Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 9 contracts
Samples: Underwriting Agreement (Cognition Therapeutics Inc), Underwriting Agreement (Fennec Pharmaceuticals Inc.), Underwriting Agreement (iBio, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Representatives so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Representatives through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representatives so elect, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 8 contracts
Samples: Underwriting Agreement (La Jolla Pharmaceutical Co), Underwriting Agreement (Acadia Pharmaceuticals Inc), Underwriting Agreement (Acadia Pharmaceuticals Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 8 contracts
Samples: Underwriting Agreement (Mirati Therapeutics, Inc.), Underwriting Agreement (Synta Pharmaceuticals Corp), Underwriting Agreement (Mirati Therapeutics, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Representatives so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through Representatives though The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representatives so elect, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 8 contracts
Samples: Underwriting Agreement (Horizon Pharma, Inc.), Underwriting Agreement (Neurocrine Biosciences Inc), Underwriting Agreement (Neurocrine Biosciences Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered through the book entry facilities of the Depository Trust Company (“DTC”) to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the book entry facilities of DTC unless the Representative shall otherwise instructDTC, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered delivered to such accounts and in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Xeris Pharmaceuticals Inc), Underwriting Agreement (Viridian Therapeutics, Inc.\DE), Underwriting Agreement (Xeris Pharmaceuticals Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Spectranetics Corp), Underwriting Agreement (Westport Innovations Inc), Underwriting Agreement (Penford Corp)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Representatives so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Representatives through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representatives so elect, the certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Adicet Bio, Inc.), Underwriting Agreement (CareDx, Inc.), Underwriting Agreement (Forma Therapeutics Holdings, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 7 contracts
Samples: Underwriting Agreement (Power Medical Interventions, Inc.), Underwriting Agreement (Legacy Healthcare Properties Trust Inc.), Underwriting Agreement (Limelight Networks, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative for the accounts of the several Underwriters, Underwriters certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative an Underwriter so elects, delivery of the Offered Firm Shares and, if applicable, the Optional Shares, may be made by credit to the accounts designated by the Representative through such Underwriter though The Depository Trust Company’s full fast transfer or DWAC programsprogram. The If an Underwriter elects delivery in the form of certificates, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative such Underwriter shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City Minneapolis, Minnesota as the Representative Underwriter may designate. 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 the UnderwritersUnderwriter.
Appears in 6 contracts
Samples: Underwriting Agreement (Diversified Restaurant Holdings, Inc.), Underwriting Agreement (Diversified Restaurant Holdings, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of the Depository Trust Company (“DTC”) unless the Representatives otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of the DTC unless the Representative shall Representatives otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 6 contracts
Samples: Underwriting Agreement (Aclaris Therapeutics, Inc.), Underwriting Agreement (Aclaris Therapeutics, Inc.), Underwriting Agreement (Aclaris Therapeutics, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Rigel Pharmaceuticals Inc), Underwriting Agreement (CareDx, Inc.), Underwriting Agreement (Rigel Pharmaceuticals Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representative so elects, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 4 contracts
Samples: Underwriting Agreement (Sequenom Inc), Underwriting Agreement (Sequenom Inc), Underwriting Agreement (Vical Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of the Depository Trust Company, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Jefferies so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for If Jefferies so elects, the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Reneo Pharmaceuticals, Inc.), Underwriting Agreement (Reneo Pharmaceuticals, Inc.), Underwriting Agreement (Alto Neuroscience, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Representatives so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Representatives through The Depository Trust Company’s full fast transfer or DWAC Deposit/Withdrawal At Custodian (“DWAC”) programs. The certificates for If the Representatives so elect, the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Keros Therapeutics, Inc.), Underwriting Agreement (Keros Therapeutics, Inc.), Underwriting Agreement (Keros Therapeutics, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Synta Pharmaceuticals Corp), Underwriting Agreement (Synta Pharmaceuticals Corp), Underwriting Agreement (Vical Inc)
Delivery of the Offered Shares. The Company shall deliver, deliver or cause to be delivered through the book entry facilities of the Depositary Trust Company (“DTC”) to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the book entry facilities of DTC unless the Representative shall otherwise instructDTC, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered delivered to such accounts and in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Tcr2 Therapeutics Inc.), Underwriting Agreement (Tcr2 Therapeutics Inc.), Underwriting Agreement (Tcr2 Therapeutics Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If Unless the Representative so electsRepresentatives otherwise elect, delivery of the Offered Shares may shall be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representatives so elect, any certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Candel Therapeutics, Inc.), Underwriting Agreement (Rallybio Corp), Underwriting Agreement (Ikena Oncology, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Representatives so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Representatives through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in book-entry form in such names and denominations as the Representative Representatives shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Celldex Therapeutics, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Jefferies so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If Jefferies so elects, the certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Calix, Inc), Underwriting Agreement (Bellerophon Therapeutics, Inc.), Underwriting Agreement (Ziopharm Oncology Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Jefferies so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If Jefferies so elects, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Alx Oncology Holdings Inc), Underwriting Agreement (Alx Oncology Holdings Inc), Underwriting Agreement (Arteris, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative for the accounts of the several Underwriters Underwriter certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative for the accounts of the several Underwriters, Underwriter certificates for the Option Optional Shares the Underwriters have Underwriter has agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Underwriter so elects, delivery of the Offered Firm Shares and, if applicable, the Optional Shares, may be made by credit to the accounts designated by the Representative through Underwriter though The Depository Trust Company’s full fast transfer or DWAC programsprogram. The If the Underwriter elects delivery in the form of certificates, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Underwriter shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City Minneapolis, Minnesota as the Representative Underwriter may designate. 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 the UnderwritersUnderwriter.
