Common use of Delivery of the Shares and Payment Therefor Clause in Contracts

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter of the Firm Shares and payment therefor shall be made at the offices of the Underwriter, 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2, 2015, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, as the Underwriter shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus. Delivery to the Underwriter of and payment for any Additional Shares to be purchased by the Underwriter shall be made at the offices of the Underwriter, 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter to the Company, of the Underwriter’s determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor by wire transfer of immediately available funds to the account(s) specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Celadon Group Inc)

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Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000, at 10:00 a.m., St. Petersburg, Florida time, on June 2December 9, 20152022, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on December 9, 2022 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, XxxxxxxXxxxxxx 00000, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three one nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredoption. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Adma Biologics, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRepresentative, 800 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2April 10, 20152018, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRepresentative, 800 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (ORBCOMM Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000 at 10:00 a.m., St. Petersburg, Florida time, on June 2September 22, 20152020, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on October 2, 2020, as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, XxxxxxxXxxxxxx 00000, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredoption. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor per Share therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx & Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Adamis Pharmaceuticals Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2, 2015[ ], or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on [ ] as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company and the Selling Shareholders hereby acknowledges acknowledge that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company Company, the Selling Shareholders or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates certificates, if any, for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between you, the Underwriter Company and the CompanySelling Shareholders. The Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered made to the Underwriter Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account or accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the CompanyCompany and the Selling Shareholders. Delivery of The Company shall deliver the Firm Shares shall be made through the facilities of The Depositary the Depository Trust Company unless the Underwriter Representative shall otherwise instruct. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Payment for the Shares sold by the Selling Shareholders hereunder shall be delivered by the Representative to the Custodian (as defined herein). It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. Each Selling Shareholder hereby agrees that (i) it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares to be sold by such Selling Shareholder to the several Underwriters, or otherwise in connection with the performance of such Selling Shareholder’s obligations hereunder and (ii) the Custodian is authorized to deduct for such payment any such amounts from the proceeds to such Selling Shareholder hereunder and to hold such amounts for the account of such Selling Shareholder with the Custodian under the Custody Agreement (as defined herein).

Appears in 1 contract

Samples: Underwriting Agreement (First Guaranty Bancshares, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2[●], 2015, 2018 or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on [●], 2018 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are is called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company and the Selling Shareholder hereby acknowledges acknowledge that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company Company, the Selling Shareholder or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the each an “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the CompanyCompany and the Selling Shareholder, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Book-entries for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or any Additional Closing Date, as the case may be. Book-entries evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the CompanyCompany and the Selling Shareholder. Delivery of Payment for the Shares sold by the Company hereunder shall be made delivered by the Representative to the Company on the Closing Date. The Company shall deliver the Firm Shares and any Additional Shares through the facilities of The Depositary Depository Trust Company (“DTC”) unless the Underwriter Representative shall otherwise instructinstruct on the Closing Date. Payment for the Shares sold by the Selling Shareholder hereunder shall be delivered by the Representative to the Selling Shareholder on the Closing Date. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. The Selling Shareholder hereby agrees that it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares to be sold by the Selling Shareholder to the several Underwriters, or otherwise in connection with the performance of the Selling Shareholder’s obligations hereunder. These obligations shall be in addition to and shall not change, the Selling Shareholder’s obligations to pay amounts to the Company in connection with the sale of Shares hereunder.

Appears in 1 contract

Samples: Mercantil Bank Holding Corp

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000, at 10:00 a.m., St. Petersburg, Florida time, on June 2October 25, 20152021, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on October 25, 2021 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, XxxxxxxXxxxxxx 00000, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three one nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredoption. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Adma Biologics, Inc.

