Common use of Unit Payment and Delivery Clause in Contracts

Unit Payment and Delivery. (A) Delivery and payment for the Units shall be made at 11:00 a.m., Eastern time, on the third (3rd) Business Day following the date hereof (the “Effective Date”) (or the fourth (4th) Business Day following the Effective Date if this Agreement is executed after 4:01 p.m., Eastern time) or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Xxxxxx Xxxxxx LLP, 000 X Xxxxxx XX, Xxxxx 000, Xxxxxxxxxx XX 00000 (“Representative Counsel”), or at such other place (or by electronic transmission) as shall be agreed upon by the Representative and the Company. The hour and date of delivery and payment for the Units is called the “Closing Date.” (B) Payment for the Units shall be made on the Closing Date by wire transfer in federal (same day) funds, payable to the order of the Company upon delivery of the Firm Shares and Firm Warrants (in form and substance satisfactory to the Underwriters) representing the securities comprising the Units (or through the facilities of the Depository Trust Company (“DTC”) or with respect to the Firm Warrants by physical delivery), for the account of the Underwriters. The securities comprising the Units shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Intellipharmaceutics International Inc.)

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Unit Payment and Delivery. (Ai) Delivery and payment for the Units shall be made at 11:00 on or before 10:00 a.m., Eastern time, on the third second (3rd2nd) Business Day (as defined in 1.2.2.(ii) below) following the date hereof (the “Effective Date”) Date (or the fourth (4th) Business Day following the Effective Date if this Agreement the Registration Statement is executed declared effective after 4:01 p.m., Eastern time) or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Xxxxxx Xxxx Xxxxxx Xxxxxxxxxx, LLP, 000 X Xxxxxx XXXxx Xxxxxxx Xxxx Xxxxx, Xxxxx 00000xx Xxxxx, Xxxxxxxxxx Xxx Xxxx, XX 00000 (“Representative Representative’s Counsel”), or at such other place (or remotely by other electronic transmission) as shall be agreed upon by the Representative and the Company. The hour and date of delivery and payment for the Units is called the “Closing Date.” (Bii) Payment for the Units shall be made on the Closing Date by wire transfer in federal Federal (same day) funds, payable to the order of the Company Company, upon delivery of the Firm Shares and Firm Warrants (in form and substance satisfactory to the Underwriters) representing the securities comprising the Units (Units, or through the facilities of the Depository Trust Company (“DTC”) or with respect to the Firm Warrants by physical delivery), for the account of the Underwriters. The securities comprising the Units shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The Company shall not be obligated to sell or deliver the Units except upon tender of payment by the Representative for all of the Units. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Clip Interactive, LLC)

Unit Payment and Delivery. (A) Delivery and payment for the Units shall be made at 11:00 a.m., Eastern time, on the third (3rd) Business Day following the date hereof (the “Effective Date”) (or the fourth (4th) Business Day following the Effective Date if this Agreement is executed after 4:01 p.m., Eastern time) or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Xxxxxx Sxxxxx Xxxxxx LLP, 000 900 X Xxxxxx XX, Xxxxx 000, Xxxxxxxxxx XX 00000 (“Representative Counsel”), or at such other place (or by electronic transmission) as shall be agreed upon by the Representative and the Company. The hour and date of delivery and payment for the Units is called the “Closing Date.” (B) Payment for the Units shall be made prior to 4:30 p.m., Eastern time, on the Closing Date by wire transfer in federal (same day) funds, payable to the order of the Company upon delivery of the Firm Shares and Firm Warrants (in form and substance satisfactory to the Underwriters) representing the securities comprising the Units (or through the facilities of the Depository Trust Company (“DTC”) or with respect to the Firm Warrants by physical delivery), for the account of the Underwriters. The securities comprising the Units shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Tonix Pharmaceuticals Holding Corp.)

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Unit Payment and Delivery. (A) Delivery and payment for the Units shall be made at 11:00 a.m.prior to 2:00 p.m., Eastern time, on the third second (3rd2nd) Business Day following the date hereof (the “Effective Date”) (or the fourth third (4th3rd) Business Day following the Effective Date if this Agreement is executed after 4:01 p.m., Eastern time) or at such earlier time as shall be agreed upon by the Representative and the Company, at the offices of Xxxxxx Xxxxxx LLP, 000 X Xxxxxx XX, Xxxxx 000, Xxxxxxxxxx XX 00000 (“Representative Counsel”), or at such other place (or by electronic transmission) as shall be agreed upon by the Representative and the Company. The hour and date of delivery and payment for the Units is called the “Closing Date.” (B) Payment for the Units shall be made on the Closing Date by wire transfer in federal (same day) funds, payable to the order of the Company upon delivery of the Firm Shares (or Preferred Shares) and Firm Warrants (in form and substance satisfactory to the Underwriters) representing the securities comprising the Units (or through the facilities of the Depository Trust Company (“DTC”) or with respect to the Firm Warrants by physical delivery), for the account of the Underwriters. The securities comprising the Units shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Closing Date. The term “Business Day” means any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions are authorized or obligated by law to close in New York, New York.

Appears in 1 contract

Samples: Underwriting Agreement (Skyline Medical Inc.)

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