Appears in 3 contracts
Samples: Underwriting Agreement (Intricon Corp), Underwriting Agreement (Urologix Inc), Underwriting Agreement (Sajan Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct, to the Representative Representatives, for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Glycomimetics Inc), Underwriting Agreement (Glycomimetics Inc), Underwriting Agreement (Glycomimetics Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Collegium Pharmaceutical, Inc), Underwriting Agreement (Collegium Pharmaceutical, Inc), Underwriting Agreement (Collegium Pharmaceutical, Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representative so elects, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Cytrx Corp), Underwriting Agreement (La Jolla Pharmaceutical Co), Underwriting Agreement (Cytrx Corp)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates or electronic book entries, as applicable, for the Firm Shares to be issued to them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase subscription price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates or electronic book entries, as applicable, for the Option Optional Shares the Underwriters have agreed to purchase subscribe for at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase subscription price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates or electronic book entries, as applicable, for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If Unless the Representative so electsRepresentatives otherwise elect, delivery of the Offered Shares may shall be made by credit to the accounts designated by the Representative Representatives through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representatives so elect, the certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 3 contracts
Samples: Underwriting Agreement (Morphic Holding, Inc.), Underwriting Agreement (Morphic Holding, Inc.), Underwriting Agreement (Morphic Holding, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates the book-entry positions for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates the book-entry positions for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates book-entry positions for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Liquidia Technologies Inc), Underwriting Agreement (Liquidia Corp)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates the book-entry positions for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates the book-entry positions for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery Delivery of the Offered Firm Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days prior to the First Closing Date (or and the Option Shares, if any, at the applicable Option Closing Date, as the case may be) and shall be made available for inspection on through the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designatefacilities of The Depository Trust Company. 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 the Underwriters. For the purpose of effecting the delivery of the Firm Shares and the Option Shares (if any), as the case may be, pursuant to this Section 2 in book-entry form, the Company agrees to issue, or cause to be issued, to Cede & Co., such Shares being issued to the Underwriters and to instruct Cede & Co. to deliver the book-entry interest in such Shares to broker accounts as directed by the Representatives on behalf of the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Strongbridge Biopharma PLC), Underwriting Agreement
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to Jefferies through the Representative book entry facilities of the Depository Trust Company (“DTC”) for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the book entry facilities of DTC unless the Representative shall otherwise instructDTC, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of or immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered delivered to such accounts and in such names and denominations as the Representative Jefferies shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Jefferies may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (LogicBio Therapeutics, Inc.), Underwriting Agreement (LogicBio Therapeutics, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to delivered, through the Representative book entry facilities of the Depository Trust Company (“DTC”) for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the book entry facilities of the DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered delivered to such accounts and in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (scPharmaceuticals Inc.), Underwriting Agreement (scPharmaceuticals Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Jefferies so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If Jefferies so elects, any certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Icosavax, Inc.), Underwriting Agreement (Theseus Pharmaceuticals, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Jefferies so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If 16 Jefferies so elects, the certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Green Plains Inc.), Underwriting Agreement (Green Plains Inc.)
