Common use of Settlement and Delivery Clause in Contracts

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.

Appears in 2 contracts

Samples: Sales Agreement (Gsi Technology Inc), Sales Agreement (LiveXLive Media, Inc.)

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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 Designated Agent, after deduction of (i) the Sales Designated 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 Designated Agent pursuant to Section 7(i7(h) of this Agreement and (iii) any transaction fees imposed by any governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (Rigetti Computing, Inc.)

Settlement and Delivery. (a) Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the second first 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.

Appears in 1 contract

Samples: Sales Agreement (LiveOne, Inc.)

Settlement and Delivery. (a) 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 -4- Shares sold (the “Net Proceeds”) will be equal to the aggregate gross sales price received by the Sales Designated Agent, after deduction of (i) the Sales Designated 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 Designated Agent pursuant to Section 7(i7(h) of this Agreement and (iii) any transaction fees imposed by any governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Sales Agreement (D-Wave Quantum Inc.)

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Settlement and Delivery. (a) 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 -3- 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.

Appears in 1 contract

Samples: Sales Agreement (Velo3D, Inc.)

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