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000 at 10:00 a.m., St. Petersburg, Florida time, on June 2August 6, 20152018, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on August 16, 2018, as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, XxxxxxxXxxxxxx 00000, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredoption. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor per Share therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Adamis Pharmaceuticals Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2May 27, 2015, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on May 27, 2015, as the Underwriter Representatives shall designate by written notice to the Company and the Selling Stockholders (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among the Underwriter Representatives, the Company and the CompanySelling Stockholders. The Each of the Company and the Selling Stockholders hereby acknowledges that circumstances under which the Underwriter Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company Company, the Selling Stockholders or the Underwriter Representatives to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 10 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor nor, unless you, the Company and the Selling Stockholders otherwise agree in writing, earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representatives on behalf of the Underwriters to the CompanyCompany and the Selling Stockholders, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between among you, the Underwriter Company and the CompanySelling Stockholders. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to you by the Underwriter Custodian on the Closing Date or the Additional Closing Date, as the case may be, through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the CompanySelling Stockholders. Delivery Payment for the Shares sold by the Selling Stockholders hereunder shall be delivered by the Representatives to the Selling Stockholders. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. Each Selling Stockholder hereby agrees that (i) it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares shall to be made through sold by such Selling Stockholder to the facilities Underwriters, or otherwise in connection with the performance of The Depositary Trust Company unless such Selling Stockholder’s obligations hereunder, provided that the Underwriter shall otherwise instructRepresentatives agree to pay New York State stock transfer taxes, if applicable, and each Selling Stockholder agrees to reimburse the Representatives for associated carrying costs if such tax payment is not rebated on the day of payment and for any portion of such tax payment not rebated, and (ii) the Representatives are authorized to deduct for such payment any such amounts from the proceeds to such Selling Stockholder hereunder and to hold such amounts for the account of such Selling Stockholder.

Appears in 1 contract

Samples: Malibu Boats, Inc.

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2July [ ], 20152014, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on July [ ], 2014, as the Underwriter Representatives shall designate by written notice to the Company and the Selling Stockholders (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among the Underwriter Representatives, the Company and the CompanySelling Stockholders. The Each of the Company and the Selling Stockholders hereby acknowledges that circumstances under which the Underwriter Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company Company, the Selling Stockholders or the Underwriter Representatives to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 10 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor nor, unless you, the Company and the Selling Stockholders otherwise agree in writing, earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representatives on behalf of the Underwriters to the CompanyCompany and the Selling Stockholders, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between among you, the Underwriter Company and the CompanySelling Stockholders. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the business day preceding the Closing Date or the Additional Closing Date, as the case may be. Delivery of the Shares shall be made through the facilities of The Depository Trust Company (“DTC”). Certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company and the Selling Stockholders. Payment for the Shares sold by the Company hereunder shall be delivered by the Representatives to the Company. Delivery Payment for the Shares sold by the Selling Stockholders hereunder shall be delivered by the Representatives to the Selling Stockholders. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be made through obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the facilities Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of The Depositary Trust Company unless such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. Each Selling Stockholder hereby agrees that (i) it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the Underwriter shall sale or delivery of the Selling Stockholder Shares to be sold by such Selling Stockholder to the Underwriters, or otherwise instructin connection with the performance of such Selling Stockholder’s obligations hereunder, provided that the Representatives agree to pay New York State stock transfer taxes, if applicable, and each Selling Stockholder agrees to reimburse the Representatives for associated carrying costs if such tax payment is not rebated on the day of payment and for any portion of such tax payment not rebated, and (ii) the Representatives are authorized to deduct for such payment any such amounts from the proceeds to such Selling Stockholder hereunder and to hold such amounts for the account of such Selling Stockholder.

Appears in 1 contract

Samples: Malibu Boats, Inc.