Delivery of the Offered Shares. The Company Each Selling Stockholder shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters Underwriters, certificates for the Firm Shares to be sold by such Selling Stockholder at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Each Selling Stockholder shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from such Selling Stockholder at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (TCV v Lp), Underwriting Agreement (TechTarget Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative BofA so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative BofA through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for If BofA so elects, the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (SQZ Biotechnologies Co), Underwriting Agreement (SQZ Biotechnologies Co)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of the Depository Trust Company (“DTC”) unless the Representatives otherwise instructs, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representative shall Representatives otherwise instructinstructs, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Wave Life Sciences Pte LTD), Underwriting Agreement (Wave Life Sciences Ltd.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters Underwriters, certificates for or general statements of book entry account representing the Firm Shares Shares, at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, certificates for or general statements of book entry account representing the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.), Underwriting Agreement (Acadia Healthcare Company, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of the Depository Trust Company to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by it at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from it at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Synthorx, Inc.), Underwriting Agreement (Equillium, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates book-entry positions for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC The Depository Trust Company (“DTC”) unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Representatives so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Representatives through The Depository Trust CompanyDTC’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Evofem Biosciences, Inc.), Underwriting Agreement (Evofem Biosciences, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative for the accounts of the several Underwriters, Underwriters certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative an Underwriter so elects, delivery of the Offered Firm Shares and, if applicable, the Optional Shares, may be made by credit to the accounts designated by the Representative through such Underwriter though The Depository Trust Company’s full fast transfer or 's DWAC programsprogram. The If an Underwriter elects delivery in the form of certificates, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative such Underwriter shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City Minneapolis, Minnesota as the Representative Underwriter may designate. 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 the UnderwritersUnderwriter.
Appears in 2 contracts
Samples: Underwriting Agreement (Peekay Boutiques, Inc.), Underwriting Agreement (Peekay Boutiques, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates or book-entry security entitlements for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates or book-entry security entitlements for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer FAST or DWAC programs. The certificates or book-entry security entitlements for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two one full Business Days Day prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and any certificates shall be made available for inspection on the Business Day preceding prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Veru Inc.), Underwriting Agreement (Veru Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s 's full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Energy Fuels Inc), Portage Biotech Inc.
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Jefferies so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If Jefferies so elects, any certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Apogee Therapeutics, Inc.), Underwriting Agreement (Apogee Therapeutics, Inc.)
Delivery of the Offered Shares. The Company and the Selling Stockholders shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company and the Selling Stockholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Avalanche Biotechnologies, Inc.), Underwriting Agreement (Parnell Pharmaceuticals Holdings Pty LTD)
Delivery of the Offered Shares. The Company Selling Shareholder shall deliver, or cause to be delivered delivered, to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Shareholder shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Caribou Coffee Company, Inc.), Underwriting Agreement (Caribou Coffee Company, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Representatives so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Representatives through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representatives so elect, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Immune Design Corp.), Underwriting Agreement (Immune Design Corp.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters certificates for Underwriters, the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates certificates, if any, for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Brainsway Ltd.), Underwriting Agreement (Brainsway Ltd.)
Delivery of the Offered Shares. The Company Selling Shareholders shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters Underwriters, through the facilities of DTC and for the account of the several Underwriters, certificates for the Firm Shares to be sold by the Underwriters at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Shareholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, through the facilities of DTC and for the account of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from the Selling Shareholders at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names or names and in such denominations as the Representative shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case Representatives may be) request and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Bravo Brio Restaurant Group, Inc.), Underwriting Agreement (Bravo Brio Restaurant Group, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters Underwriters, certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Zynerba Pharmaceuticals, Inc.), Underwriting Agreement (Zynerba Pharmaceuticals, Inc.)
