Delivery of and Payment for the Shares. Delivery of and payment for the Firm Shares shall be made at 10:00 a.m., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Initial Delivery Date.” Delivery of the Firm Shares shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Firm Shares being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Firm Shares through the facilities of the Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. The option granted in Section 2 will expire 30 days after the date of this Agreement and may be exercised in whole or from time to time in part by written notice being given to the Company by the Representative; provided that if such date falls on a day that is not a business day, the option granted in Section 2 will expire on the next succeeding business day. Such notice shall set forth the aggregate number of Option Shares as to which the option is being exercised, the names in which the Option Shares are to be registered, the denominations in which the Option Shares are to be issued and the date and time, as determined by the Representative, when the Option Shares are to be delivered; provided, however, that this date and time shall not be earlier than the Initial Delivery Date nor earlier than the second business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. Each date and time the Option Shares are delivered is sometimes referred to as an “Option Shares Delivery Date,” and the Initial Delivery Date and any Option Shares Delivery Date are sometimes each referred to as a “Delivery Date.” Delivery of the Option Shares by the Company and payment for the Option Shares by the several Underwriters through the Representative shall be made at 10:00 a.m., New York City time...
Delivery of and Payment for the Shares. (a) Delivery of certificates for the Firm Shares and the Option Shares (if the option granted pursuant to Section 3(c) hereof shall have been exercised not later than 1:00 p.m., New York time, on the date at least two business days preceding the Closing Date), and payment therefor, shall be made at the office of Xxxxxxx, Xxxxxxx & Xxxxxxxx LLP, Xxxxx Street Tower, One Market, Xxx Xxxxxxxxx, XX 00000 at 10:00 a.m., New York time; on the fourth business day after the date of this Agreement, or at such time on such other day, not later than seven full business days after such fourth business day, as shall be agreed upon in writing by the Company and you (the "Closing Date").
(b) If the option granted pursuant to Section 3(c) hereof shall be exercised after 1:00 p.m., New York time, on the date two business days preceding the Closing Date, and on or before the 30th day after the date of this Agreement, delivery of certificates for the Option Shares, and payment therefor, shall be made at the office of Xxxxxxx, Phleger & Xxxxxxxx LLP, Xxxxx Street Tower, One Market, Xxx Xxxxxxxxx, XX 00000 at 10:00 a.m., New York time, on the third business day after the exercise of such option.
(c) Payment for the Shares purchased from the Company shall be made to the Company or its order, by either a same day funds check or Federal Funds (same day funds) wire transfer. Such payment shall be made upon delivery of certificates for the Shares to you for the respective accounts of the several Underwriters against receipt therefor signed by you. Certificates for the Shares to be delivered to you shall be registered in such name or names and shall be in such denominations as you may request at least three business days before the Closing Date, in the case of Firm Shares, and at least two business days prior to the Option Closing Date, in the case of the Option Shares. Such certificates will be made available to the Underwriters for inspection, checking and packaging at a location in New York, New York, designated by the Underwriters not less than one full business day prior to the Closing Date or, in the case of the Option Shares, by 3:00 p.m., New York time, on the business day preceding the Option Closing Date. It is understood that you, individually and not on behalf of the Underwriters, may (but shall not be obligated to) make payment to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later Opt...
Delivery of and Payment for the Shares. Provided that the Escrow Agent is authorized and empowered in accordance with the terms of the Escrow Agreement to release the proceeds of the Offering from escrow as described in the Escrow Agreement, and provided further that this Agreement shall not have been terminated pursuant to the terms hereof, payment for the Shares shall be made at a closing (the "Closing") to be held at the offices of the Agent's counsel (or such other place as the parties hereto may agree), as provided herein. The date of a Closing hereunder is sometimes referred to as the "Closing Date". Payment for the Shares sold on behalf of the Company by the Agent shall be made to the Company or to the order of the Company by the Escrow Agent acting upon instructions from the Company and the Agent pursuant to the terms and conditions of the Escrow Agreement, and payment shall be delivered to the Company by the Escrow Agent by one or more certified or official bank checks in next-day funds. Such payment shall be made upon delivery by the Company of the certificates for the Shares to the Agent, for the respective accounts of the several purchasers of the Shares against receipt therefor signed by the Agent. The certificates for the Shares to be delivered at any Closing will be registered in such name or names, and shall be in such denominations, as the Agent may request; PROVIDED, HOWEVER, that such request shall be made no later than three (3) business days prior to the Closing Date. The certificates representing the Shares will be made available to the Agent for inspection, checking and packaging at the office of the Company's transfer agent and registrar (the "Transfer Agent"), not less than one (1) business day prior to the Closing Date.
