Common use of The First Closing Date Clause in Contracts

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●], 2016, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (Parnell Pharmaceuticals Holdings LTD)

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The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzSkadden, LevinArps, CohnSlate, Ferris, Glovsky and Popeo, P.C. Xxxxxxx & Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●], 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company and the Selling Stockholder hereby acknowledges acknowledge that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company Company, the Selling Stockholder or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Evolus, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzMcGuireWoods LLP, Levin1000 0xx Xxxxxx, Cohn00xx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City Eastern time, on November [__], 2016, 2022 or such other time and date not later than 1:30 5:30 p.m. New York City Eastern time, on November [__], 2016 2022 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Cognition Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin000 Xxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx (or such other place as may reasonably be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]May 14, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [●]May 14, 2016 2020 as the Representative shall designate by written notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide written notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Chefs' Warehouse, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzCxxxxxxxx & Bxxxxxx LLP, LevinThe New York Times Building, Cohn600 Xxxxxx Xxxxxx, FerrisXxx Xxxx, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City Eastern time, on [●]July 16, 2016, 2021 or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on [●]July 30, 2016 2021 or as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Celldex Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzCxxxxxxxx & Bxxxxxx LLP, Levin600 Xxxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]November 1, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [●]November 15, 2016 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Abeona Therapeutics Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin12670 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●], 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Synthorx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●], 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Metacrine, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]March 3, 20162015, or such other time and date not later than 1:30 p.m. New York City time, on [●]March 17, 2016 2015 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Lion Biotechnologies, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and Firm Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000 Xxxxxx xx xxx Xxxxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 10:00 a.m. New York City Eastern time, on [●]September 25, 20162018, or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on [●]October 5, 2016 2018, as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Ur-Energy Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000 Xxxxxxx Xxxxxx, CohnXxxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●], 20162024, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 2024 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Silvaco Group, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxx Xxxx & Xxxxxxxx LLP, Levin0000 Xx Xxxxxx Xxxx, CohnXxxxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [●]December 9, 20162019, or such other time and date not later than 1:30 p.m. New York City time, on [●]December 23, 2016 2019 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 19Sections 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ardelyx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000 Xxxxxx xx xxx Xxxxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [·], 20162017, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 2017 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Verona Pharma PLC)

The First Closing Date. Delivery of certificates the book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Xxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 [9:00] a.m. New York City time, on [], 20162019, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 the date that is 10 business days following the initial contemplated closing] as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Liquidia Technologies Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzRopes & Xxxx LLP, Levin000 Xxxxxxxx Xxxxxx, CohnXxxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [], 2016 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Codiak BioSciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzLxxxxx & Wxxxxxx LLP, Levin800 Xxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]June 22, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [●]June 22, 2016 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (BioScrip, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and Firm Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzRopes & Gray LLP, Levin000 Xxxxxxxx Xxxxxx, CohnXxxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]September 15, 20162022, or such other time and date not later than 1:30 p.m. New York City time, on [●]September 15, 2016 2022 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Codiak BioSciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]April 3, 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [●]April 17, 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]June 11, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [●]June 25, 2016 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Retrophin, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin000 Xxxx Xxxxxx Xxxxx, Cohn00xx Xxxxx, FerrisXxxxx Xxxx, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]November 15, 20162012, or such other time and date not later than 1:30 p.m. New York City time, on [●]November 15, 2016 2012, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Array Biopharma Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzLxxxxx & Wxxxxxx LLP, Levin10000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]December 22, 20162014, or such other time and date not later than 1:30 p.m. New York City time, on [●]January 7, 2016 2015 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Lion Biotechnologies, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxxxx 000, FerrisXxx Xxxxx, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]October 29, 20162013, or such other time and date not later than 1:30 p.m. New York City time, on [●]November 12, 2016 2013, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin000 Xxxxxxxxxx Xxxxxx, Cohn0xx Xxxxx, FerrisXxx Xxxxxxxxx, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 20162015, or such other time and date not later than 1:30 p.m. New York City time, on [], 2016 2015 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (ProNAi Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin000 Xxxx Xxxxxx Xxxxx, Cohn00xx Xxxxx, FerrisXxxxx Xxxx, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]August 9, 20162021, or such other time and date not later than 1:30 p.m. New York City time, on [●]August 23, 2016 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section Sections 11 and Section 19.. 15

