, and delivery of, the Shares to be purchased by the Underwriter shall be made at the offices of Jefferies & Company, Inc., 000 Xxxxson Avenue, 12th Flxxx, Xxx Xxxx, Xxx Xxxx 00000, xx xx xxxx xxxxx xxxxx xx shall be agreed upon by the Underwriter and the Company at 10:00 A.M., New York City time, on the third (fourth, if the pricing occurred after 4:30 P.M., New York City time, on any given day) business day after the date of this Agreement, or such other time not later than ten business days after such date as shall be agreed upon by the Underwriter and the Company (such time and date of payment and delivery being herein called the "Closing Date"). Payment shall be made to such Selling Stockholders by wire transfer and payable in immediately available funds to the order of such Selling Stockholders against delivery to the Underwriter of the Shares.
(c) The Shares shall be in such denominations and registered in such names as the Underwriter may request in writing at least two business days before the Closing Date. The Shares will be made available for examination and packaging by the Underwriter not later than 1:00 P.M., New York City time, on the last business day prior to the Closing Date at such place as is reasonably designated by the Underwriter. If the Underwriter so elects, delivery of the Shares may be made by credit through full FAST transfer to the accounts of The Depository Trust Company designated by the Underwriter.
Sale and Delivery to the Underwriter Closing. (a) On the basis of the representations and warranties herein contained and 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 $250,000,000 aggregate principal amount of the Notes at a purchase price of 99.397% of the principal amount of the Notes.
(b) Payment of the purchase price for and delivery of the Notes shall be made, subject to Section 9, at the offices of Xxxxxxxx & Worcester LLP, Xxx Xxxx Xxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, or at such other place as shall be agreed upon by the Underwriter and the Company, at 9:00 A.M. on the fifth business day following the date of this Agreement, or such other time not later than ten business days after such date as shall be agreed upon by the Underwriter and the Company (such time and date of payment and delivery being herein called "Closing Time"). Payment shall be made by wire transfer of immediately available funds payable to the order of the Company against delivery to the Underwriter of the Notes to be purchased by the Underwriter. The Notes shall be in such authorized denominations and registered in such names as the Underwriter may request in writing at least one business day before Closing Time.
Sale and Delivery to the Underwriter Closing. (a) On the basis of the representations and warranties herein contained and 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, at 98.444% of the principal amount thereof plus accrued and unpaid interest on the Securities from January 27, 2003, the aggregate principal amount of Securities set forth in Schedule A opposite the name of the Underwriter.
(b) Payment of the purchase price for the Securities shall be made at the offices of the Company, 10990 Wilshire Boulevard, Los Angeles, California, or at such other plxxx xx xxxxx xx xxxxxx xxxx xx xxx Xxxxxxxxxxx xxd the Company, at 7:00 a.m., California time, on February 7, 2003, or such other time not later than ten business days after such date as shall be agreed upon by the Underwriter and the Company (such time and date of payment and delivery of the Securities being herein called "Closing Time"). Payment shall be made to the Company by wire transfer of immediately available funds to a bank account designated by the Company, against delivery to the Underwriter of certificates for the Securities to be purchased by it. Certificates for the Securities shall be in such denominations and registered in such names as the Underwriter may request in writing at least one full business day before Closing Time. The certificates for the Securities will be made available for examination and packaging by the Underwriter not later than 10:00 a.m. (New York City time) on the last business day prior to Closing Time in New York, New York.
Sale and Delivery to the Underwriter Closing. (a) On the basis of the representations and warranties herein contained and 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 number of Initial Shares set forth at the purchase price and terms set forth herein and in the Price Agreement. 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 Underwriter to purchase all or a portion of the Option Shares in accordance with the terms set forth herein and in the Price Agreement. The option hereby granted will expire at 5:00 p.m. on the 30th day after the date the Registration Statement is declared effective by the Commission (or at 5:00
Sale and Delivery to the Underwriter Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust agrees to sell to the Underwriter, and the Underwriter agrees to purchase from the Trust, 2,500,000 Initial Securities at the purchase price and terms set forth herein and in the Price Determination Agreement.
Sale and Delivery to the Underwriter Closing. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Fund agrees to sell the Initial Shares to the Underwriter, and the Underwriter agrees to purchase the Initial Shares from the Fund, at the price per share set forth in the Pricing Agreement.
(a) If the Fund has elected not to rely upon Rule 430A under the Rules and Regulations, the initial public offering prices and the purchase price per share to be paid by the Underwriter for the Shares has been determined and set forth in the Pricing Agreement, dated the date hereof, and an amendment to the Registration statement and the Prospectus will be filed before the Registration Statement becomes effective.
(b) If the Fund has elected to rely upon Rule 430A under the Rules and Regulations, the purchase price per share to be paid by the Underwriter for the Shares shall be an amount equal to the applicable initial public offering price, less an amount per share to be determined by agreement between the Underwriter and the Fund. The applicable initial public offering price per share shall be a fixed price based upon the number of Shares purchased in a single transaction to be determined by agreement between the Underwriter and the Fund. The initial public offering
Sale and Delivery to the Underwriter Closing. Subject to the terms and conditions herein set forth, the Company agrees to cause the Issuer to issue the Offered Notes and agrees to sell the Offered Notes on July 31, 2007 (the “Closing Date”) to the Underwriter, and the Underwriter agrees to purchase from the Company, the principal amount of the Offered Notes set forth opposite the name of the Underwriter, and at the purchase price set forth, in Schedule A hereto. The Offered Notes shall be represented by one or more definitive global certificates registered in the name of Cede & Co., as nominee for The Depository Trust Company (“DTC”). The Company will cause the Issuer to transfer the Offered Notes in book-entry form to Deutsche Bank Securities Inc. (the “Representative”), for its account as the Underwriter, against payment by the Representative of the purchase price therefor by wire transfer payable to the order of the Company in federal (same day) funds (to such account or accounts as the Company shall designate), by causing DTC to credit the Offered Notes to the account of the Representative at DTC. The time and date of such delivery and payment shall be 10:00 a.m., New York City time, the Closing Date or such other time and date as the Representative and the Company may agree upon in writing. Such time and date are herein called the “Time of Delivery.”