Delivery of and Payment for the Shares. Delivery of and payment for the Shares shall be made in New York, New York, at 10:00 A.M., New York City time, November 5, 2003, or at such other date or place as shall be determined by agreement between the Underwriter and the Selling Stockholders. This date and time are sometimes referred to as the “Closing Date”. On the Closing Date, each Selling Stockholder shall deliver or cause to be delivered the Shares to the Underwriter against payment to or upon the order of such Selling Stockholder of the purchase price for the Shares by wire transfer or certified or official bank check or checks payable in immediately available (same day) funds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of the Underwriter hereunder. Upon delivery, the Shares shall be registered in such names and in such denominations as the Underwriter shall request in writing not less than two full business days prior to the Closing Date. For the purpose of expediting the checking and packaging of the certificates for the Shares, the Selling Stockholders shall make the certificates or other documentation representing the Shares available for inspection by the Underwriter in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the Closing Date.
Delivery of and Payment for the Shares. (a) The Firm Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered, in such names as the Representatives may request upon at least forty-eight (48) hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor in Federal (same day) funds. The Company will cause the certificates representing the Firm Shares to be made available for checking and packaging at least twenty-four (24) hours prior to the Closing Date (as defined below) with respect thereto at the office of Xxxxxx, Xxxxx Xxxxx, Incorporated, 0000 Xxx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000 or such other location as the Representatives may reasonably designate (the "Designated Office"). The time and date of such delivery and payment shall be, with respect to the Firm Shares, at 10:00 o'clock a.m., Washington, DC time, on ______________________, 1998 or such other time and date as the Representatives and the Company may agree. Such time and date for delivery of the Firm Shares is herein called the "Closing Date," which shall also be the closing date for the Merger and the IDP Acquisition.
(b) Delivery and payment of any Optional Shares to be purchased by each Underwriter pursuant hereto shall be made at the Designated Office at 10:00 o'clock a.m., Washington, DC time, on the date specified by the Representatives in the written notice of the Underwriters' election to purchase such Optional Shares, or such other time and date as the Representatives and Company and the Selling Stockholders may agree. Such time and date for delivery of Optional Shares is herein called the "Option Closing Date." Payment for the Optional Shares shall be made by wire transfer or certified or bank cashier's check in Federal (next day) funds, payable to the order of the Company or the applicable Selling Stockholders upon delivery to the Representatives of certificates representing the Optional Shares being purchased for the respective accounts of the Underwriters. The certificates representing the Optional Shares to be delivered shall be in such denominations and registered in such names as the Representatives request not less than forty-eight (48) hours prior to the Option Closing Date, and shall be made available to the Representatives for inspection, checking and packaging at the aforesaid ...
Delivery of and Payment for the Shares. Delivery of and payment for the Shares shall be made at 10:00 A.M., New York City time, on the second full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representative and the Company. This date and time are sometimes referred to as the “Delivery Date.” Delivery of the Shares shall be made to the Representative for the account of each Underwriter against payment by the several Underwriters through the Representative and of the respective aggregate purchase prices of the Shares being sold by the Company to or upon the order of the Company of the purchase price by wire transfer in immediately available funds to the accounts specified by the Company. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. The Company shall deliver the Shares through the facilities of DTC unless the Representative shall otherwise instruct.
Delivery of and Payment for the Shares. Delivery of and payment for the Shares shall be made at the office of Xxxxxx & Xxxxx LLP, 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 A.M., New York City time, on the third full business day following the date of this Agreement or on the fourth full business day if this Agreement is executed after the daily closing time of the New York Stock Exchange, or at such other date or place as shall be determined by agreement between the Underwriter and the Company. This date and time are sometimes referred to as the "First Delivery Date." On the First Delivery Date, the Company shall deliver or cause to be delivered certificates representing the Shares to the Underwriter for the account of the Underwriter against payment to or upon the order of the Company of the purchase price by wire transfer or, at the Company's election, by certified or official bank check or checks payable in same day funds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of the Underwriter hereunder. Upon delivery, the Shares shall be registered in such names and in such denominations as the Underwriter shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of expediting the checking and packaging of the certificates for the Shares, the Company shall make the certificates representing the Shares available for inspection by the Underwriter in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the First Delivery Date.
