Common use of Shares Payment and Delivery Clause in Contracts

Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on the third (3rd) Business Day following the date of this Agreement (the “Effective Date”) (or the fourth (4th) Business Day following the Effective Date, if this Agreement is executed after 4:30 p.m. Eastern Time) or at such earlier time as shall be agreed upon by the Managing Underwriter and the Company at the offices of Xxxxx Lord LLP, counsel to the Underwriter (“Xxxxx Lord”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Managing Underwriter) representing the Firm Shares (or through the facilities of the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters for all the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 3 contracts

Samples: Underwriting Agreement (Ideal Power Inc.), Underwriting Agreement (Ideal Power Inc.), Underwriting Agreement (Ideal Power Inc.)

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Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day (as hereinafter defined) following the effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) (or the third (3rd) Business Day following the date of this Agreement (Effective Date if the “Effective Date”) (or the fourth (4th) Business Day following the Effective DateRegistration Statement is declared effective after 4:01 p.m., if this Agreement is executed after 4:30 p.m. Eastern Timetime) or at such earlier time as shall be agreed upon by the Managing Underwriter Representative and the Company at the offices of Xxxxx Lord LLPCompany, counsel to the Underwriter (“Xxxxx Lord”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Managing UnderwriterUnderwriters) representing the Firm Shares (or through the facilities of the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters Representative for all of the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 2 contracts

Samples: Underwriting Agreement (Nyiax, Inc.), Underwriting Agreement (Nyiax, Inc.)

Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on the third second (3rd2nd) Business Day following the date of this Agreement (the “Effective Date”) of the prospectus supplement included in the Prospectus (or the fourth (4th) Business Day following the Effective Date, if this Agreement is executed after 4:30 p.m. Eastern Timeas defined in Section 2.1.1 below) or at such earlier time as shall be agreed upon by the Managing Underwriter Representative and the Company Company, at the offices of Cozen O’Xxxxxx, 30 Xxxxx Lord LLP0xx Xxxxxx, counsel to the Underwriter Xxxxx 0000, Xxxxxxxxxxx, Xxxxxxxxx 00000 (“Xxxxx LordRepresentative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company Company, upon delivery of the certificates (in form and substance satisfactory to the Managing UnderwriterUnderwriters) representing the Firm Shares (or through the facilities of the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters Representative for all of the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 2 contracts

Samples: Underwriting Agreement (BitNile Holdings, Inc.), Underwriting Agreement (BitNile Holdings, Inc.)

Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on the third (3rd) Business Day following the effective date of this Agreement (the “Effective Date”) of the Registration Statement (as defined in Section 3.1.1 below) (or the fourth (4th) Business Day following the Effective Date, if this Agreement the Registration Statement is executed declared effective after 4:30 4:00 p.m. Eastern Time) or at such earlier time as shall be agreed upon by the Managing Underwriter Representative and the Company at the offices of Xxxxx Lord LLP, counsel to the Underwriter (“Xxxxx Lord”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance reasonably satisfactory to the Managing UnderwriterRepresentative) representing the Firm Shares (or through the facilities of the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter Underwriters may request in writing at least two (2) full Business Days (defined below) prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters for all the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 2 contracts

Samples: Underwriting Agreement (Long Island Iced Tea Corp.), Underwriting Agreement (Long Island Iced Tea Corp.)

Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on the third (3rd) Business Day following the date of this Agreement (the “Effective Date”) (or the fourth (4th) Business Day following the Effective Date, if this Agreement is executed after 4:30 p.m. Eastern Time) or at such earlier time as shall be agreed upon by the Managing Underwriter and the Company at the offices of Xxxxx Lord Xxxxxxxxxx & Xxxxx, LLP, counsel to the Underwriter (“Xxxxx LordR&P”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Managing Underwriter) representing the Firm Shares (or through the facilities of the Depository Trust Company (“DTC”)) for the account of the UnderwritersUnderwriter. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters Underwriter for all the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Imprimis Pharmaceuticals, Inc.)

Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on the third (3rd) Business Day following the date of this Agreement (the “Effective Date”) hereof (or the fourth (4th) Business Day following the Effective Datedate hereof, if this Agreement the Applicable Time is executed after later than 4:30 p.m. Eastern Time) time), or at such earlier time as shall be agreed upon by the Managing Underwriter Representative and the Company at the offices of Xxxxx Lord Loeb & Loeb, LLP, counsel to the Underwriter Underwriters (“Xxxxx LordLoeb & Loeb LLP”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Managing UnderwriterUnderwriters) representing the Firm Shares (or upon delivery of the Firm Shares through the facilities of the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters Representative for all the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New YorkYork City.

Appears in 1 contract

Samples: Underwriting Agreement (Funtalk China Holdings LTD)

Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on the third (3rd) Business Day following the date of this Agreement (the “Effective Date”) Date (or the fourth (4th) Business Day following the Effective Date, if this Agreement the Registration Statement is executed declared effective after 4:30 p.m. Eastern Timep.m.) or at such earlier time as shall be agreed upon by the Managing Underwriter Representative and the Company at the offices of Xxxxx Lord LLPHxxxxx and Bxxxx, LLP counsel to the Underwriter Underwriters (“Xxxxx LordHxxxxx and Bxxxx”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Managing UnderwriterUnderwriters) representing the Firm Shares (or through the facilities of the Depository Trust Company (the “DTC”)) for the account of the Underwriters. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters Representative for all the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New YorkYork City.

