Common use of Initial Shares Clause in Contracts

Initial Shares. The Initial Shares to be purchased by the Underwriters hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriters, against payment by or on behalf of the Underwriters of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts specified to the Representatives by the Company upon at least forty-eight (48) hours’ prior notice. The time, date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇. The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 4 contracts

Sources: Underwriting Agreement (Northstar Realty Finance Corp.), Underwriting Agreement (Northstar Realty Finance Corp.), Underwriting Agreement (Northstar Realty Finance Corp.)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours’ prior notice to the Company Company, shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company upon at least forty-eight (48) hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the Representative, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 4 contracts

Sources: Underwriting Agreement (Aames Investment Corp), Underwriting Agreement (Aames Investment Corp), Underwriting Agreement (Aames Investment Corp)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives by the Company upon at least forty-eight (48) hours' prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the Representatives, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 3 contracts

Sources: Underwriting Agreement (Atlas America Inc), Underwriting Agreement (Integrated Alarm Services Group Inc), Underwriting Agreement (Brillian Corp)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company upon at least forty-eight (48) hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging not later than 1:00 p.m. New York City time on the business day prior to the Closing Time (as defined below) with respect thereto at the office of the Representative, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 3 contracts

Sources: Underwriting Agreement (HomeStreet, Inc.), Underwriting Agreement (HomeStreet, Inc.), Underwriting Agreement (Anworth Mortgage Asset Corp)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours' prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company upon at least forty-eight (48) hours' prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the Representative, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 3 contracts

Sources: Underwriting Agreement (Pacific Premier Bancorp Inc), Underwriting Agreement (Allied Healthcare International Inc), Underwriting Agreement (Allied Healthcare International Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) 48 hours’ prior notice. Upon request of the Representatives, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of ▇▇▇▇▇ Fargo Securities, LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time, time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 2 contracts

Sources: Underwriting Agreement (CapLease, Inc.), Underwriting Agreement (CapLease, Inc.)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company upon at least forty-eight (48) hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging not later than 1:00 p.m. New York City time on the business day prior to the Closing Time (as defined below) with respect thereto at the office of the Representative, 1▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 2 contracts

Sources: Underwriting Agreement (Goldleaf Financial Solutions Inc.), Underwriting Agreement (Goldleaf Financial Solutions Inc.)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) hours’ hours prior notice. The time, date and place of such delivery and payment shall be 9:30 a.m., New York City time, on Company will cause the third (fourth, if the determination of the purchase price of certificates representing the Initial Shares occurs after 4:30 p.m., New York City timeto be made available for checking and packaging at least twenty-four (24) business day after hours prior to the date hereof Closing Time (unless another time and date shall be agreed to by the Representatives and the Companyas defined below) with respect thereto at the office of Hunton & ▇▇▇▇▇▇▇▇ LLPLynch, counsel for the UnderwritersPierce, ▇▇▇▇▇& ▇▇▇▇ Incorporated, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date at which of such delivery and payment shall be 9:30 a.m., New York City time, on the third business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery of the Shares are actually made is hereinafter sometimes called the “Closing Time,” and the date of delivery of both the Initial Shares and the Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 2 contracts

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives by the Company upon at least forty-eight (48) hours' prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging not later than 1:00 p.m. New York City time on the business day prior to the Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇ ▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such delivery and payment are actually made is hereinafter called the "Closing Time."

Appears in 2 contracts

Sources: Underwriting Agreement (Customers Bancorp, Inc.), Underwriting Agreement (Customers Bancorp, Inc.)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) 48 hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Closing Time (as defined below) with respect thereto at the office of Friedman, Billings, R▇▇▇▇▇ & Co., Inc., 1▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 2 contracts

Sources: Underwriting Agreement (Specialty Underwriters Alliance, Inc.), Underwriting Agreement (Specialty Underwriters Alliance, Inc.)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, form and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours’ hours prior notice to the Company Company, shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company Company, upon at least forty-eight (48) hours’ hours prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four (24) hours prior to the Closing Time (as defined below) with respect thereto at the office of the Representative, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time,” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 2 contracts

Sources: Underwriting Agreement (Bimini Mortgage Management Inc), Underwriting Agreement (Bimini Mortgage Management Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names and amounts as the Representatives Representative may request upon at least forty-eight (48) hours’ prior notice to the Company Company, shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, Representative through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company and each of the Selling Stockholders, upon at least forty-eight (48) hours’ prior notice. To the extent the Initial Shares exist in certificated form, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging not later than 1:00 p.m. New York City time on the business day prior to the Closing Time (as defined below) with respect thereto at the office of FBR, 1▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time, time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 2 contracts