Delivery of the Offered Shares. The Company Selling Stockholders shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters through the facilities of The Depositary Trust Company (“DTC”) and for the account of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Stockholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, through the facilities of DTC and for the account of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two one full Business Days business day prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Chuy's Holdings, Inc.), Underwriting Agreement (Chuy's Holdings, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Evercore so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Evercore through The Depository Trust Company’s full fast transfer or DWAC programs. The If Evercore so elects, the certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (fuboTV Inc. /FL), Underwriting Agreement (fuboTV Inc. /FL)
Delivery of the Offered Shares. The Company Each of the Selling Stockholders shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for Stock Powers relating to the Firm Shares at the First Closing Dateto be sold by such Selling Stockholder on such closing date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefortherefor in accordance with Section 2(e). The Company Selling Stockholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for Stock Powers relating to the Option Optional Shares the Underwriters have agreed to purchase from such Selling Stockholder at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefortherefor in accordance with Section 2(e). If Each Stock Power shall set forth the Representative so elects, delivery names of each transferee of the Offered Shares may be made covered by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names Stock Power and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Fiesta Restaurant Group, Inc.), Underwriting Agreement (Jefferies Capital Partners Iv Lp)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of the Depository Trust Company (“DTC”), unless the Representatives otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC DTC, unless the Representative shall Representatives otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Gemphire Therapeutics Inc.), Underwriting Agreement (Gemphire Therapeutics Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Avalanche Biotechnologies, Inc.), Underwriting Agreement (Zoe's Kitchen, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representatives so elect, delivery of the Offered Shares may be made by credit through full fast transfer to the accounts at The Depository Trust Company designated by the Representatives. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (Heron Therapeutics, Inc. /De/)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of the Depository Trust Company (“DTC”) unless the Representative otherwise instructs, to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representative shall otherwise instructinstructs, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Axovant Sciences Ltd.), Underwriting Agreement (Axovant Sciences Ltd.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Cidara Therapeutics, Inc.), Underwriting Agreement (Cidara Therapeutics, Inc.)
Delivery of the Offered Shares. The Company and the Selling Stockholders shall deliver, or cause to be delivered delivered, to the Representative for the accounts of the several Underwriters Underwriters, certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company and the Selling Stockholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two (2) full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Patriot Capital Funding, Inc.), Underwriting Agreement (Patriot Capital Funding, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If Unless the Representative so electsRepresentatives otherwise elect, delivery of the Offered Shares may shall be made by credit to the accounts designated by the Representative Representatives through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representatives so elect, any certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Oncorus, Inc.), Underwriting Agreement (Oncorus, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for Underwriters, the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Representatives so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Representatives through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates certificates, if any, for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives, through the book entry facilities of the DTC for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered to the Representatives, through the book entry facilities of DTC unless the Representative shall otherwise instructDTC, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered through the facilities of The Depository Trust Company (“DTC”) to the Representative for the accounts of the several Underwriters Underwriters, certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust CompanyDTC’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate). 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Zomedica Pharmaceuticals Corp.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters through the facilities of The Depositary Trust Company (“DTC”) and for the account of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, through the facilities of DTC and for the account of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two one full Business Days business day prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company Selling Stockholder shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares to be sold by the Selling Stockholder at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Stockholder shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from the Selling Stockholder at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Exhibit 1.1 Shares shall be registered in such names and denominations as the Representative shall have requested at least two one full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for Underwriters, the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates certificates, if any, for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Nuvo Group (Nuvo Group Ltd.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of the Depository Trust Company (“DTC”) to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by it at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from it at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Xxxxxxxxx so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If Jefferies so elects, the certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Representatives so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Representatives through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representatives so elect, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Vical Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Shareholder shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Firm Shares or Option Shares Shares, as applicable, the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Representatives so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Representatives through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Biodelivery Sciences International Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Jefferies so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representatives so elect, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company Selling Stockholders shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Stockholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Zoe's Kitchen, Inc.
Delivery of the Offered Shares. The Company and the Selling Stockholder shall deliver, or cause to be delivered delivered, through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company and the Selling Stockholders shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered, or cause to be delivered through the facilities of DTC or DWAC unless the Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC or DWAC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested Representatives may request in writing at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) ), and if delivery is not made through the facilities of DTC or DWAC, the Company shall permit the Representatives to examine and package the Offered Shares for delivery be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Cellular Biomedicine Group, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of The Depository Trust Company (“DTC”), to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representative shall otherwise instructDTC, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. Time Subject to Section 11, 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company and the Selling Stockholders shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Stockholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters Underwriters, certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Jefferies so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If Jefferies so elects, the certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Esperion Therapeutics, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be purchased by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Jefferies so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If Jefferies so elects, any certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Forward Sellers (with respect to the Forward Firm Shares) or the Company (with respect to any Company Top-Up Firm Shares), as applicable, shall deliver, or cause to be delivered the Firm Shares to the Representative Representatives through the facilities of the Depository Trust Company (“DTC”) for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Forward Sellers (with respect to any Forward Optional Shares) or the Company (with respect to any Company Top-Up Optional Shares) shall also deliver, or cause to be delivered the Optional Shares to the Representatives through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (National Storage Affiliates Trust)
Delivery of the Offered Shares. The Company and the Selling Stockholder shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for Underwriters, the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer transfers of immediately available funds for the amount of the purchase price therefor. The Company Selling Stockholder shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from it at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and certificates, if any, shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall issue and deliver, or cause to be delivered delivered, by electronic book-entry through the facilities of DTC to the Representative for account specified by the accounts of the several Underwriters certificates for Representative, the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, by electronic book-entry through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for account specified by the accounts of Representative, the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates global certificate for the Offered Shares shall be registered in the name of Cede & Co. or such names and denominations other nominee as the Representative shall have requested may be designated by DTC at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Oriental Financial Group Inc)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Jefferies so electselect, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representatives so elect, the certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Relmada Therapeutics, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate). 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 the Underwriters.
