Common use of Delivery of Placement Shares and Purchased Securities Clause in Contracts

Delivery of Placement Shares and Purchased Securities. On or before each Settlement Date, the Company will, or will cause its transfer agent to, electronically transfer the Placement Shares or Purchased Securities (as defined in any relevant Terms Agreement) being sold by crediting [Agent]’s or its designee’s account (provided [Agent] shall have given the Company written notice of such designee prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable, registered shares in good deliverable form. On each Settlement Date, [Agent] will deliver the related Net Proceeds in same day funds to an account designated by the Company on, or prior to, the Settlement Date. The Company agrees that if the Company, or its transfer agent (if applicable), defaults in its obligation to deliver Placement Shares or Purchased Securities on a Settlement Date, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Section 11(a) hereto, it will (i) hold [Agent] harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company or its transfer agent (if applicable) and (ii) pay to [Agent] any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement Shares and Purchased Securities. On or before each Settlement Date, the Company will, or will cause its transfer agent to, electronically transfer the Placement Shares or Purchased Securities (as defined in any relevant Terms Agreement) being sold by crediting [Agent]’s ’ or its designee’s account (provided [Agent] shall have given the Company written notice of such designee prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable, registered shares in good deliverable form. On each Settlement Date, [Agent] will deliver the related Net Proceeds in same day funds to an account designated by the Company on, or prior to, the Settlement Date. The Company agrees that if the Company, or its transfer agent (if applicable), defaults in its obligation to deliver Placement Shares or Purchased Securities on a Settlement Date, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Section 11(a) hereto, it will (i) hold [Agent] harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company or its transfer agent (if applicable) and (ii) pay to [Agent] any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.