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000 at 10:00 a.m., St. Petersburg, Florida time, on June February 2, 20152021, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on February 17, 2021, as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, XxxxxxxXxxxxxx 00000, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredoption. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor per Share therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx & Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Adamis Pharmaceuticals Corp)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2March 7, 20152014, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on March 7, 2014 as the Underwriter shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter of and payment for any Additional Shares to be purchased by the Underwriter shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter to the Company, Company of the Underwriter’s determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredoption. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter and the Company. The Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered made to the Underwriter on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery of Payment for the Shares sold by the Company hereunder shall be made delivered by the Underwriter to the Company. The Company shall deliver the Firm Shares and any Additional Shares through the facilities of The Depositary the Depository Trust Company (“DTC”) for the account of the Underwriter unless the Underwriter shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Guaranty Federal Bancshares Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 212, 20152018, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on June 22, 2018 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three one nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredoption. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Adma Biologics, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2November 4, 20152003, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, as the Underwriter shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company and Bxxxxxx hereby acknowledges acknowledge that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to Certificates for the Underwriter of and payment for any Additional Shares to be purchased by hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the Underwriter second full business day preceding the Closing Date. Such certificates shall be made at the offices of the Underwriteravailable to you in St. Petersburg, 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on such date (the “Additional Closing Date”) (which may be the same as business day immediately preceding the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter to the Company, of the Underwriter’s determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for certificates evidencing the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor by wire transfer of immediately available funds to the account(s) accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the CompanySelling Stockholder. Delivery Payment for the shares sold by the Selling Stockholder hereunder shall be delivered by the Representative to the Custodian (as defined herein). It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Shares that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. The Selling Stockholder hereby agrees that (i) he will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares shall to be made through sold by the facilities Selling Stockholder to the several Underwriters, or otherwise in connection with the performance of The Depositary Trust Company unless the Underwriter shall otherwise instructSelling Stockholder’s obligations hereunder and (ii) the Custodian is authorized to deduct for such payment any such amounts from the proceeds to the Selling Stockholder hereunder and to hold such amounts for the account of the Selling Stockholder with the Custodian under the Custody Agreement (as defined herein).

Appears in 1 contract

Samples: Underwriting Agreement (Marinemax Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2November 13, 20152017, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on November 22, 2017 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three one nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredoption. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Adma Biologics, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on June 2, 2015, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, as the Underwriter shall designate by notice to the Company 1996 (the time and date of such closing are called the “"Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter you and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, notice from you on behalf of the Underwriter Underwriters to the Company, Company of the Underwriter’s Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given to the Company by you at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredProspectus. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor by wire transfer of immediately available funds to the account(scertified or official bank check or checks payable in New York Clearing House (next day) specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter shall otherwise instructfunds.

Appears in 1 contract

Samples: National Auto Finance Co Inc

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000 at 10:00 a.m., St. Petersburg, Florida time, on June 2February 15, 20152017, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on February 15, 2017 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, XxxxxxxXxxxxxx 00000, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor per Share therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Biotime Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on June 2________, 2015, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, as the Underwriter shall designate by notice to the Company 1999 (the time and date of such closing are called the “"Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, notice from you on behalf of the Underwriter Underwriters to the Company, Company of the Underwriter’s Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given to the Company by you at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredProspectus. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor by wire transfer of immediately available funds certified or official bank check or checks payable in New York Clearing House (next day) funds. Payment for the Firm Shares sold by the Company hereunder shall be delivered by the Representative to the account(s) specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter shall otherwise instruct.

Appears in 1 contract

Samples: Priority Healthcare Corp

Delivery of the Shares and Payment Therefor. Certificates for the Shares to be purchased by the Underwriters hereunder, in definitive form and in such denominations and registered in such names as Raymxxx Xxxex & Xssociates, Inc. may request upon at least 48 hours prior notice to the Company, shall be delivered by or on behalf of the Company to the Underwriters for their respective accounts, against payment by the Underwriters as provided herein. Payment shall be made with respect to the purchase price for the Firm Shares and any Additional Shares purchased from the Company if any Additional Shares are purchased hereunder, to the Company by official bank check or checks payable to the order of the Company, in New York Clearing House next day funds against delivery of the certificates for the Firm Shares or Additional Shares purchased from the Company, as the case may be. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRaymxxx Xxxex & Xssociates, 800 Inc., 880 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at Xxxxxxx, xx 10:00 a.m., St. Petersburg, Florida time, on June 2, 2015, or such other place, time and four business days after the date not later than 1:30 p.m., St. Petersburg, Florida time, as the Underwriter shall designate by notice to the Company hereof (the time and date of such closing are called the “"Closing Date"). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter you and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRaymxxx Xxxex & Xssociates, 800 Inc., 880 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at xx 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the "Additional Closing Date”) " (which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) ), as shall be specified in a written notice, notice from you on behalf of the Underwriter Underwriters to the Company, of the Underwriter’s Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given to the Company by you at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to upon which the Underwriter Registration Statement is exercising declared effective by the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredCommission. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor by wire transfer of immediately available funds to the account(s) specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter shall otherwise instruct.