Appears in 1 contract

Samples: Underwriting Agreement (Green Plains Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Mintz, Levin, Cohn, Ferris, Glovsky Xxxxxx Xxxxxx Xxxxxxxxx Xxxx and Popeo, P.C. Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. [•] [a][p].m. New York City time, on [], 20162021, or such other time and date not later than 1:30 p.m. [•] [a][p].m. New York City time, on [], 2016 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Oncorus, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxx Xxxx & Xxxxxxxx LLP, Levin0000 Xx Xxxxxx Xxxx, CohnXxxxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [●]May 25, 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [●]June 8, 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 19Sections 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ardelyx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin000 Xxxx Xxxxxx Xxxxx, Cohn00xx Xxxxx, FerrisXxxxx Xxxx, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]March 1, 20162021, or such other time and date not later than 1:30 p.m. New York City time, on [●]March 15, 2016 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section Sections 11 and Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (Green Plains Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxxxx & Xxxxx, LevinLLP, Cohn000 Xxxx 00xx Xxxxxx, Ferris00xx Xxxxx, Glovsky and PopeoXxx Xxxx, P.C. XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. a.m., New York City time, on [●]., 20162003, or such other time and date not later than 1:30 p.m. p.m., New York City time, on [●]., 2016 2003 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1910.

Appears in 1 contract

Samples: Underwriting Agreement (Nexstar Broadcasting Group Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzLxxxxx & Wxxxxxx LLP, Levin10000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]June 2, 2016, 2020 or such other time and date not later than 1:30 p.m. New York City time, on [●]June 16, 2016 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzLxxxxx & Wxxxxxx LLP, Levin1000 Xxxxxx xx xxx Xxxxxxxx, CohnXxx Xxxx, FerrisXxx Xxxx, Glovsky and Popeo, P.C. 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]April 21, 20162023, or such other time and date not later than 1:30 p.m. New York City time, on [●]April 21, 2016 2023 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (TELA Bio, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]February 3, 20162015, or such other time and date not later than 1:30 p.m. New York City time, on [●]February 18, 2016 2015, as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Cxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]December 18, 20162023, or such other time and date not later than 1:30 p.m. p.m., New York City time, on [●]January 3, 2016 2024 as the Representative Representatives shall designate by notice to the Company that shall not be earlier than one nor later than three full business days after the delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Ocular Therapeutix, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●], 20162021, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Reneo Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000 Xxxxxxxx Xxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. 10:00 A.M. New York City time, on [●]March 29, 20162021, or such other time and date not later than 1:30 p.m. P.M. New York City time, on [●]April 12, 2016 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Evofem Biosciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxxxxx & Xxxxxxx LLP, Levin000 Xxxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]February 2, 20162024, or such other time and date not later than 1:30 p.m. New York City time, on [●]February 16, 2016 2024 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Corbus Pharmaceuticals Holdings, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [●]January 22, 20162019, or such other time and date not later than 1:30 p.m. New York City time, on [●]February 5, 2016 2019, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Ropes & Gxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]May 22, 20162020, or such other time and date not later than 1:30 p.m. p.m., New York City time, on [●]June 8, 2016 2020 as the Representative Representatives shall designate by notice to the Company that shall not be earlier than one nor later than three full business days after the delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Ocular Therapeutix, Inc)

The First Closing Date. Delivery of certificates (as evidence of book-entry transfer) for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzSkadden, LevinArps, CohnSlate, FerrisXxxxxxx & Xxxx, Glovsky and PopeoLLP, P.C. located at Xxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may shall be agreed reasonably acceptable to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]October 29, 20162019, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section Sections 11 and Section 1918.