Appears in 1 contract
Samples: Sol-Gel Technologies Ltd.
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates book-entry positions for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates book-entry positions for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates book-entry positions for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters book-entry certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC the Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, book-entry certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The book-entry certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Sorrento Therapeutics, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also Each of the Selling Stockholders, severally and not jointly, agree to deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Papa Murphy's Holdings, Inc.
Delivery of the Offered Shares. The Company shall issue the Firm Shares, and shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by it at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Shareholder shall also transfer the Optional Shares and deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from it at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at At least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be), (i) the Selling Shareholder shall deliver to the transfer agent and registrar of the Common Shares (the “Transfer Agent”) any certificates evidencing Common Shares (to the extent that the Transfer Agent requires delivery of such certificates) necessary to cause the Transfer Agent to arrange for the transfer and delivery of the Offered Shares in accordance with the provisions of this Section 2(f) and authorize and instruct the Transfer Agent to cancel any such certificates and (ii) each of the Company and the Selling Shareholder shall authorize the Transfer Agent to arrange for the issuance, transfer and delivery of the Offered Shares in accordance with the provisions of this Section 2(f). The Offered Shares shall be made available for inspection on registered in such names and denominations as the Business Day preceding Representatives shall have requested at least two full business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate). 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Aries Maritime Transport LTD)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters book entry entitlements or certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, book entry entitlements or certificates for the Option Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates (if applicable) for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates book-entry positions for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates book-entry positions for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery Delivery of the book-entry positions for Offered Shares may shall be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates book-entry positions for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company and the Selling Stockholder shall deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company and the Selling Stockholder shall also deliver, or cause to be delivered delivered, through the facilities of DTC unless the Representative Representatives shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters Underwriters, certificates for or general statements of book entry account representing the Firm Shares Shares, at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Stockholder shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, certificates for or general statements of book entry account representing the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for Underwriters, through the book-entry facilities of the Depository Trust Company (“DTC”), the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for through the Option book-entry facilities of DTC, the Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company Selling Stockholders shall deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Stockholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company and the Selling Stockholders shall deliver, or cause to be delivered delivered, to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company and the Selling Stockholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representative so elects, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company Selling Stockholders shall deliver, or cause to be delivered delivered, to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Stockholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Igate Corp)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered delivered, to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instructdelivered, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be delivered by or on behalf of the Company to the Representatives, through the facilities of the Depository Trust Company, for the account of such 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 the Representatives at least two business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be). The certificates, if any, representing the Offered Shares shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Establishment Labs Holdings Inc.)
Delivery of the Offered Shares. The Company shall Selling Stockholders, severally and not jointly, agree to deliver, or cause to be delivered to the Representative Representatives for the accounts of the several Underwriters certificates for the Firm Shares to be sold by them at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company Selling Stockholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative Representatives for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The certificates for the Offered Shares shall be registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative Representatives may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefortherefor in accordance with Section 2(e). The Company and the Selling Stockholders shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase from them at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programstherefor in accordance with Section 2(e). The certificates for the Offered Shares shall be registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Fiesta Restaurant Group, Inc.)
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative through The Depository Trust Company’s full fast transfer or DWAC programs. The If the Representative so elects, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
Delivery of the Offered Shares. The Company shall deliver, or cause to be delivered to the Representative for the accounts of the several Underwriters certificates for the Firm Shares at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, certificates for the Option Optional Shares the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. If the Representative Jefferies so elects, delivery of the Offered Shares may be made by credit to the accounts designated by the Representative Jefferies through The Depository Trust Company’s full fast transfer or DWAC programs. The If Jefferies so elects, the certificates for the Offered Shares shall be in definitive form and registered in such names and denominations as the Representative shall have requested at least two full Business Days business days prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the Business Day business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. 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 the Underwriters.
Appears in 1 contract