Appears in 1 contract

Samples: Underwriting Agreement (Skystar Bio-Pharmaceutical Co)

Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day following the date hereof (or the third (3rd) Business Day following the date hereof if the pricing of this Agreement (the “Effective Date”) (or the fourth (4th) Business Day following the Effective DateOffering occurs after 4:01 p.m., if this Agreement is executed after 4:30 p.m. Eastern Timetime) or at such earlier time as shall be agreed upon by the Managing Underwriter Representative and the Company Company, at the offices of Xxxxx Lord Xxxxxxxx & Worcester LLP, counsel to the Underwriter 0000 Xxxxxxxx, Xxx Xxxx, XX 00000 (“Xxxxx LordRepresentative Counsel ”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal U.S. dollars (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Managing UnderwriterUnderwriters) representing the Firm Shares (or through the facilities of the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters Representative for all of the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Netcapital Inc.)

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Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on the third (3rd) Business Day following the date of this Agreement (the “Effective Date”) (or the fourth (4th) Business Day following the Effective Date, if this Agreement is executed after 4:30 p.m. Eastern Time) or at such earlier time as shall be agreed upon by the Managing Underwriter Representative and the Company at the offices of Xxxxx Lord Xxxxxxxxxx & Xxxxx, LLP, counsel to the Underwriter Representative (“Xxxxx LordR&P”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Managing UnderwriterUnderwriters) representing the Firm Shares (or through the facilities of the Depository Trust Company (“DTC”)) for the account respective accounts of the Underwriters. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters for all the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Imprimis Pharmaceuticals, Inc.)

Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on the second (2nd) Business Day (as hereinafter defined) following the effective date (the “Effective Date”) of the Registration Statement (as defined in Section 2.1.1 below) (or the third (3rd) Business Day following the date of this Agreement (Effective Date if the “Effective Date”) (or the fourth (4th) Business Day following the Effective DateRegistration Statement is declared effective after 4:01 p.m., if this Agreement is executed after 4:30 p.m. Eastern Timetime) or at such earlier other time as shall be agreed upon by the Managing Underwriter Representative and the Company at the offices of Xxxxx Lord LLPCompany, counsel to the Underwriter (“Xxxxx Lord”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Managing UnderwriterUnderwriters) representing the Firm Shares (or through the facilities of the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters Representative for all of the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Brag House Holdings, Inc.)

Shares Payment and Delivery. (iA) Delivery and payment for the Firm Shares Units shall be made at 10:00 a.m., Eastern time, on the third (3rd) Business Day following the date of this Agreement hereof (the “Effective Date”) (or the fourth (4th) Business Day following the Effective Date, Date if this Agreement is executed after 4:30 p.m. 4:01 p.m., Eastern Timetime) or at such earlier time as shall be agreed upon by the Managing Underwriter Representative and the Company Company, at the offices of Xxxxx Lord Sxxxxx Xxxxxx LLP, counsel to the Underwriter 900 X Xxxxxx XX, Xxxxx 000, Xxxxxxxxxx XX 00000 (“Xxxxx LordRepresentative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Shares Units is called the “Closing Date.” (iiB) Payment for the Firm Shares Units shall be made on the Closing Date by wire transfer in Federal federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Managing UnderwriterUnderwriters) representing the Firm Shares Units (or through the facilities of the Depository Trust Company (“DTC”)) ), for the account of the Underwriters. The Firm Shares Units shall be registered in such name or names and in such authorized denominations as the Managing Underwriter Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares Units except upon tender of payment by the Underwriters Representative for all of the Firm SharesUnits or via delivery versus payment for the Units. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Samples: Underwriting Agreement (InspireMD, Inc.)

Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at 10:00 a.m., Eastern time, on the third (3rd) Business Day following the date of this Agreement (the “Effective Date”) (or the fourth (4th) Business Day following the Effective Date, if this Agreement is executed after 4:30 p.m. Eastern Time) or at such earlier time as shall be agreed upon by the Managing Underwriter and the Company at the offices of Xxxxx Lord LLP, counsel to the Underwriter (“Xxxxx Lord”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Managing Underwriter) representing the Firm Shares (or through the facilities of the Depository Trust Company (“DTC”)) for the account of the UnderwritersUnderwriter. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters Underwriter for all the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Ideal Power Inc.)

Shares Payment and Delivery. (i) Delivery and payment for the Firm Shares shall be made at the time and date of closing and delivery of the documents required to be delivered to the Underwriters pursuant to Sections 3 and 4 hereof shall be at 10:00 a.m., Eastern New York time, on the third (3rd) Business Day following the date of this Agreement (the “Effective Date”) (or the fourth (4th) Business Day following the Effective DateSeptember 10, if this Agreement is executed after 4:30 p.m. Eastern Time) or at such earlier time as shall be agreed upon by the Managing Underwriter and the Company 2013, at the offices of Rxxxxxxx Bxxx Lxxxxxxx Gxxxxx Gxxxxxxx & Gxxxx P.C., 800 Xxxxx Lord LLPXxxxxx, counsel to the Underwriter Xxx Xxxx, XX 00000 (“Xxxxx LordRepresentative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the Managing Underwriter Representative and the Company. The hour and date of delivery and payment for the Firm Shares is called the “Closing Date.” (ii) Payment for the Firm Shares shall be made on the Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery of the certificates (in form and substance satisfactory to the Managing UnderwriterUnderwriters) representing the Firm Shares (or through the facilities of the Depository Trust Company (“DTC”)) for the account of the Underwriters. The Firm Shares shall be registered in such name or names and in such authorized denominations as the Managing Underwriter Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Firm Shares except upon tender of payment by the Underwriters Representative for all of the Firm Shares. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Timberline Resources Corp)

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