Appears in 1 contract

Samples: Underwriting Agreement (Opko Health, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzRopes & Xxxx LLP, Levin000 Xxxxxxxx Xxxxxx, CohnXxxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on February [●], 2016•] 2021, or such other time and date not later than 1:30 p.m. New York City time, on February [], 2016 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Codiak BioSciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000 Xxxxxxxx Xxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 [ ] [a.m. / p.m.] New York City time, on [●[ ], 20162014, or such other time and date not later than 1:30 [ ] p.m. New York City time, on [●[ ], 2016 2014 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Five Prime Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzJefferies, Levin000 Xxxxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]April 26, 20162010, or such other time and date not later than 1:30 p.m. New York City time, on [●]April 26, 2016 2010 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company and the Selling Stockholders hereby acknowledges acknowledge that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company Company, the Selling Stockholders or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Igate Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]October 16, 2016, 2018 or such other time and date not later than 1:30 p.m. New York City time, on [●]October 30, 2016 2018 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzUBS, Levin200 Xxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]November 20, 20162007, or such other time and date not later than 1:30 p.m. New York City time, on [●]December 5, 2016 2007 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company and the Selling Stockholders hereby acknowledges acknowledge that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company Company, the Selling Stockholders or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1910.

Appears in 1 contract

Samples: Underwriting Agreement (Inverness Medical Innovations Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzSkadden, LevinArps, CohnSlate, Ferris, Glovsky and Popeo, P.C. Xxxxxxx & Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]July 23, 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [●]August 6, 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company and the Selling Stockholder hereby acknowledges acknowledge that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company Company, the Selling Stockholder or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Evolus, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [●]January 14, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [●]January 29, 2016 2020, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzCxxxxxxxx & Bxxxxxx LLP, Levin600 Xxxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]October 19, 20162017, or such other time and date not later than 1:30 p.m. New York City time, on [●]November 2, 2016 2017 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Abeona Therapeutics Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzX.X. Xxxxxx, Levin000 Xxxxxxx Xxxxxx, Cohn00xx Xxxxx, FerrisXxx Xxxx, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]March 28, 20162017, or such other time and date not later than 1:30 p.m. New York City time, on [●]April 11, 2016 2017 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (La Jolla Pharmaceutical Co)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzLxxxxx & Wxxxxxx LLP, Levin12670 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or xx such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. (New York City time), on [●]April 10, 20162023, or such other time and date not later than 1:30 p.m. (New York City time), on [●]April 10, 2016 2023 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Protagonist Therapeutics, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzLxxxxx & Wxxxxxx LLP, Levin10000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. (New York City time), on [●]June 24, 20162019, or such other time and date not later than 1:30 p.m. (New York City time), on [●]July 9, 2016 2019 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Cryoport, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzSidley Austin Brown & Wood LLP, Levin787 Seventh Avenue, CohnNew York, Ferris, Glovsky and Popeo, P.C. NY 10019 (or such other place as xxxx xxxxx xlacx xx may be agreed to by the Company and the Representativebx xxxxxx xx xx xxx Xxxxxxx xxx xxx Xxxresentatives) at 9:00 a.m. New York City time, on [●]May 9, 2016, 2005 or such other time and date not later than 1:30 p.m. New York City time, on [●]May 16, 2016 2005 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1910.

Appears in 1 contract

Samples: Global Signal Inc

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]May 8, 20162023, or such other time and date not later than 1:30 p.m. New York City time, on [●]May 22, 2016 2023 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Reneo Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Offered Notes to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxxx Xxxxxxx & Xxxxxxxx LLP, Levin000 Xxxxxxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 7:00 a.m. New York City San Francisco time, on [●]January 25, 20162013, or such other time and date not later than 1:30 p.m. New York City 10:30 a.m. San Francisco time, on [●]January 25, 2016 2013 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are is called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1910.

