Share Delivery Obligation. Subject only to the limitations set forth in Section 2.4.2 above and any delays in delivery to Transfer Agent of the Transfer Agent Legal Opinion Letter, and within the applicable Exchange Share Delivery Period, Issuer shall be obligated to and shall take any and all steps required to either (a) if Transfer Agent is not participating in the DTC FAST Program during the applicable Exchange Share Delivery Period, and/or the Exchange Shares are not DTC Eligible, deliver for settlement to the window of Investor's brokerage account (as designated in the Transfer Agent Instruction Letter) physical certificates representing the Exchange Shares deliverable pursuant to the corresponding Exchange Request, or (b) if Transfer Agent is participating in the OTC FAST Program during the applicable Exchange Share Delivery Period, and/or the Exchange Shares are OTC Eligible, cause such transfer agent to effectuate delivery and settlement of such Exchange Shares electronically, in book-entry form, by appropriately crediting the account of the Investor's prime broker (as designated in the Transfer Agent Instruction Letter) with DTC through its DWAC System and providing proof satisfactory to the Investor thereof (in relation to any given Exchange Request, the “Issuer's Share Delivery Obligation").
Appears in 2 contracts
Samples: Securities Exchange and Settlement Agreement, Securities Exchange and Settlement Agreement (NYXIO TECHNOLOGIES Corp)
Share Delivery Obligation. Subject only to the limitations set forth in Section 2.4.2 above and any delays in delivery to Transfer Agent of the Transfer Agent Legal Opinion Letter, and within the applicable Exchange Share Delivery Period, Issuer shall be obligated to and shall take any and all steps required to either (a) if Transfer Agent is not participating in the DTC FAST Program during the applicable Exchange Share Delivery Period, and/or the Exchange Shares are not DTC Eligible, deliver for settlement to the window of Investor's ’s brokerage account (as designated in the Transfer Agent Instruction Letter) physical certificates representing the Exchange Shares deliverable pursuant to the corresponding Exchange Request, or (b) if Transfer Agent is participating in the OTC DTC FAST Program during the applicable Exchange Share Delivery Period, and/or the Exchange Shares are OTC DTC Eligible, cause such transfer agent to effectuate delivery and settlement of such Exchange Shares electronically, in book-entry form, by appropriately crediting the account of the Investor's ’s prime broker (as designated in the Transfer Agent Instruction Letter) with DTC through its DWAC System and providing proof satisfactory to the Investor thereof (in relation to any given Exchange Request, the “Issuer's ’s Share Delivery Obligation"”).
Appears in 2 contracts
Samples: Securities Exchange and Settlement Agreement, Securities Exchange and Settlement Agreement (Puget Technologies, Inc.)
Share Delivery Obligation. Subject only to the limitations set forth in Section 2.4.2 above and any delays in delivery to Transfer Agent of the Transfer Agent Legal Opinion Letter, and within the applicable Exchange Share Delivery Period, Issuer shall be obligated to and shall take any and all steps required to either (a) if Transfer Agent is not participating in the DTC FAST Program during the applicable Exchange Share Delivery Period, and/or the Exchange Shares are not DTC Eligible, deliver for settlement to the window of Investor's brokerage account (as designated in the Transfer Agent Instruction Letter) physical certificates representing the Exchange Shares deliverable pursuant to the corresponding Exchange Request, or (b) if Transfer Agent is participating in the OTC DTC FAST Program during the applicable Exchange Share Delivery Period, and/or the Exchange Shares are OTC DTC Eligible, cause such transfer agent to effectuate delivery and settlement of such Exchange Shares electronically, in book-entry form, by appropriately crediting the account of the Investor's prime broker (as designated in the Transfer Agent Instruction Letter) with DTC through its DWAC System and providing proof satisfactory to the Investor thereof (in relation to any given Exchange Request, the “"Issuer's Share Delivery Obligation").
Appears in 2 contracts
Samples: Securities Exchange and Settlement Agreement, Securities Exchange and Settlement Agreement (Cross Click Media Inc.)
Share Delivery Obligation. Subject only to the limitations set forth in Section 2.4.2 above and any delays in delivery to Transfer Agent of the Transfer Agent Legal Opinion Letter, and within the applicable Exchange Share Delivery Period, Issuer shall be obligated to and shall take any and all steps required to either (a) if Transfer Agent is not participating in the DTC FAST DTCF AST Program during the applicable Exchange Share Delivery Period, and/or and /or the Exchange Shares are not DTC Eligible, deliver for settlement to the window of Investor's ’s brokerage account (as designated in the Transfer Agent Instruction Letter) physical certificates representing the Exchange Shares Share deliverable pursuant to the corresponding Exchange Request, or (b) if Transfer Agent is participating in the OTC DTC FAST Program during the applicable Exchange Share Delivery Period, and/or the Exchange Shares are OTC DTC Eligible, cause such transfer agent to effectuate delivery and settlement of such Exchange Shares electronically, in book-entry form, by appropriately crediting the account of the Investor's ’s prime broker (as designated in the Transfer Agent Instruction Letter) with DTC through its DWAC System and providing proof satisfactory to the Investor thereof there of (in relation to any given Exchange Request, the “Issuer's ’s Share Delivery Obligation"”).
Appears in 1 contract
Samples: Securities Exchange and Settlement Agreement (APT Motovox Group, Inc.)
Share Delivery Obligation. Subject only to the limitations set forth in Section 2.4.2 above and any delays in delivery to Transfer Agent of the Transfer Agent Legal Opinion Letter, Letter and within the applicable Exchange Share Delivery Period, . Issuer shall be obligated to and shall take any and all steps required to either (a) if Transfer Agent is not participating in the DTC OTC FAST Program during the applicable Exchange Share Delivery Period, and/or the Exchange Shares are not DTC OTC Eligible, deliver for settlement to the window of Investor's brokerage account (as designated in the Transfer Agent Instruction Letter) physical certificates representing the Exchange Shares deliverable pursuant to the corresponding Exchange Request, or (b) if Transfer Agent is participating in the OTC FAST Program during the applicable Exchange Share Delivery Period, and/or the Exchange Shares are OTC Eligible, cause such transfer agent to effectuate delivery and settlement of such Exchange Shares electronically, in book-entry form, by appropriately crediting the account of the Investor's prime broker (as designated in the Transfer Agent Instruction Letter) with DTC OTC through its DWAC System and providing proof satisfactory to the Investor thereof (in relation to any given Exchange Request, the “"Issuer's Share Delivery Obligation").
Appears in 1 contract
Samples: Securities Exchange and Settlement Agreement (Aja Cannafacturing, Inc.)