Delivery of the Warrants. This Agreement contemplates the issuance of up to 291,918 Warrants, subject to adjustment as provided herein. Concurrently with the execution and delivery of this Agreement, the Corporation shall issue to NationsBank or an Affiliate thereof in connection therewith (but detachable therefrom) a Warrant Certificate for 291,918 Warrants.
Delivery of the Warrants. At the Closing, subject to the terms and conditions hereof, the Company will deliver to each Purchaser a Warrant or Warrants, in such denominations and registered in such names as such Purchaser may designate by notice to the Company, an instrument representing the Warrants, dated as of the Closing Date (each such instrument, a “Certificate”), against payment of the purchase price therefor by cash in the form of wire transfer, unless other means of payment shall have been agreed upon by the Purchasers and the Company.
Delivery of the Warrants. The Warrant Agreements shall have been duly executed and delivered by the Company and the Warrant Shares shall have been duly authorized for issuance upon exercise of the Warrants.
Delivery of the Warrants. This Agreement authorizes the initial issuance of 3,000,000 Warrants which amount is subject to increase as provided in Section 3.1. On the Closing Date (as defined in the Credit Agreement), the Corporation shall issue to NationsBank in connection therewith (but detachable therefrom) a Warrant Certificate for 3,000,000 Warrants. If Additional Warrants become authorized under Section 3.1, the Corporation shall promptly issue and deliver to NationsBank a Warrant Certificate for the Additional Warrants.
Delivery of the Warrants. (a) The Warrants to be purchased by each Underwriter hereunder will be represented by one or more definitive global securities in book-entry form which will be deposited by or on behalf of the Company with The Depository Trust Company (“DTC”) or its designated custodian. The Company will deliver the Warrants to Xxxxxxx, Sachs & Co., for the account of each Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified by the Company to Xxxxxxx, Xxxxx & Co. at least forty-eight hours in advance, by causing DTC to credit the Warrants to the account of Xxxxxxx, Sachs & Co. at DTC. The Company will cause the global security or securities, as applicable, representing the Warrants to be made available to Xxxxxxx, Xxxxx & Co. for checking at least twenty-four hours prior to each Time of Delivery at the office of DTC or its designated custodian (the “Designated Office”). The time and date of such delivery and payment shall be (i) with respect to the Firm Warrants, at 9:30 a.m., New York City time, on May 25, 2010 or such other time and date as the Representatives and the Company may agree upon in writing, such time and date are herein called the “First Time of Delivery” and (ii) with respect to the Optional Warrants, if any, in the manner and at the time and date specified by the Representatives in the written notice given by the Representatives of the Underwriters’ election to purchase such Optional Warrants, or at such other time and date as the Representatives and the Company may agree upon in writing, such time and date, if not the First Time of Delivery, are herein called the “Second Time of Delivery.” Each such time and date is herein called a “Time of Delivery.”
Delivery of the Warrants. (a) The Warrants to be purchased by each Underwriter hereunder will be represented by one or more definitive global securities in book-entry form which will be deposited by or on behalf of the Company with The Depository Trust Company (“DTC”) or its designated custodian. The Company will deliver the Warrants to Xxxxxxx, Sachs & Co., for the account of each Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified by the Company to Xxxxxxx, Xxxxx & Co. at least forty-eight hours in advance, by causing DTC to credit the Warrants to the account of Xxxxxxx, Sachs & Co. at DTC. The Company will cause the global security or securities, as applicable, representing the Warrants to be made available to Xxxxxxx, Xxxxx & Co. for checking at least twenty-four hours prior to each Time of Delivery at the office of DTC or its designated custodian (the “Designated Office”). The time and date of such delivery and payment shall be with respect to the Warrants, at 9:30 a.m., New York City time, on September 28, 2010 or such other time and date as the Representative and the Company may agree upon in writing, such time and date is herein called the “Time of Delivery.”
Delivery of the Warrants. One business day prior to the Closing Date, the Representative shall provide the Company with a list of investors to which the Underwriters allocated Warrants pursuant to the public offering contemplated by this Agreement (the “Allocation List”). The Allocation List shall specify the name, address and number of Warrants to be sold to each such investor. In lieu of delivering the Warrants to the Representative, on the Closing Date, the Company shall deliver the Warrants by mailing the respective number of Warrants to each investor in accordance with the Allocation List through a U.S. nationally recognized overnight courier service. If the Company, upon the instruction of the Representative, registers any Warrant in the name of any person or entity to which the Representative intends to sell such Warrant, then the Representative shall have the right to thereafter, but prior to the Closing Date, request the re-registration of such Warrant (and the Company shall be required to re-register such Warrant) in the name of any other person or entity (it being understood that such re-registration is intended to permit the Representative to resell such Warrant in the event that the person or entity to which the Representative originally intended to sell such Warrant shall fail to pay the purchase price of such Share and accompanying Warrant.