Appears in 1 contract

Samples: Underwriting Agreement (JMP Group Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. (New York City time), on [●]May 14, 20162020, or such other time and date not later than 1:30 p.m. (New York City time), on [●]May 28, 2016 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Protagonist Therapeutics, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Ropes & Gxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]October 16, 20162020, or such other time and date not later than 1:30 p.m. p.m., New York City time, on [●]October 30, 2016 2020 as the Representative Representatives shall designate by notice to the Company that shall not be earlier than one nor later than three full business days after the delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Ocular Therapeutix, Inc)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxxxx Chance US LLP, Levin00 Xxxx 00xx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]February 7, 20162006, or such other time and date not later than 1:30 p.m. New York City time, on [●]February 21, 2016 2006, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives that the Company is legally required to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1910.

Appears in 1 contract

Samples: Underwriting Agreement (Nuvasive Inc)

The First Closing Date. Delivery of certificates book-entry entitlements for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzDentons US LLP, Levin1000 Xxxxxx xx xxx Xxxxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 10:00 a.m. New York City Eastern time, on [●]February 2, 20162021, or such other time and date not later than 1:30 1:00 p.m. New York City Eastern time, on [●]February 2, 2016 2021, as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Outlook Therapeutics, Inc.)

The First Closing Date. Delivery by electronic book-entry of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000 Xxxxxx xx xxx Xxxxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City Eastern time, on [●]September 14, 20162018, or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on [●]September 24, 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Pacific Biosciences of California, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzJefferies LLC, Levin000 Xxxxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. 9:00a.m. (New York City time) on November 16, on [●], 20162018, or such other time and date not later than 1:30 p.m. (New York City time) on December 3, on [●], 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (CareDx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxxxx 000, FerrisXxx Xxxxx, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]March 20, 20162013, or such other time and date not later than 1:30 p.m. New York City time, on [●]April 3, 2016 2013 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (TherapeuticsMD, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]January 29, 2016, 2018 or such other time and date not later than 1:30 p.m. New York City time, on [●]February 12, 2016 2018 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [●]November 30, 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [●]December 14, 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

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The First Closing Date. Delivery of certificates for the Firm Shares Units to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzStifxx, LevinXxxxxxxx & Xompany, CohnIncorporated, Ferris500 Xxxxx Xxxxxxxx, Glovsky and PopeoXxxxx 0000, P.C. Xx. Xxxxx, Xxxxxxxx (or xx such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [___], 2016, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1910.

Appears in 1 contract

Samples: Underwriting Agreement (Hanover Capital Holdings Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]July 31, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [●]August 14, 2016 2020 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (ESSA Pharma Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin000 Xxxxx Xxxxx, CohnMenlo Park, Ferris, Glovsky and Popeo, P.C. California 94025 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●], 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (Menlo Therapeutics, Inc.)

The First Closing Date. Delivery by electronic book-entry of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000 Xxxxxx xx xxx Xxxxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 10:00 a.m. New York City Eastern time, on [●]February 15, 20162018, or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on [●]February 25, 2016 2018 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Pacific Biosciences of California, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx and Xxxxxxx LLP, Levin000 Xxxxxxxxxx Xxxxxx, CohnSan Francisco, Ferris, Glovsky and Popeo, P.C. California 94111 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 20162021, or such other time and date not later than 1:30 p.m. New York City time, on [], 2016 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Arteris, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [●]September 20, 20162019, or such other time and date not later than 1:30 p.m. New York City time, on [●]October 4, 2016 2019 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin000 Xxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]May 21, 20162019, or such other time and date not later than 1:30 p.m. New York City time, on [●]June 5, 2016 2019 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1910. Delivery of the Firm Shares shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Waitr Holdings Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin000 Xxxxxxxxxx Xxxxxx, Cohn0xx Xxxxx, FerrisXxx Xxxxxxxxx, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeLead Representatives) at 9:00 a.m. New York City time, on [●]January 12, 20162015, or such other time and date not later than 1:30 p.m. 11:00 a.m. New York City time, on [●]January 12, 2016 2015 as the Representative Lead Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Lead Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Lead Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Five Prime Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxxx Procter LLP, Levin000 Xxxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]March 5, 20162014, or such other time and date not later than 1:30 p.m. New York City time, on [●]the tenth Business Day thereafter, 2016 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Compugen LTD)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxxxx 000, FerrisXxx Xxxxx, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]February 14, 20162012, or such other time and date not later than 1:30 p.m. New York City time, on [●]February 14, 2016 2012, as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Array Biopharma Inc)

