Subscription of Over-Allotment Capital Increase. If the Representative exercises the option granted to it under Section 2(c) of this Agreement, the Representative agrees, on the basis of the representations, warranties and agreements herein contained, and subject to the conditions stated below and to this Agreement having not been terminated, to: (i) subscribe for the number of Option Shares if any, for which the option to purchase has been exercised pursuant to Section 2(c) (the “Applicable Optional Shares”) at the issue price (Ausgabebetrag) of CHF 0.02 for each Applicable Option Share corresponding to the nominal value of each Applicable Optional Share, and to deliver the corresponding subscription form (Zeichnungsschein) in the form of Exhibit D to the Company by not later than 12:00 p.m. (CEST) two business days prior to the Option Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative pursuant to Section 2(c)); and (ii) deposit or cause to be deposited, not later than 1:30 p.m. (CEST) two business days prior to the Option Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative pursuant to Section 2(c)), same day funds for value on such date, in the amount of CHF 0.02 multiplied by the number of Applicable Option Shares (the “Over-Allotment Capital Increase Amount”) with the Capital Increase Bank, in the Over-Allotment Capital Increase Account and shall, and the Company shall, take all actions reasonably necessary to cause the Capital Increase Bank to issue and deliver a written confirmation of payment of the Over-Allotment Capital Increase Amount to the Company no later than 6:00 p.m. (CEST) two business days prior to the Option Closing Date (or at a later date, as set forth in the option exercise notice delivered by the Representative pursuant to Section 2(c)).
Appears in 2 contracts
Samples: Underwriting Agreement (Auris Medical Holding AG), Underwriting Agreement (Auris Medical Holding AG)
Subscription of Over-Allotment Capital Increase. If the Representative exercises Representatives exercise the option granted to it them under Section 2(c) 3 of this Agreement, the Representative agreesRepresentatives, acting in their own names but for the accounts of the several Underwriters, agree, on the basis of the representations, warranties and agreements herein contained, and subject to the conditions stated below and to this Agreement having not been terminated, to:
(i) subscribe for the number of Option Shares if any, Optional Securities for which the option to purchase has been exercised pursuant to Section 2(c) 3 (the “Applicable Optional SharesSecurities”) at the issue price (Ausgabebetrag) of CHF 0.02 for each Applicable Option Share Optional Security corresponding to the nominal value of each Applicable Optional ShareSecurity, and to deliver the corresponding subscription form (Zeichnungsschein) in the form of Exhibit D A hereto to the Company by not later than 12:00 p.m. (CEST) two 6:00 a.m. New York time on the third business days prior to day immediately preceding the Option Optional Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative Representatives pursuant to Section 2(c)3); and
(ii) deposit or cause to be deposited, not later than 1:30 p.m. (CEST) two 7:30 a.m. New York time on the second business days prior to day immediately preceding the Option Optional Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative Representatives pursuant to Section 2(c)3), same day funds for value on such date, in the amount of CHF 0.02 multiplied by the number of Applicable Option Shares Optional Securities (the “Over-Allotment Capital Increase Amount”) with the Capital Increase Bank, in a blocked account for the Over-Allotment Capital Increase Account and shall(Kapitaleinzahlungskonto), account number 0243 00000000.D7C, made out to the Company’s name (the “Over-Allotment Capital Increase Account”), and the Company shall, take all actions reasonably necessary to cause the Capital Increase Bank to issue and deliver a written confirmation of payment of the Over-Allotment Capital Increase Amount to the Company no later than 6:00 12:00 p.m. (CEST) two New York time on the second business days prior to day immediately preceding the Option Optional Closing Date (or at a later date, as set forth in the option exercise notice delivered by the Representative Representatives pursuant to Section 2(c)3).
