Common use of The First Closing Date Clause in Contracts

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx 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 April 3, 2023 or such other time and date not later than 1:30 p.m. New York City time, on April 17, 2023 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.

Appears in 1 contract

Samples: Underwriting Agreement (Avadel Pharmaceuticals PLC)

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The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Offered Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx, Xxxxxxxxxx & Xxxxxxxxx LLP, located at 000 Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP Xxxxxx, San Francisco, California 94105 (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 time, on April 3October 13, 2023 2016, or such other time and date (not later than 1:30 p.m. New York City timeto exceed seven days from October 13, on April 17, 2023 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 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 1110 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (AxoGen, Inc.)

The First Closing Date. Delivery of certificates for the Firm ADSs Shares and Preferred Shares Firm Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP LLP, 00 Xxxxxx Xxxxx, New York, NY 10001 (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 April 3February 4, 2023 2021, or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on April 17February 4, 2023 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.

Appears in 1 contract

Samples: Ur-Energy Inc

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP LLP, 0000 Xxxxxxxx Xxxx, Xxx Xxxxx, 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 April 3[ ], 2023 2013, or such other time and date not later than 1:30 p.m. New York City time, on April 17[ ], 2023 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.

Appears in 1 contract

Samples: Underwriting Agreement (Five Prime Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP Banc of America Securities LLC, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 6:00 a.m. New York City timeSan Francisco time on ___________, on April 32000, 2023 or such other time and date not later than 1:30 p.m. New York City 10:30 a.m. San Francisco time, on April 17_____________, 2023 2000 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”"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 1110.

Appears in 1 contract

Samples: Underwriting Agreement (American Superconductor Corp /De/)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Banc of America Securities LLC, 0 Xxxx 00xx Xxxxxx Pxxxxxxxx Xxx Xxxx and Dxxx LLP XX (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[ ,] 2004, 2023 or such other time and date not later than 1:30 1-:30 p.m. New York City time, on April 17[ ,] 2004, 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 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 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Symmetry Medical Inc.)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP Xxxx LLP, 00 Xxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City Boston time, on April 3[___], 2023 or such other time and date not later than 1:30 p.m. New York City Boston time, on April 17, 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”"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 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Mykrolis Corp)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Coxxxx XLP, 1100 Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP xx xxx Xxxxxxxx, Xxx Xxxx, 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 Eastern time, on April 3March 25, 2023 2019, or such other time and date not later than 1:30 p.m. New York City Eastern time, on April 178, 2023 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.

Appears in 1 contract

Samples: Underwriting Agreement (Cellular Biomedicine Group, Inc.)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP NationsBanc Xxxxxxxxxx Securities LLC, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 6:00 a.m. New York City San Francisco time, on April 3[ ], 2023 or such other time and date not later than 1:30 p.m. New York City 10:30 a.m. San Francisco time, on April 17, 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 in no way limited to, any reasonable 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 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Pomeroy Select Integration Solutions Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Latxxx & Watxxxx, 085 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx LLP 00000 (or xr 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[___], 2023 or such other time and date not later than 1:30 1:00 p.m. New York City time, on April 17, 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 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Amn Healthcare Services Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Common ---------------------- Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP Banc of America, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 6:00 a.m. New York City San Francisco time, on April 3[____], 2023 or such other time and date not later than 1:30 p.m. New York City 10:30 a.m. San Francisco time, on April 17, 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 in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an any amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Therma Wave Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs Shares and Preferred Shares certificates of the Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx X.X. Xxxxxxxxxx & Co., LLC, 000 Xxxx and Dxxx LLP Xxxxxx, 0xx Xxxxx, Xxx Xxxx, 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 April 3January 25, 2023 2017, or such other time and date not later than 1:30 p.m. New York City time, on April 17, 2023 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 1111 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Pluristem Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Banc of America Securities LLC, 9 Xxxx 00xx Xxxxxx Pxxxxxxxx Xxx Xxxx and Dxxx LLP XX (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 3December , 2023 2004, or such other time and date not later than 1:30 p.m. New York City time, on April 17December , 2023 2004, 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 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Symmetry Medical Inc.)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP LLP, 00 Xxxxxx Xxxxx, New York, New York 10001 (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[●], 2023 2020, or such other time and date not later than 1:30 p.m. New York City time, on April 17[●], 2023 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 the 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.

Appears in 1 contract

Samples: Underwriting Agreement (C4 Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP LLP, 00 Xxxxxx Xxxxx, New York, New York 10001 (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 3June [ ], 2023 2021, or such other time and date not later than 1:30 p.m. New York City time, on April 17[ ], 2023 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 the 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.

Appears in 1 contract

Samples: Underwriting Agreement (C4 Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Offered Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxxx Procter LLP, located at 000 Xxxxxx Pxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx LLP 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 time, on April 3September 13, 2023 2011, or such other time and date (not later than 1:30 p.m. New York City timeto exceed seven days from September 13, on April 17, 2023 2011) 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 1110 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Raptor Pharmaceutical Corp)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx 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 April 3January 31, 2023 2007, or such other time and date not later than 1:30 p.m. New York City time, on April 17February 14, 2023 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”"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 1110.

Appears in 1 contract

Samples: Inverness Medical Innovations Inc

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Jefferies LLC, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx LLP 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 April 3May 30, 2023 2017, or such other time and date not later than 1:30 p.m. New York City time, on April 17June 13, 2023 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.