The First Closing Date. Delivery of certificates book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000, CohnXxxxxxx Xx., FerrisXxxx Xxxx, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [●]September 14, 20162018, or such other time and date not later than 1:30 p.m. New York City timetime on September 24, on [●]2018, 2016 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Endocyte Inc)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxxxx & Xxxxx LLP, Levin000 Xxxxxxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 20162024, or such other time and date not later than 1:30 p.m. New York City time, on [], 2016 2024 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Allurion Technologies, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzJxxxxxxxx & Company, LevinInc., Cohn500 Xxxxxxx Xxxxxx, FerrisXxx Xxxx, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]December 12, 20162007, or such other time and date not later than 1:30 p.m. New York City time, on [●]December 27, 2016 2007 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Penford Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000 Xxxxxxxx Xxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 20162021, or such other time and date not later than 1:30 p.m. New York City time, on [], 2016 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Ventyx Biosciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzCxxxxxxxx & Bxxxxxx LLP, Levin600 Xxxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]February 11, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [●]February 26, 2016 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Corbus Pharmaceuticals Holdings, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]September 21, 20162015, or such other time and date not later than 1:30 p.m. New York City time, on [●]October 6, 2016 2015, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [●]June 27, 20162019, or such other time and date not later than 1:30 p.m. New York City time, on [●]July 11, 2016 2019, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzPxxx Xxxxxxxx LLP, LevinThe MetLife Building, Cohn200 Xxxx Xxxxxx, FerrisXxx Xxxx, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]January 23, 20162024, or such other time and date not later than 1:30 p.m. New York City time, on [●]January 23, 2016 2024 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 Sections 10 and Section 1918.

Appears in 1 contract

Samples: Underwriting Agreement (Esperion Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzMayer, LevinBrown, CohnXxxx & Maw LLP, Ferris0000 Xxxxxxxx, Glovsky and PopeoXxx Xxxx, P.C. Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●[ ], 2016, ,or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 [ ] as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company Company, the Selling Stockholder or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Claymont Steel Holdings, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]January 25, 20162021, or such other time and date not later than 1:30 p.m. New York City time, on [●]February 8, 2016 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (CareDx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Offered Notes to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzSxxxxxx Xxxxxxx & Bxxxxxxx LLP, Levin400 Xxxxxxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 7:00 a.m. New York City San Francisco time, on [●]January 29, 20162014, or such other time and date not later than 1:30 p.m. New York City 10:30 a.m. San Francisco time, on [●]January 29, 2016 2014 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are is called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1910.

Appears in 1 contract

Samples: Underwriting Agreement (JMP Group Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeSelling Stockholders and the Representatives) at 9:00 a.m. New York City time, on [●]December 12, 20162012, or such other time and date not later than 1:30 p.m. New York City time, on [●]December 27, 2016 2012 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company and the Selling Stockholders hereby acknowledges acknowledge that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company Company, the Selling Stockholders or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1912.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.)