Appears in 2 contracts
Samples: Underwriting Agreement (AC Immune SA), Underwriting Agreement (AC Immune SA)
Subscription of Over-Allotment Capital Increase. If the Representative exercises Representatives exercise the option granted to it them under Section 2(c) of this Agreement, the Representative agreesRepresentatives, acting in their own name but for the accounts of the several Underwriters, agree, on the basis of the representations, warranties and agreements herein contained, and subject to the conditions stated below and to this Agreement having not been terminated, to:
(i) subscribe for the number of Option Optional Shares if any, for which the option to purchase has been exercised pursuant to Section 2(c) (the “Applicable Optional Shares”) at the issue price (Ausgabebetrag) of CHF 0.02 0.40 for each Applicable Option Optional Share corresponding to the nominal value of each Applicable Optional Share, and to deliver the corresponding subscription form (Zeichnungsschein) in the form of Exhibit D C to the Company [by not later than 12:00 p.m. [8:00] a.m. (CEST) two on the business days prior to day following the relevant Option Closing Exercise Date (or such other date set forth in the relevant option exercise notice delivered by the Representative Representatives pursuant to Section 2(c))]; and
(ii) deposit or cause to be deposited, not later than 1:30 p.m. [8:00] a.m. (CEST) two on the second business days prior to day following the relevant Option Closing Exercise Date (or such other date set forth in the relevant option exercise notice delivered by the Representative Representatives pursuant to Section 2(c)), same day funds for value on such date, in the amount of CHF 0.02 0.40 multiplied by the number of Applicable Option Optional Shares (the “Over-Allotment Capital Increase Amount”) with the Capital Increase Bank, in a blocked account for the Over-Allotment Capital Increase Account and shall(Kapitaleinzahlungskonto), account no. [•], made out to the Company’s name (the “Over-Allotment Capital Increase Account”), and the Company shall, take all actions reasonably necessary to cause the Capital Increase Bank to issue and deliver a written confirmation of payment of the Over-Allotment Capital Increase Amount to the Company no later than 6:00 p.m. [•] (CEST) two on the second business days prior to day following the relevant Option Closing Exercise Date (or at a later date, as set forth in the option exercise notice delivered by the Representative Representatives pursuant to Section 2(c)).
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Subscription of Over-Allotment Capital Increase. If the Representative exercises Representatives exercise the option granted to it them under Section 2(c) 3 of this Agreement, Credit Suisse Securities (USA) LLC, acting in its own name but for the Representative accounts of the several Underwriters, agrees, on the basis of the representations, warranties and agreements herein contained, and subject to the conditions stated below and to this Agreement having not been terminated, to:
(i) subscribe (through Credit Suisse AG) for the number of Option Shares if any, Optional Securities for which the option to purchase has been exercised pursuant to Section 2(c) 3 (the “Applicable Optional SharesSecurities”) at the issue price (Ausgabebetragprix d’émission) of CHF 0.02 1/13 for each Applicable Option Share Optional Security corresponding to the nominal par value of each Applicable Optional ShareSecurity, and to deliver the corresponding subscription form (Zeichnungsscheinbulletin de souscription) in the form of Exhibit D C hereto to the Company by not later than 12:00 p.m. (CEST) two 6:00 a.m. New York time [three] business days prior to the Option Optional Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative Representatives pursuant to Section 2(c)3); and
(ii) deposit or cause to be deposited, not later than 1:30 p.m. (CEST) two 4:00 a.m. New York time three business days prior to the Option Optional Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative Representatives pursuant to Section 2(c)3), same day funds for value on such date, in the amount of CHF 0.02 1/13 multiplied by the number of Applicable Option Shares Optional Securities (the “Over-Allotment Capital Increase Amount”) with the Capital Increase Bank, in a blocked account for the Over-Allotment Capital Increase Account and shall(compte de consignation du capital), made out to the Company’s name (the “Over-Allotment Capital Increase Account”), and the Company shall, take all actions reasonably necessary to cause the Capital Increase Bank to issue and deliver a written confirmation of payment of the Over-Allotment Capital Increase Amount to the Company no later than 6:00 p.m. (CEST) two 9:00 a.m. New York time [three] business days prior to the Option Optional Closing Date (or at a later date, as set forth in the option exercise notice delivered by the Representative Representatives pursuant to Section 2(c)3).
Appears in 1 contract
Samples: Underwriting Agreement (ObsEva SA)
Subscription of Over-Allotment Capital Increase. If the Representative exercises the option granted to it under Section 2(c) of this Agreement, the Representative agrees, on the basis of the representations, warranties and agreements herein contained, and subject to the conditions stated below and to this Agreement having not been terminated, to:
(i) subscribe for the number of Option Shares if any, for which the option to purchase has been exercised pursuant to Section 2(c) (the “Applicable Optional Shares”) at the issue price (Ausgabebetrag) of CHF 0.02 0.40 for each Applicable Option Share corresponding to the nominal value of each Applicable Optional Share, and to deliver the corresponding subscription form (Zeichnungsschein) in the form of Exhibit D C to the Company by not later than 12:00 p.m. (CEST) two business days prior to the Option Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative pursuant to Section 2(c)); and
(ii) deposit or cause to be deposited, not later than 1:30 p.m. (CEST) two business days prior to the Option Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative pursuant to Section 2(c)), same day funds for value on such date, in the amount of CHF 0.02 0.40 multiplied by the number of Applicable Option Shares (the “Over-Allotment Capital Increase Amount”) with the Capital Increase Bank, in the Over-Allotment Capital Increase Account and shall, and the Company shall, take all actions reasonably necessary to cause the Capital Increase Bank to issue and deliver a written confirmation of payment of the Over-Allotment Capital Increase Amount to the Company no later than 6:00 p.m. (CEST) two business days prior to the Option Closing Date (or at a later date, as set forth in the option exercise notice delivered by the Representative pursuant to Section 2(c)).