Appears in 1 contract

Samples: Underwriting Agreement (Glycomimetics Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP Jefferies, 520 Madison Avenue, New York, New York (or such other place as may be agreed to by the Company and the Representativeagxxxx xx xx xxx Xxxxxxx xxx xxx Xxxxxxxntative) at 9:00 a.m. New York City time, on April 3[___], 2023 or such other time and date not later than 1:30 p.m. New York City time, on April 17, 2023 [___] as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”"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 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Brantley Mezzanine Capital Corp)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Jefferies LLC, 520 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx LLP 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 3October 10, 2023 2017, or such other time and date not later than 1:30 p.m. New York City time, on April 17October 23, 2023 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.

Appears in 1 contract

Samples: Underwriting Agreement (Rigel Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxxxxx & Xxxxxxx LLP, 000 Xxxxxx Pxxxxxxxx Xxx., Xxx Xxxx, Xxx Xxxx and Dxxx LLP 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 time, on April 3March 28, 2023 2019, or such other time and date not later than 1:30 5:00 p.m. New York City Eastern time, on April 174, 2023 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.

Appears in 1 contract

Samples: Underwriting Agreement (Zomedica Pharmaceuticals Corp.)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeUnderwriters) at 9:00 a.m. New York City time, on April 3November 16, 2023 2009 or such other time and date not later than 1:30 p.m. New York City time, on April 17November 16, 2023 2009 as the Representative Underwriters 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 Underwriters 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 Underwriters to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Metabolix, Inc.)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxxx Xxxx and Dxxx LLP & Xxxxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, 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 April 3March 10, 2023 2004, or such other time and date not later than 1:30 p.m. New York City time, on April 17March 24, 2023 2004 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 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Aeroflex Inc)

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The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Pillsbury Winthrop LLP, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx 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 April 3[___], 2023 or such other time and date not later than 1:30 p.m. New York City time, on April 17, 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”"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 towithout limitation, 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 1110.

Appears in 1 contract

Samples: Source Interlink Companies Inc

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Shearman & Sterling LLP, 500 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx 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 April 3[___], 2023 or such other time and date not later than 1:30 p.m. New York City time, on April 17, 2023 time 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 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Acorda Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxxx Xxxx and Dxxx LLP & Xxxxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx XX (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[o], 2023 2004 or such other time and date not later than 1:30 p.m. p. m. New York City time, on April 17[o], 2023 2004 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 1110.

Appears in 1 contract

Samples: Global Signal Inc

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx 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 April 3[—], 2023 2012, or such other time and date not later than 1:30 p.m. New York City time, on April 17[—], 2023 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 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.

Appears in 1 contract

Samples: Underwriting Agreement (Proto Labs Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs Shares and Preferred Shares certificates of the Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx X.X. Xxxxxxxxxx & Co., LLC, 000 Xxxx and Dxxx LLP Xxxxxx, 0xx Xxxxx, Xxx Xxxx, 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 April 3January 25, 2023 2017, or such other time and date not later than 1:30 p.m. New York City time, on April 17, 2023 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 1111 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Pluristem Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxxx Day, 000 Xxxx and Dxxx LLP 00xx Xxxxxx, Xxx Xxxx, 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 325, 2023 2007 or such other time and date not later than 1:30 p.m. New York City time, on April 17May 9, 2023 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 1111 of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Hardinge Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx LLP 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 April 3June 20, 2023 2017, or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on April 17June 27, 2023 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.

Appears in 1 contract

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

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx 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 April 3August [ ], 2023 2008 or such other time and date not later than 1:30 p.m. New York City time, on April 17September [ ], 2023 2008 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 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Westport Innovations Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx & Xxxxxxx LLP, 000 Xxxx and Dxxx LLP Xxxxxx Xxxxx, 00xx Xxxxx, Xxxxx Xxxx, 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 April 3September 20, 2023 2016, or such other time and date not later than 1:30 p.m. New York City time, on April 17October 4, 2023 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.

Appears in 1 contract

Samples: Underwriting Agreement (Immune Design Corp.)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP Banc of America Securities LLC, 000 Xxxxxxxxxx Xxxxxx, San Francisco, California (or such other place as may be agreed to by the Company and the Representative) at 9:00 6:00 a.m. New York City San Francisco time, on April 3March __, 2023 or 2000,or such other time and date not later than 1:30 p.m. New York City 10:30 a.m. San Francisco time, on April 17March __, 2023 2000 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 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Exar Corp)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxxxxx & Xxxxxxx LLP, 000 Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP Xxxxxx, Xxx Xxxx, 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 April 3June 15, 2023 2015, or such other time and date not later than 1:30 p.m. New York City time, on April 17June 29, 2023 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.

Appears in 1 contract

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

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Jefferies LLC, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx LLP 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 April 324, 2023 2018, or such other time and date not later than 1:30 p.m. New York City time, on April 17May 8, 2023 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.

Appears in 1 contract

Samples: Underwriting Agreement (Rigel Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Jefferies LLC, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx and Dxxx LLP 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 February 3, 2023 2017, or such other time and date not later than 1:30 p.m. New York City time, on April February 17, 2023 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.

Appears in 1 contract

Samples: Underwriting Agreement (Rigel Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP LLP, 000 Xxxxxxxx Xxxxxx, Xxxxxx, 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[·], 2023 2018, or such other time and date not later than 1:30 p.m. New York City time, on April 17[·], 2023 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.

Appears in 1 contract

Samples: Underwriting Agreement (Scholar Rock Holding Corp)

The First Closing Date. Delivery of certificates for the Firm ADSs and Preferred Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx Pxxxxxxxx Xxxxxx Xxxxxxxxx Xxxx and Dxxx 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 April 3[•], 2023 [2019], or such other time and date not later than 1:30 p.m. New York City time, on April 17[•], 2023 [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.

Appears in 1 contract

Samples: Underwriting Agreement (Tcr2 Therapeutics Inc.)

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