Delivery of the Units. Delivery of the Firm Units and the Optional Units shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters.
Delivery of the Units. The closing of the offering shall occur at the offices of Xxxxxx, Xxxxxxxxxx & Xxxxxxxxx LLP (or at such other place as shall be agreed upon by the Placement Agent and the Company) (“Placement Agent Counsel”). Subject to the terms and conditions hereof, at the payment of the purchase price for the Securities sold on such Closing Date shall be made by Federal Funds wire transfer, against delivery of such Securities, and such Securities shall be registered in such name or names set forth in the securities purchase agreement, by and between the Company and the Investors, relating to the Securities. Deliveries of the documents with respect to the purchase of the Securities, if any, shall be made at the offices of Placement Agent Counsel. All actions taken at the closing shall be deemed to have occurred simultaneously.
Delivery of the Units. At the Closing, subject to the terms and conditions hereof, the Company will deliver to each Purchaser a stock certificate or certificates and Warrant or Warrants, in such denominations and registered in such names as such Purchaser may designate by notice to the Company, representing the Units, dated as of the Closing Date (each a “Certificate”), against payment of the purchase price therefor by cash in the form of wire transfer, unless other means of payment shall have been agreed upon by the Purchasers and the Company.
Delivery of the Units. (i) The Company shall deliver, or cause to be delivered, to the Representative for the accounts of the several Underwriters certificates for the Firm Units at the First Closing Date, against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered, to the Representative for the accounts of the several Underwriters, certificates for the Optional
Delivery of the Units. The Issuers shall deliver, or cause to be --------------------- delivered, to the Initial Purchaser certificates for the Units on the Closing Date against the irrevocable release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The certificates for the Units shall be in such denominations and registered in the name of Cede & Co., as nominee of the Depository, and shall be made available for inspection on the business day preceding the Closing Date at a location in New York City, as the Initial Purchaser may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Initial Purchaser.
Delivery of the Units. The Company on the Closing Date (a) will ---------------------- have full right, power, and authority to sell, assign, transfer, and deliver, by reason of record and beneficial ownership to the Investor, the Units, free and clear of all liens, charges, claims, options, pledges, restrictions, and encumbrances whatsoever; other than those imposed by applicable securities laws, and (b) upon delivery of and payment by the Investor of the Purchase Price to the Company, the Investor will acquire good and marketable title to the Common Stock and the Warrants, free and clear of all liens, charges, claims, options, pledges, restrictions, and encumbrances whatsoever; other than those imposed by applicable securities laws.
Delivery of the Units. The Units shall be registered in such names and in such denominations as the Placement Agents shall request by written notice to the Company.
Delivery of the Units. (a) Delivery of the Units to be purchased by each Investor hereunder shall be made in the form of one or more permanent global securities in definitive form (the “Global Securities”) deposited with the Trustee as custodian for the Depository Trust Company and registered in the name of Cede & Co., as nominee for the Depository Trust Company. Payment for such Units shall be made by the Investors by wire transfer of immediately available funds to a bank account designated by the Company to the Representative at least forty-eight hours in advance, against delivery to the Trustee as custodian for the Depository Trust Company of the Global Securities representing such Units. Time shall be of the essence and delivery at the time and place specified in this Agreement is a further condition to the obligations of each Underwriter. The amount of proceeds to be delivered to the Company on the Closing Date against receipt of the Units sold will be equal to the aggregate sales price received by the Underwriters, after deduction for (i) Underwriter’s commission, discount or other compensation for such sales payable by the Company pursuant to Sections 2(b) and 6(h) hereof, and (ii) any transaction fees imposed by any governmental or self-regulatory organization in respect of such sales.
Delivery of the Units. Delivery of the Units sold by the Selling Agent shall take place at the principal office of the Selling Agent (or at such other place as may be designated by the Selling Agent), on such date after the last Closing Date as the Selling Agent shall designate.
Delivery of the Units. At the Closing, Seller shall deliver, or cause to be delivered, to Buyer certificates of membership representing the Units, duly endorsed in blank or accompanied by stock powers duly executed in blank, in proper form for transfer.
