Settlement and Delivery. (a) Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second Trading Day (or such other day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”). The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the “Net Proceeds”) will be equal to the aggregate gross sales price received by the Sales Agent, after deduction of (i) the Sales Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, (ii) any other amounts due and payable by the Company to the Sales Agent pursuant to Section 7(i) of this Agreement and (iii) any transaction fees imposed by any governmental or self-regulatory organization in respect of such sales.
(b) On or before each Settlement Date, the Company will, or will cause its transfer agent to, electronically transfer the Placement Shares being sold by crediting the Sales Agent’s or its designee’s account (provided the Sales Agent shall have given the Company written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto, which in all cases shall be duly authorized, freely tradeable, transferable, registered shares of Common Stock in good deliverable form. On each Settlement Date, the Sales Agent will deliver the related Net Proceeds in same day funds to an account designated by the Company on or prior to the Settlement Date. In addition to and in no way limiting the rights and obligations set forth in Section 9 hereto, the Company agrees that if the Company or its transfer agent (if applicable), defaults in its obligation to deliver duly authorized, freely tradeable, transferable, registered Placement Shares on a Settlement Date, the Company will (i) hold the Sales Agent harmless against any loss, claim, damage, or reasonable, documented out-of-pocket expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company or its transfer agent (if applicable), (ii) pay to the Sales Agent (without duplication) any commission, discount or other compensation to which it would otherwise have been entitled absent such default...
Settlement and Delivery. As soon as administratively practicable after the expiration of the Restricted Period, the Company shall ascribe to you (or, in the event of your death, your beneficiary) a share of Common Stock for each RSU that vests as a result of the expiration of the Restricted Period in a book entry on the records kept by the Company’s transfer agent or such other method of delivering shares of Common Stock subject to this Award, as determined by the Committee.
Settlement and Delivery. (a) Transactions in the Shares of a Fund may be effected through the Fund/SERV service of the NSCC and, if applicable, account records may be maintained through the networking service of the NSCC, provided that each party hereto will comply with all applicable rules of the NSCC and the schedules thereto. Furthermore, you hereby represent that all of your representations set forth in your agreement with respect to participating in the NSCC network or in any schedules thereto are accurate and true as of the date hereof and will remain accurate and true insofar as the transactions in the Shares of the Fund are effected through the Fund/SERV service of the NSCC and, if applicable, the account records are maintained through the networking service of the NSCC. You will be solely responsible for the accuracy of each instruction through the Fund/SERV and networking services, and the issuance of a Fund/SERV instruction will constitute your representation and warranty to us and a Fund's transfer agent that the instruction is accurate, complete, and issued as duly authorized by the client whose Shares are the subject of the instruction.
(b) You agree that payment for orders from you for the purchase of Shares will be made in accordance with the terms of the Prospectus. On or before the settlement date of each purchase order for Shares, you shall transfer same day funds to an account designated by us with the transfer agent in an amount equal to the public offering price on the date of purchase of the Shares being purchased less your sales concession, if any, with respect to such purchase order determined in accordance with the Prospectus. If payment for any purchase order is not received in accordance with the terms of the Prospectus, we reserve the right, without notice, to cancel the purchase and to hold you responsible for any loss sustained as a result thereof.
(c) If any Shares sold under the terms of this Agreement are sold with a sales charge and are redeemed or are tendered for redemption within seven (7) business days after confirmation of your purchase order for such Shares, you shall forthwith refund to us the full sales concession received by you on the sale.
(d) Certificates evidencing Shares generally will not be available. Upon payment for Shares in accordance with this paragraph 2, the transfer agent will issue and transmit to you or your customer a confirmation statement evidencing the purchase of such Shares. Any transaction in Shares, including pur...
Settlement and Delivery. Unless otherwise agreed by us in writing, on or before any Settlement Date, you agree to make to Moneycorp full payment of the required Delivery Amount, in collected funds, for all Hedging Contracts to be fully or partially Settled on the Settlement Date. Moneycorp has no obligation to make Delivery pursuant to any Hedging Contract unless and until it has collected the full Delivery Amount due on account of the Hedging Contracts being Settled on the applicable Settlement Date.
