Delivery of and Payment for Shares. Delivery of certificates for the Shares to be purchased by the Underwriters hereunder shall be made against payment therefor by, at your election, certified or official bank check or checks drawn upon or by a New York Clearing House bank or by wire transfer, in either case payable in same-day funds to the order of the Company. Such delivery and payment with respect to the Firm Shares shall be made at 7:00 A.M., Pacific standard time, at the offices of Xxxxxxx Coie, 0000 Xxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, XX 00000 (or such other place as mutually may be agreed upon), on the third full Business Day or at such other date as shall be determined by you and the Company (the "First Closing Date"). With respect to Option Shares, such delivery and payment shall be made at the time and on the date specified by you in the written notice given by you of the Underwriters' election to purchase the Option Shares, or such other time and date as you and the Company may agree upon in writing, such time and date being referred to herein as the "Option Closing Date." Such certificates will be made available for checking and packaging at least 24 hours prior to the First Closing Date or the Option Closing Date, as the case may be, at a location as may be designated by you. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of each Underwriter. The First Closing Date and the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates."
Delivery of and Payment for Shares. (a) Delivery of certificates for the Firm Shares to be purchased by the Underwriters from the Company and payments therefore shall be made at the offices of Capital Growth Financial, Inc. (or such other place as mutually may be agreed upon), on the third full Business Day following the date hereof or, if the pricing of the Firm Shares occurs after 4:30 p.m., Florida time, on the fourth full Business Day thereafter, or at such other date as shall be determined by the Representative and the Company (the “First Closing Date”).
Delivery of and Payment for Shares. Delivery of the Firm Stock and the Option Stock, if the option to purchase the same is exercised on or before the third Business Day (as defined in Section 12 hereof) prior to the First Closing Date, shall be made in book-entry form through the facilities of The Depository Trust Company, New York, New York ("DTC") at such place or places as mutually may be agreed upon by the Company and the Underwriter, in each case at 10:00 A.M., New York City time, on the fourth full Business Day following the date of this Agreement (December 26, 2001) or on such later date as shall be determined by you and the Company (the "First Closing Date"). The option to purchase Option Stock granted in Section 2 hereof may be exercised during the term thereof by written notice to the Company from the Underwriter. Such notice shall set forth the aggregate number of shares of Option Stock as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or 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 of such exercise, as determined by the Underwriter, when the Option Stock is to be delivered (the "Option Closing Date"). Delivery and payment for such Option Stock shall be made at the offices set forth above for delivery and payment of the Firm Stock. The First Closing Date and the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates." Delivery for the Stock to be sold by the Company shall be made to you through the facilities of DTC by the Company, for the account of the Underwriter, against payment of the purchase price therefor by wire transfer in immediately available funds to the order of the Company. Time shall be of the essence, and delivery of certificates for the Stock at the time and place specified pursuant to this Agreement is a further condition to the obligations of the Underwriter.
Delivery of and Payment for Shares. Delivery of certificates for the Firm Shares and certificates for the Option Shares, if the option to purchase the same is exercised on or before the second Business Day (as defined herein) prior to the First Closing Date (as defined herein), to be purchased by the Underwriters from the Company shall be made through the facilities of the Depository Trust Company ("DTC") (including without limitation, by "full fast" electronic transfers through DTC) to Lehmxx Xxxthers Inc. for the respective accounts of the Underwriters, at 10:00 a.m., New York City time, on the fourth full Business Day following the date hereof or at such other date as shall be determined by you and the Company (the "First Closing Date"). For purposes of this Agreement, "Business Day" means any day on which the New York Stock Exchange is open for trading.
Delivery of and Payment for Shares. (A) Delivery of certificates for the Firm Shares and certificates for the Option Shares, if the option to purchase the same is exercised on or before the third Business Day (as defined below) prior to the Closing Date, to be purchased by the Underwriters from the Company and the Selling Stockholder and payments therefor shall be made at the offices of Gibson, Dunn & Crutchex XXX, 1000 Calxxxxxxx Street, Xxxxx 0000, Xxxxxx, Xxxxxxxx 00000 (xx xxxx xxxxx xxxxx as mutually may be agreed upon), at 9:00 a.m. Eastern Time on the third business day following the date of this Agreement (or the fourth business day if permitted by Rule 15c6-1(c) promulgated under the Exchange Act), or at such time on such other date, not later than 10 business days after the date of this Agreement, as shall be agreed upon by the Company and the Representatives (the "Closing Date").