Appears in 1 contract

Samples: Underwriting Agreement (Fidelity National Corp /Ga/)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2January 25, 20152017, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on February 8, 2017 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. 3 Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery of Payment for the Shares sold by the Company hereunder shall be made delivered by the Representative to the Company. The Company shall deliver the Firm Shares and any Additional Shares through the facilities of The Depositary Depository Trust Company (“DTC”) unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Carolina Financial Corp)

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Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2November 25, 20152013, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on December 10, 2013, as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered made to the Underwriter Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account or accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery of The Company shall deliver the Firm Shares shall be made and any Additional Shares through the facilities of The Depositary the Depository Trust Company unless the Underwriter Representative shall otherwise instruct. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Federated National Holding Co)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2January 30, 2015, 2017 or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on February 2, 2017 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company and the Selling Shareholders hereby acknowledges acknowledge that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company Company, the Selling Shareholders or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to, unless otherwise agreed to by the Representative and the Company) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the any Additional Closing Date may be varied by agreement between the Underwriter Representative and the Company. Certificates, if any, for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or any Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or any Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the any Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the any Additional Closing Date, as the case may be, by the Company and the Selling Shareholders. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery Payment for the Shares sold by the Selling Shareholders hereunder shall be delivered by the Representative to the Custodian (as defined herein). It is understood that you have been authorized, for your own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc., individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by it by the Closing Date or any Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. Each Selling Shareholder hereby agrees that (i) it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares shall to be made through sold by such Selling Shareholder to the facilities several Underwriters, or otherwise in connection with the performance of The Depositary Trust Company unless such Selling Shareholder’s obligations hereunder and (ii) the Underwriter shall otherwise instructCustodian is authorized to deduct for such payment any such amounts from the proceeds to such Selling Shareholder hereunder and to hold such amounts for the account of such Selling Shareholder with the Custodian under the Custody Agreement (as defined herein).

Appears in 1 contract

Samples: Underwriting Agreement (Smartfinancial Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2August 20, 20152014, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on August 20, 2014, as the Underwriter shall designate by written notice to the Company and the Selling Stockholders (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between among the Underwriter and the CompanySelling Stockholders. The Company Selling Stockholders hereby acknowledges acknowledge that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company Company, the Selling Stockholders or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus. Delivery to Certificates for the Underwriter of and payment for any Additional Shares to be purchased by the Underwriter hereunder shall be made at the offices of the Underwriter, 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m.registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, on such date (not later than the “Additional Closing Date”) (which may be the same as business day preceding the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving . Delivery of the notice hereinafter referred to) as Shares shall be specified in a written notice, from made through the Underwriter to facilities of The Depository Trust Company (“DTC”). Certificates evidencing the Company, of the Underwriter’s determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the CompanySelling Stockholders. Delivery Each Selling Stockholder hereby agrees that it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares shall to be made through sold by such Selling Stockholder to the facilities Underwriter, or otherwise in connection with the performance of The Depositary Trust Company unless the Underwriter shall otherwise instructsuch Selling Stockholder’s obligations hereunder.

Appears in 1 contract

Samples: Health Insurance Innovations, Inc.