Settlement and Delivery. (a) You agree that payment for orders from You for the purchase of Shares will be made in accordance with the terms of the Prospectus. On or before the settlement date of each purchase order for Shares, You shall transfer same day funds to an account designated by us with the transfer agent in an amount equal to the offering price on the date of purchase of the Shares being purchased less Your sales concession, if any, with respect to such purchase order determined in accordance with the Prospectus. If payment for any purchase order is not received in accordance with the terms of the Prospectus, We reserve the right, without notice, to cancel the purchase and to hold You responsible for any loss sustained as a result thereof.
(b) Certificates evidencing Shares generally will not be available. Upon payment for Shares in accordance with this paragraph 2, the transfer agent will issue and transmit to You or Your customer a confirmation statement evidencing the purchase of such Shares. Any transaction in uncertificated Shares, including purchases, transfers, redemptions and repurchases, shall be effected and evidenced by book-entry on the records of the transfer agent.
(c) We will not accept any conditional orders for Shares transmitted by You.
(d) We and the Fund reserve the right in our discretion, without notice, to suspend sales or withdraw the offering of any Shares entirely.
(e) In making Shares available to Your clients or customers, You agree to comply with all Applicable Law, including the applicable law and regulation of the jurisdictions in which You sell any Shares directly or indirectly.
(f) Except as otherwise permitted by us, Shares owned by a shareholder must be in a separate identifiable account for such shareholder.
Settlement and Delivery. Broker shall obtain each customer's agreement to accept partial deliveries and to abide by other clearance arrangements as may be directed by any exchange or association. With respect to any settlements which involve the drafting of securities, draft charges, including interest expense, will be borne by Broker.
Settlement and Delivery. A. Certificates evidencing Shares will not be available. Upon payment for Shares, the Transfer Agent will issue and transmit to Dealer or its customer a confirmation statement evidencing the purchase of such Shares. Any transaction in uncertificated Shares, including purchases, transfers, redemptions and repurchases, shall be effected and evidenced by book-entry on the records of the Transfer Agent.
B. Dealer will transmit orders (new account applications) direct to your Transfer Agent on a fully disclosed basis, and shares of Funds owned by customers of Dealer will be held at your Transfer Agent.
Settlement and Delivery. Settlement occurs when your position closes or expires at the Settlement Price and the profit or loss is credited or deducted from your Futures Account (“Settlement”). We have the sole discretion to declare early settlement due to concerns about the underlying Digital Assets or to ensure a fair and orderly market (“Early Settlement”) without prior notice to you. We shall not be liable for any losses relating to any Early Settlement. In the event of Early Settlement, all relevant positions will undergo Settlement at a time determined by us.
Settlement and Delivery. (a) Delivery of the Senior Notes (or the Cash Settlement Amount, in respect of any Senior Notes as to which NRG has made a Cash Settlement Election) and the Notes Purchase Price, in respect of any exercise of the Issuance Right shall take place prior to 3:00 p.m. on the applicable Settlement Date. Unless otherwise changed by a prior written notice to the Trust by NRG (including, without limitation, an Issuance Notice), on the applicable Settlement Date, subject to the receipt of the Senior Notes (or such Cash Settlement Amount), the Notes Purchase Price shall be delivered to or upon the order of NRG according to the delivery instructions provided by NRG. For the avoidance of doubt, any delay in delivery of any Senior Notes or Cash Settlement Amount or the Notes Purchase Price shall not extinguish the rights of NRG or the Trust to receive the Notes Purchase Price or any Cash Settlement Amount or Senior Notes, as the case may be, following the exercise of the Issuance Right.
Settlement and Delivery. 4.1. Subject to sub-clause 4.2, payment of the consideration for the Shares shall be made by OFFEROR in the context of the Offer, in accordance with the settlement procedures set forth by the applicable tender offers regulations. The same shall apply, mutatis mutandis, to the delivery of the Shares by XXXX and (where the PEDIFRI Put Option has not been exercised or has been exercised and rescinded in accordance with clause 3)
