Common use of DWAC Clause in Contracts

DWAC. If available, in lieu of delivering physical certificates representing the Securities for which a legend has been removed (“Unlegended Shares”), upon request of a Purchaser, so long as the certificates therefor do not bear a legend and the Purchaser is not obligated to return such certificate for the placement of a legend thereon, the Company shall cause its transfer agent to electronically transmit the Unlegended Shares by crediting the account of Purchaser’s prime broker with the Depository Trust Company through its Deposit Withdrawal At Custodian system, provided that the Company’s Common Stock is DTC eligible and the Company’s transfer agent participates in the Deposit Withdrawal at Custodian system. Such delivery must be made on or before the Legend Removal Date.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Shineco, Inc.), Securities Purchase Agreement (Shineco, Inc.)

DWAC. If available, in In lieu of delivering physical certificates representing the Securities for which a legend has been removed (“Unlegended Shares”)unlegended shares, upon request of a Purchaser, so long as the certificates therefor do not bear a legend and the Purchaser is not obligated to return such certificate for the placement of a legend thereonthereon and provided it is commercially reasonable for the Company to do so, the Company shall cause its transfer agent to electronically transmit the Unlegended Shares unlegended shares by crediting the account of Purchaser’s prime broker with the Depository Trust Company through its Deposit Withdrawal At Custodian system, provided that the Company’s Common Stock is DTC eligible and the Company’s transfer agent participates in the Deposit Withdrawal at Custodian system. Such delivery must be made on or before the Legend Removal Date.

Appears in 1 contract

Sources: Securities Purchase Agreement (Genius Brands International, Inc.)