Use of Firm Capital Increase Amount. The funds deposited in the Firm Capital Increase Account shall, upon registration of the Firm Capital Increase pursuant to Section 4(c) and upon request by the Company, be transferred to a separate account of the Company with the Represenatives and shall, in such case, remain so deposited for the account of the Company until the earlier of: (i) the issuance of the Firm Securities to the Underwriters as set forth in Section 4(d) on the First Closing Date; and (ii) the date of receipt by the Representatives on behalf of the several Underwriters of the proceeds of (A) the sale of the Firm Securities as set forth in Sections 14(b), 14(c) or 14(e) or (B) the Capital Reduction as set forth in Section 14(d), as the case may be. Any fees payable to the Capital Increase Bank for any transfer of the funds deposited in the Firm Capital Increase Account pursuant to this Section 4(e) shall be payable directly to the Capital Increase Bank by the Company.
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Samples: Underwriting Agreement (AC Immune SA), Underwriting Agreement (AC Immune SA)
Use of Firm Capital Increase Amount. The funds deposited in the Firm Capital Increase Account shall, upon registration of the Firm Capital Increase pursuant to Section 4(c3(d) and upon request by the CompanyRepresentative, be transferred to a separate account of the Company with the Represenatives UBS AG, New York Branch and shall, in such case, remain so deposited for the account of the Company and shall not be used in any way whatsoever until the earlier of:
(i) the issuance delivery of the Firm Securities Shares to the Underwriters Representative as set forth in Section 4(d2(b) on the First Closing Date; and
(ii) the date of receipt by the Representatives on behalf of the several Underwriters Representative of the proceeds of (A) the sale of the Firm Securities Shares as set forth in Sections 14(b15(b), 14(c15(c) or 14(e15(e) or (B) the Capital Reduction as set forth in Section 14(d15(d), as the case may be. Any fees payable to the Capital Increase Bank for any transfer of the funds deposited in the Firm Capital Increase Account pursuant to this Section 4(e3(f) shall be payable directly to the Capital Increase Bank by the Company.
Appears in 2 contracts
Samples: Underwriting Agreement (Auris Medical Holding AG), Underwriting Agreement (Auris Medical Holding AG)
Use of Firm Capital Increase Amount. The funds deposited in the Firm Capital Increase Account shall, upon registration of the Firm Capital Increase pursuant to Section 4(c3(c) and upon request by the CompanyRepresentatives, be transferred to a separate account of the Company with the Represenatives [•] and shall, in such case, remain so deposited for the account of the Company until the earlier of:
(i) the issuance of the Firm Securities to the Underwriters as set forth in Section 4(d) on the First Closing Date; and
(ii) the date of receipt by the Representatives on behalf of the several Underwriters of the proceeds of (A) the sale of the Firm Securities Shares as set forth in Sections 14(b15(b), 14(c15(c) or 14(e15(e) or (B) the Capital Reduction as set forth in Section 14(d15(d), as the case may be. Any fees payable to the Capital Increase Bank for any transfer of the funds deposited in the Firm Capital Increase Account pursuant to this Section 4(e3(e) shall be payable directly to the Capital Increase Bank by the Company.
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Use of Firm Capital Increase Amount. The funds deposited in the Firm Capital Increase Account shall, upon registration of the Firm Capital Increase pursuant to Section 4(c3(c) and upon request by the CompanyRepresentative, be transferred to a separate account of the Company with the Represenatives [*******], New York Branch and shall, in such case, remain so deposited for the account of the Company and shall not be used in any way whatsoever until the earlier of:
(i) the issuance delivery of the Firm Securities Shares to the Underwriters Representative as set forth in Section 4(d2(b) on the First Closing Date; and
(ii) the date of receipt by the Representatives on behalf of the several Underwriters Representative of the proceeds of (A) the sale of the Firm Securities Shares as set forth in Sections 14(b15(b), 14(c15(c) or 14(e15(e) or (B) the Capital Reduction as set forth in Section 14(d15(d), as the case may be. Any fees payable to the Capital Increase Bank for any transfer of the funds deposited in the Firm Capital Increase Account pursuant to this Section 4(e3(e) shall be payable directly to the Capital Increase Bank by the Company.
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