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 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., New York time, on December 26, 2012, at the offices of Xxxxxxxx Xxxx Xxxxxxxx Xxxxxx Xxxxxxxx & Xxxxx P.C., 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 Underwriters) 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 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 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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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., New York Eastern time, on December 26October 21, 20122015 or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Xxxxxxxx Xxxx Xxxxxxxx Xxxxxx Ellenoff Xxxxxxxx & Xxxxx P.C.Schole LLP, 000 Xxxxx Xxxxxx1345 Avenue of the Americas, 00xx Xxxxx, Xxx Xxxx, XX 00000 (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 Underwriters) 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 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 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 (NXT-Id, 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., New York Eastern time, on December 26, 2012the third (3rd) Business Day following the date of this Agreement or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Xxxxxxxx Gxxxxxxxx Traurig, LLP, 200 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxx & Xxxxx P.C., 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 Underwriters) 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 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 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 (Ritter Pharmaceuticals 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., New York Eastern time, on December 26, 2012the second (2nd) Business Day following the date hereof or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Xxxxxxxx Xxxx Xxxxxxxx Blank Rome LLP, 1000 Xxxxxx Xxxxxxxx & Xxxxx P.C., 000 Xxxxx Xxxxxxxx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 Underwriters) 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 Representative may request in writing at least two one (21) full Business Days Day 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 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 (Venu Holding Corp)

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., New York Eastern time, on December 26, 2012the third (3rd) Business Day following the date hereof (the “Effective Date”) or at such other time as shall be agreed upon by the Representative and the Company, at the offices of Xxxxxxxx Loeb & Loeb LLP, 300 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxx & Xxxxx P.C., 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 (“Representative Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 Underwriters) 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 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 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 (Luxurban Hotels Inc.)

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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., New York Eastern time, on December 26, 2012the second (2nd) Business Day following the date of this Agreement or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Lucosky Xxxxxxxx LLP at 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxx & Xxxxx, Xxxxx P.C.Xxxxx, 000 Xxxxx Xxxxxx, Xxx XxxxXxxxxxxxxx, XX 00000 (“Representative Representative’s Counsel”), or at such other place (or remotely by facsimile or other electronic transmission) as shall be agreed upon by the 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 Underwriters) 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 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 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 (Aditxt, 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., New York Eastern time, on December 26November 16, 2012, 2021 or at such earlier time as shall be agreed upon in writing by the Representative and the Company at the offices of Xxxxxxxx Xxxx Xxxxxxxx Xxxxxx Xxxxxxxx & Xxxxx P.C.McGuireWoods LLP, 000 Xxxxx Xxxxxx1251 Avenue of the Axxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000 00000, counsel to the Underwriters (“Representative CounselMW”), or at such other place (or remotely by facsimile or other electronic transmissiontransmission of executed documents) as shall be agreed upon in writing by the 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 Underwriters) 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 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 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 YorkYork City.

Appears in 1 contract

Samples: Underwriting Agreement (Journey Medical Corp)

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