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares Securities and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000, at 10:00 a.m., St. Petersburg, Florida time, on June 2February 5, 2015, 2019 or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on February 5, 2019, as the Underwriter Representatives shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares Securities and the Closing Date may be varied by agreement between the Underwriter Representatives and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus. Delivery to the Underwriter Underwriters of and payment for any Additional Shares Securities to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, XxxxxxxXxxxxxx 00000, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representatives on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional SharesSecurities. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares Securities as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredoption. The place of closing for the Additional Shares Securities and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Firm Shares Securities and any Additional Shares Securities to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Securities sold by the Company hereunder shall be delivered by the Representatives to the Company. Delivery of the Shares Securities shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representatives shall otherwise instruct. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Firm Share for the Firm Shares and per Additional Share for the Additional Shares, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Ladenburg Xxxxxxxx & Co. Inc., each individually and not as Representatives of the Underwriters, may, but shall not be obligated to, make payment for any Securities to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Leap Therapeutics, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2, 2015[ ], or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on June , 2007 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company and the Selling Shareholder hereby acknowledges acknowledge that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company Company, the Selling Shareholder or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten five business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the CompanyCompany and the Selling Shareholder, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Company and the Selling Shareholder shall timely deliver the Firm Shares and any Additional Shares through the facilities of The Depository Trust Company (“DTC”) unless the Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc., individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased hereunder by any Underwriter whose funds shall be delivered to not have been received by the Underwriter on Representative by the Closing Date or the Additional Closing Date, as the case may be, against for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. The Selling Shareholder hereby agrees that he will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the purchase price therefor by wire transfer of immediately available funds to the account(s) specified in writing, not later than the close of business on the business day next preceding the Closing Date sale or the Additional Closing Date, as the case may be, by the Company. Delivery delivery of the Shares shall to be made through sold by such Selling Shareholder to the facilities several Underwriters, or otherwise in connection with the performance of The Depositary Trust Company unless the Underwriter shall otherwise instructsuch Selling Shareholder’s obligations hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (American Physicians Service Group Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, three (or four, if priced after 4:00 p.m. on June 2, 2015, or such other place, time and the relevant date) business days after the date not later than 1:30 p.m., St. Petersburg, Florida time, as the Underwriter shall designate by notice to the Company hereof (the time and date of such closing are called the “"Closing Date"). The place of closing delivery for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter you and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the "Additional Closing Date") (which may be the same as the Closing Date, Date but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) ), as shall be specified in a written notice, notice from you on behalf of the Underwriter Underwriters to the Company, of the Underwriter’s Underwriters' determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given to the Company by you at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredthis Agreement. The place of closing delivery for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, on the second business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor by wire transfer of in immediately available funds funds, to the account(s) account specified in writing, not by the Company to the Underwriters no later than the close of business on the business day next preceding prior to the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter shall otherwise instruct.

Appears in 1 contract

Samples: Edge Petroleum Corp

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2March 18, 2015, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on April 1, 2015 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Adma Biologics, Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2April 26, 20152017, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on April 26, 2017, as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor per Share therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Adamis Pharmaceuticals Corp)

Delivery of the Shares and Payment Therefor. Delivery to The closing for the Underwriter purchase of the Firm Shares and payment therefor shall be made take place at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2[ ], 20152018, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on [ ], 2018 as the Underwriter shall designate by notice to Representative and the Company may agree (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies purchase of an amended or supplemented Prospectus. Delivery to the Underwriter of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made take place at the offices of the UnderwriterXxxxxxx Xxxxx & Associates, 800 Inc., 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three two nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. Certificates or book-entries for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates, if any, shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates or book-entries evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor by wire transfer of immediately available funds to the account(s) accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company and the Selling Shareholders. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of The Company shall deliver the Firm Shares shall be made and any Additional Shares through the facilities of The Depositary Depository Trust Company (“DTC”) unless the Underwriter Representative shall otherwise instruct. Payment for the Shares sold by the Selling Shareholders hereunder shall be delivered by the Representative to the Custodian (as defined herein). It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx & Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. Each Selling Shareholder hereby agrees that (i) it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Shares to be sold by such Selling Shareholder to the several Underwriters, or otherwise in connection with the performance of such Selling Shareholder’s obligations hereunder and (ii) the Custodian is authorized to deduct for such payment any such amounts from the proceeds to such Selling Shareholder hereunder and to hold such amounts for the account of such Selling Shareholder with the Custodian under the Custody Agreement (as defined herein).