Delivery of and Payment for the Shares. Certificates in definitive form for the Shares to be purchased by each Underwriter hereunder, and in such denominations and registered in such names as Equitable may request upon at least two business days' prior notice to the Company, shall be delivered by or on behalf of the Company and the Selling Stockholders to Equitable for the account of each Underwriter, against payment by such Underwriter on its behalf of the purchase price therefor by: (i) official bank check or checks (payable in same day funds) payable to the order of the Company and the Custodian (for the Selling Stockholders), as their interests appear; or (ii) wire transfer of same day available funds to an account designated in writing by the Company upon at least two business days notice. In lieu of physical delivery of certificates representing the Shares, the Shares may be posted to The Depository Trust Company account of Equitable for further transfer to the account of the respective Underwriters against payment of the purchase price for the Shares as described above. The closing of the sale and purchase of the Shares shall be held at the offices of Sherxxxx & Xoe, XXC, 424 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, xxcept that if certificates representing the Shares are physically delivered to the Underwriters, such delivery shall be made at the office of The Depository Trust Company, 55 Wxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. Xxe time and date of such delivery and payment shall be, (a) with respect to the Firm Shares, at 9:00 a.m., Nashville time, on the third full business day after the execution of this Agreement or at such other time and date as the Underwriters, the Company, and the Selling Stockholders may agree upon in writing, and, (b) with respect to the Option Shares, at 9:00 a.m., Nashville time, on the date specified by the Underwriters in the written notice given by the Underwriters of the election of the Underwriters to purchase all or part of such Option Shares, or at such other time and date as the Underwriters, the Company, and the Selling Stockholders may agree upon in writing. Such time and date for delivery of the Firm Shares is herein called the "First Closing Date", such time and date for delivery of the Option Shares, if not the First Closing Date, is herein called the "Option Closing Date", and each such time and date for delivery is herein called a "Closing Date". Such certificates will be available for inspection no later than 9:30 a.m., New York C...
Delivery of and Payment for the Shares. (a) Delivery of certificates for the shares of the Underwritten Stock and the Option Stock (if the option granted by Section 3(c) hereof shall have been exercised not later than 7:00 A.M., San Francisco time, on the date two business days preceding the Closing Date), and payment therefor, shall be made at the office of Hutcxxxx Xxxexxx & Xittxxx, 001 Xxxxxxx Xxxxxx, Xxxxxx, XX 00000, xx the third business day after the date of this Agreement, or at such time on such other day, not later than seven full business days after such third business day, as shall be agreed upon in writing by the Company and you. The date and hour of such delivery and payment are herein called the Closing Date.
(b) If the option granted by Section 3(c) hereof shall be exercised after 7:00 A.M., San Francisco time, on the date two business days preceding the Closing Date, delivery of certificates for the shares of Option Stock, and payment therefor, shall be made at the office of Hutcxxxx Xxxexxx & Xittxxx, 001 Xxxxxxx Xxxxxx, Xxxxxx, XX 00000 xx 7:00 A.M., San Francisco time, on the third business day after the exercise of such Option.
(c) Payment for the Shares purchased from the Company shall be made to the Company or its order by wire transfer or one or more certified or official bank
Delivery of and Payment for the Shares. Delivery of and payment for the Firm Shares to be issued and sold by the Company shall be made at the offices of Xxxxx Xxxx & Xxxxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, at 10:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other time, date or place as shall be determined by agreement between the Representatives and the Company. This date and time are sometimes referred to as the "FIRST DELIVERY DATE." On the same date and immediately following the sale of Firm Shares by the Company, delivery of and payment for the Firm Shares to be sold by the Selling Shareholders shall be made at the offices of Xxxxx Xxxx & Xxxxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX 00000. On the First Delivery Date, the Company and the Selling Shareholders shall deliver or cause to be delivered certificates representing the Firm Shares to the Representatives for the account of each Underwriter against payment to or upon the order of the Company and the Selling Shareholders of the purchase price by wire transfer in immediately available funds. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligation of each Underwriter hereunder. Upon delivery, the Firm Shares shall be registered in such names and in such denominations as the Representatives shall request in writing not less than two full business days prior to the First Delivery Date. For the purpose of expediting the checking and packaging of the certificates for the Firm Shares, the Company and the Selling Shareholders shall make the certificates representing the Firm Shares available for inspection by the Representatives in New York, New York, not later than 2:00 P.M., New York City time, on the business day prior to the First Delivery Date. The option granted in Section 3 will expire 30 days after the date of this Agreement and may be exercised in whole or in part from time to time by written notice being given to the Company and the Selling Shareholders by the Representatives. Such notice shall set forth the aggregate number of Option Shares as to which the option is being exercised, the names in which the Option Shares are to be registered, the denominations in which the Option Shares are to be issued and the date and time, as determined by the Representatives, when the Option Shares are to be delivered; provided, however, that this date and time shall not be earlier than the ...