Delivery of and Payment for Shares. Delivery of certificates for the Firm Shares to be purchased by the Underwriters from the Company and the Selling Shareholders shall be made against payment therefor by certified or official bank check or checks in New York Clearing House next-day funds to the order of the Company, with respect to the Shares purchased from the Company or to Xx. Xxxxxx X. Benton II, with respect to the Shares purchased from such Selling Shareholder as custodian for each of the Selling Shareholders (the "Custodian"), as the case may be. Such delivery and payment shall be made at 9:00 A.M., local time, at the offices of Xxxxxx Xxxxxx & Company, Inc., 00 Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxx (or such other place as mutually may be agreed upon by you, the Company and the Custodian), on the third full business day following the date of the public offering as advised by you to the Company or at such other date not more than seven full business days thereafter as shall be determined by you, the Company and the Custodian (unless, in either case, postponed pursuant to Section 11) (the "First Closing Date"). The option to purchase Option Shares granted in Section 3 hereof may be exercised during the term thereof by written notice to the Company and the Custodian from you. Such notice shall set forth the aggregate number of Option Shares as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the second business day after the date on which the option shall have been exercised nor later than the seventh business day after the date of such exercise, as determined by you, when the Option Shares are to be delivered (the "Option Closing Date"). Delivery and payment for such Option Shares is to be at the offices set forth above for delivery and payment of the Firm Shares. Delivery of certificates for the Option Shares to be purchased by the Underwriters from the Selling Shareholders shall be made against payment therefor by certified or official bank checks drawn upon or by a New York Clearing House bank and payable in next-day funds to the order of the Custodian. (The First Closing Date and the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates.")
Delivery of and Payment for Shares. Payment for the Firm Shares to be sold by each Selling Shareholder shall be made by wire transfers payable to the order of the Custodian in federal funds or other funds immediately available in New York City against delivery of such Firms Shares for the respective accounts of the several Underwriters at 10:00 A.M., New York City time, on ____________, 1998, or at such other time on the same or such other date, not later than ____________, 1998, as shall be agreed to by you and the Selling Shareholders. The time and date of each such payment are hereinafter referred to as the "Closing Date". Payment for any Additional Shares shall be made by wire transfers payable to the order of the Custodian in federal funds or other funds immediately available in New York City against delivery of such Additional Shares for the respective accounts of the several Underwriters at 10:00 A.M., New York City time, on such date (which may be the same as the Closing Date but shall in no event be earlier than the Closing Date nor later than ten business days after the giving of the notice hereinafter referred to) as shall be designated in a written notice from the U.S. Representatives to the Selling Shareholders and the Company of your determination, on behalf of the Underwriters, to purchase a number, specified in said notice, of Additional Shares, or on such other date, in any event not later than March __, 1998, as shall be designated in writing by the U.S. Representatives. The time and date of such payment are hereinafter referred to as the "Option Closing Date". The notice of the determination to exercise the option to purchase Additional Shares and of the Option Closing Date may be given at any time within 30 days after the date of this Agreement. Certificates for the Firm Shares and Additional Shares shall be in definitive form and registered in such names and in such denominations as you shall request in writing to the Company not later than 9:30 a.m., New York City Time on the business day prior to the Closing Date or the Option Closing Date, as the case may be. The certificates evidencing the Shares and Additional Shares shall be delivered to you on the Closing Date or the Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, with any transfer taxes payable in connection with the transfer of the Shares to the Underwriters duly paid, against payment of the Purchase Price therefor.
Delivery of and Payment for Shares. At the closing hereunder, FSA will deliver, or cause to be delivered to WMIG, the Shares, registered in the name of WMIG or its nominee, and WMIG shall simultaneously deliver to FSA immediately available funds in an amount equal to the Aggregate Purchase Price.
Delivery of and Payment for Shares. Delivery of certificates for the ---------------------------------- Firm Shares to be purchased by the Underwriters
Delivery of and Payment for Shares. Delivery of certificates for the Shares shall be made at the offices of Lehmxx Xxxthers Inc. (or such other places as may be mutually agreed upon), at 10:00 A.M., Eastern Standard time, on the third full Business Day following the date of this Agreement or on such later date as shall be determined by you and Allied Capital (the "Closing Date"). Delivery of certificates for the Shares shall be made by or on behalf of Allied Capital to you, for the account of the Underwriter, against payment of the purchase price therefor by certified or official bank checks payable in New York Clearing House funds to the order of and in the respective amounts owing to Allied Capital or, if the day following the Closing Date is not a Business Day, by Federal Funds (immediately available funds). The certificates for the Shares shall be registered in such names and denominations as you shall have requested at least two full Business Days prior to the Closing Date, and shall be made available for checking and packaging in New York, New York or such other location as may be designated by you at least one full Business Day prior to the Closing Date. Time shall be of the essence, and delivery of certificates for the Shares at the time and place specified in this Agreement is a further condition to the obligations of the Underwriter.