Appears in 1 contract

Samples: Underwriting Agreement (Level One Bancorp Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2, 2015[•], or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on December [•], 2017, as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. Certificates for the Firm Shares and for any Additional Shares to be purchased hereunder shall be registered in such names and in such denominations as you shall request prior to 1:00 p.m., St. Petersburg, Florida time, not later than the second full business day preceding the Closing Date or the Additional Closing Date, as the case may be. Such certificates shall be made available to you in St. Petersburg, Florida for inspection and packaging not later than 9:30 a.m., St. Petersburg, Florida time, on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be. The certificates evidencing the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Subject to Section 11, Rxxxxxx Jxxxx, individually and not as Representative of the Underwriters, may, but shall not be made through obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the facilities Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of The Depositary Trust Company unless the such Underwriter, but any such payment shall not relieve such Underwriter shall otherwise instructfrom any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Advantage Insurance Inc.)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000 at 10:00 a.m., St. Petersburg, Florida time, on June 2October 17, 20152017, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on October 19, 2017 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter to recirculate to the public copies of an amended or supplemented Prospectus. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, XxxxxxxXxxxxxx 00000, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registeredoption. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Firm Shares and any Additional Shares to be purchased hereunder shall be delivered to the Underwriter you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor per Share therefore by wire transfer of immediately available funds to the account(s) an account specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Underwriter Representative shall otherwise instruct. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Biotime Inc)

Delivery of the Shares and Payment Therefor. Delivery to the Underwriter Underwriters of the Firm Shares and payment therefor shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx at 10:00 a.m., St. Petersburg, Florida time, on June 2August 6, 20152014, or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on August 21, 2014 as the Underwriter Representative shall designate by notice to the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Shares and the Closing Date may be varied by agreement between the Underwriter Representative and the Company. The Company hereby acknowledges that circumstances under which the Underwriter Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Company or the Underwriter Representative to recirculate to the public copies of an amended or supplemented ProspectusProspectus or a delay as contemplated by the provisions of Section 11 hereof. Delivery to the Underwriter Underwriters of and payment for any Additional Shares to be purchased by the Underwriter Underwriters shall be made at the offices of the UnderwriterRxxxxxx Jxxxx & Associates, Inc., 800 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, at 10:00 a.m., St. Petersburg, Florida time, on such date or dates (the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice, from the Underwriter Representative on behalf of the Underwriters to the Company, of the Underwriter’s Underwriters’ determination to purchase a number, specified in such notice, of Additional Shares. Such notice may be given at any time within 30 days after the date of the Prospectus and must set forth (i) the aggregate number of Additional Shares as to which the Underwriter is Underwriters are exercising the option and (ii) the names and denominations in which the certificates for which the Additional Shares are to be registered. The place of closing for the Additional Shares and the Additional Closing Date may be varied by agreement between the Underwriter you and the Company. The Delivery of the Firm Shares and any Additional Shares to be purchased hereunder shall be delivered made to the Underwriter Representative on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to the account(s) an account or accounts specified in writing, not later than the close of business on the business day next preceding the Closing Date or the Additional Closing Date, as the case may be, by the Company. Delivery of The Company shall deliver the Firm Shares shall be made and any Additional Shares through the facilities of The Depositary the Depository Trust Company unless the Underwriter Representative shall otherwise instruct. Payment for the Shares sold by the Company hereunder shall be delivered by the Representative to the Company. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price per Share for the Firm Shares and the Additional Shares, if any, that the Underwriters have agreed to purchase. Rxxxxxx Jxxxx and Associates, Inc., individually and not as Representative of the Underwriters, may, but shall not be obligated to, make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Federated National Holding Co)

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