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Subscription of Over-Allotment Capital Increase. If the Representative exercises Representatives exercise the option granted to it them under Section 2(c) 3 of this AgreementAgreement for such number of Optional Securities which, as the case may be, cannot be acquired from the Company as per Section 5(a) above, the Representative agreesRepresentatives, acting in their own names but for the accounts of the several Underwriters, agree, on the basis of the representations, warranties and agreements herein contained, and subject to the conditions stated below and to this Agreement having not been terminated, to:
(i) subscribe for the number of Option Shares if any, Optional Securities for which the option to purchase has been exercised pursuant to Section 2(c) 3 (the “Applicable Optional SharesSecurities”) at the issue price (Ausgabebetrag) of CHF 0.02 for each Applicable Option Share Optional Security corresponding to the nominal value of each Applicable Optional ShareSecurity, and to deliver the corresponding subscription form (Zeichnungsschein) in the form of Exhibit D A hereto to the Company by not later than 12:00 p.m. (CEST) two 6:00 a.m. New York time on the third business days prior to day immediately preceding the Option Optional Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative Representatives pursuant to Section 2(c)3); and
(ii) deposit or cause to be deposited, not later than 1:30 p.m. (CEST) two 7:30 a.m. New York time on the second business days prior to day immediately preceding the Option Optional Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative Representatives pursuant to Section 2(c)3), same day funds for value on such date, in the amount of CHF 0.02 multiplied by the number of Applicable Option Shares Optional Securities (the “Over-Allotment Capital Increase Amount”) with the Capital Increase Bank, in a blocked account for the Over-Allotment Capital Increase Account and shall(Kapitaleinzahlungskonto), account number 0243 00000000.D7C, made out to the Company’s name (the “Over-Allotment Capital Increase Account”), and the Company shall, take all actions reasonably necessary to cause the Capital Increase Bank to issue and deliver a written confirmation of payment of the Over-Allotment Capital Increase Amount to the Company no later than 6:00 12:00 p.m. (CEST) two New York time on the second business days prior to day immediately preceding the Option Optional Closing Date (or at a later date, as set forth in the option exercise notice delivered by the Representative Representatives pursuant to Section 2(c)3).
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Subscription of Over-Allotment Capital Increase. If the Representative exercises the option granted to it under Section 2(c) of this Agreement, the Representative Representative, acting in its own name but for the accounts of the several Underwriters, agrees, on the basis of the representations, warranties and agreements herein contained, and subject to the conditions stated below and to this Agreement having not been terminated, to:
(i) subscribe for the number of Option Optional Shares if any, for which the option to purchase has been exercised pursuant to Section 2(c) (the “Applicable Optional Shares”) at the issue price (Ausgabebetrag) of CHF 0.02 0.40 for each Applicable Option Optional Share corresponding to the nominal value of each Applicable Optional Share, and to deliver the corresponding subscription form (Zeichnungsschein) in the form of Exhibit D C to the Company by not later than 12:00 p.m. (CEST) two business days prior to the Option Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative pursuant to Section 2(c)); and
(ii) deposit or cause to be deposited, not later than 1:30 p.m. (CEST) two business days prior to the Option Closing Date (or such other date set forth in the relevant option exercise notice delivered by the Representative pursuant to Section 2(c)), same day funds for value on such date, in the amount of CHF 0.02 0.40 multiplied by the number of Applicable Option Optional Shares (the “Over-Allotment Capital Increase Amount”) with the Capital Increase Bank, in a blocked account for the Over-Allotment Capital Increase Account and shall(Kapitaleinzahlungskonto), IBAN XX00 0000 0000 0000 00X0 X, made out to the Company’s name (the “Over-Allotment Capital Increase Account”), and the Company shall, take all actions reasonably necessary to cause the Capital Increase Bank to issue and deliver a written confirmation of payment of the Over-Allotment Capital Increase Amount to the Company no later than 6:00 p.m. (CEST) two business days prior to the Option Closing Date (or at a later date, as set forth in the option exercise notice delivered by the Representative pursuant to Section 2(c)).
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