The First Closing Date. Delivery of certificates book entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000, CohnXxxxxxx Xx, FerrisXxxx Xxxx, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [●]March 2, 20162018, or such other time and date not later than 1:30 p.m. New York City timetime on March 12, on [●]2018, 2016 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Endocyte Inc)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin000 Xxxxxxxxxx Xxxxxx, CohnXxx Xxxxxxxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City [10:00] A.M. Eastern time, on [], 20162018, or such other time and date not later than 1:30 p.m. New York City [•] P.M. Eastern time, on [], 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of [Section 11 and Section 1911].

Appears in 1 contract

Samples: Underwriting Agreement (Evofem Biosciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●], 2016February 17. 2021, or such other time and date not later than 1:30 p.m. New York City time, on [●]March 3, 2016 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Travere Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzLxxxxx & Wxxxxxx LLP, Levin10000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]September 25, 20162017, or such other time and date not later than 1:30 p.m. New York City time, on [●]October 9, 2016 2017 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Mintz, LevinLxxxx, CohnCxxx, FerrisFxxxxx, Glovsky Gxxxxxx and PopeoPxxxx, P.C. (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]January 25, 20162024, or such other time and date not later than 1:30 p.m. New York City time, on [●]January 25, 2016 2024 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section Sections 11 and Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (Adicet Bio, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzLatham & Xxxkinx XXX, Levin12670 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such xx xuch other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. (New York City time), on [●]December 15, 20162020, or such other time and date not later than 1:30 p.m. (New York City time), on [●]December 29, 2016 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Protagonist Therapeutics, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●], 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Equillium, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and Pre-Funded Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]February 24, 20162020, or such other time and date not later than 1:30 p.m. pm New York City time, on [●]February 24, 2016 2020 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1910.

Appears in 1 contract

Samples: Underwriting Agreement (Axovant Gene Therapies Ltd.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [●]July 24, 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [●]August 7, 2016 2018 as the Representative shall designate by notice to the Company and shall not be earlier than one nor later than three full business days after delivery of such notice (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Zynerba Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]June 15, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [●]June 29, 2016 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (CareDx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin00000 Xxxx Xxxxx Xxxxx, CohnXxx Xxxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [●]November 24, 20162021, or such other time and date not later than 1:30 p.m. New York City time, on [●]December 15, 2016 2021, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000 Xxxxxx xx xxx Xxxxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●], 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [●], 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (LogicBio Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx LLP, Levin0000 Xxxxxxx Xxxxxx, CohnXxxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [], 2016 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (ARMO BioSciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxxxx & Xxxxx LLP, Levin000 Xxxxxxxxx Xxxxxx, CohnXxx Xxxx, Ferris, Glovsky and Popeo, P.C. Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]July 1, 20162024, or such other time and date not later than 1:30 p.m. New York City time, on [●]July 1, 2016 2024 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Allurion Technologies, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin000 0xx Xxxxxx, CohnXxx Xxxx, FerrisXxx Xxxx, Glovsky and Popeo, P.C. 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●[ ], 2016, 2020 or such other time and date not later than 1:30 p.m. New York City time, on [●[ ], 2016 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Keros Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and Firm Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Mintz, LevinXxxxx, CohnXxxx, FerrisXxxxxx, Glovsky and PopeoXxxxxxx & Xxxxx, P.C. (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]February 7, 20162023, or such other time and date not later than 1:30 p.m. New York City time, on [●]February 14, 2016 2023 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Avalo Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of MintzXxxxxx & Xxxxxxx LLP, Levin0000 Xxxxxx xx xxx Xxxxxxxx, CohnXxx Xxxx, FerrisXxx Xxxx, Glovsky and Popeo, P.C. 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [●]January 8, 2016, 2024 or such other time and date not later than 1:30 p.m. New York City time, on [●]January 23, 2016 2024 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11 and Section 1911.

Appears in 1 contract

Samples: Underwriting Agreement (Keros Therapeutics, Inc.)

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