Sources: Underwriting Agreement (Great Ajax Corp.), Underwriting Agreement (Great Ajax Corp.)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hourstwo business days’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company upon at least forty-eight (48) hourstwo business days’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least one business day, but in no event less than twenty-four hours, prior to the Closing Time (as defined below) with respect thereto at the office of the Representative, 5▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Midwest Banc Holdings Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives by the Company upon at least forty-eight (48) hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of FBR, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Thomas Properties Group Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives by the Company Company, as the case may be, upon at least forty-eight (48) hours’ prior notice. The time, date and place of such delivery and payment shall be 9:30 a.m., New York City time, on Company will cause the third (fourth, if the determination of the purchase price of certificates representing the Initial Shares occurs after 4:30 p.m., New York City timeto be sold by them to be made available for inspection at least twenty-four (24) business day after hours prior to the date hereof Closing Time (unless another time and date shall be agreed to by the Representatives and the Companyas defined below) with respect thereto at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on July 16, 2012 (unless another time and date shall be agreed to by the Representatives and the Company). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) 48 hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) 48 hours' prior notice. Upon request of the Representatives, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of Wachovia Capital Markets LLC, 330 South College Street, Ch▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇ its designated custodian, as the case may be (the "Designated Office"). The time, time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the "Initial Closing Time."

Appears in 1 contract

Sources: Underwriting Agreement (Capital Lease Funding Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours' prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company upon at least forty-eight (48) hours' prior notice. The timeCompany will cause the certificates representing the Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the Ledgewood Law Firm, P.C. located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourthDecember 24, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2001 or on such other time and date shall be agreed to by as the Representatives Company and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇Representative may agree upon in writing. The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Sources: Underwriting Agreement (Rait Investment Trust)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) 48 hours' prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company upon at least forty-eight (48) 48 hours' prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Closing Time (as hereinafter defined) with respect thereto at the office of the Representative, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of the Initial Shares and, if applicable, the Option Shares, is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Sources: Underwriting Agreement (Feldman Mall Properties, Inc.)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hourstwo business days’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company upon at least forty-eight (48) hourstwo business days’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least one business day prior to the Closing Time (as defined below) with respect thereto at the office of the Representative, 1▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Midwest Banc Holdings Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-forty- eight (48) hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-same- day) funds to the accounts account specified to the Representatives by the Company upon at least forty-eight (48) hours' prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time with respect thereto at the office of the Representatives, 1001 ▇▇/▇▇/ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) ). The time at which any such payment and delivery are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery." The closing of the sale and purchase of the Shares, other than the physical delivery of the Shares, shall be held at the office offices of Hunton ▇▇▇▇▇▇ & Bird LLP, ▇▇▇ ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇.▇▇ ▇▇▇▇▇., ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇/▇▇/ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇.▇. The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time▇▇▇▇▇-▇▇▇▇.

Appears in 1 contract

Sources: Underwriting Agreement (Bankatlantic Bancorp Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives by the Company upon at least forty-eight (48) hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time with respect thereto at the office of FBR, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (Meruelo Maddux Properties, Inc.)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours’ two business days prior notice to the Company shall be delivered by or on behalf of the Company and the Selling Stockholders to the Representatives, including, at the option of the Representatives, Representative through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company and each of the Selling Stockholders, upon at least forty-eight (48) hours’ two business days prior notice. The time, time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made for both Initial Shares and any Option Shares is hereinafter called sometimes referred to as the “Closing Time” and the date of delivery of both Initial Shares and any Option Shares is hereinafter sometimes referred to as the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Lakeland Industries Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company upon at least forty-eight (48) hours' prior notice. The timeCompany will cause the certificates representing the Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the Ledgewood Law Firm, P.C. located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourthJuly 18, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2001 or on such other time and date shall be agreed to by as the Representatives Company and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇Representative may agree upon in writing. The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Sources: Underwriting Agreement (Rait Investment Trust)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives Representative by the Company upon at least forty-eight (48) hours’ 48 hours prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ & Company, Incorporated, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment of the Shares are actually made is hereinafter sometimes called the “Closing Time,” and the date of delivery of the both the Initial Shares and the Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours' prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company upon at least forty-eight (48) hours' prior notice. The timeCompany will cause the certificates representing the Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of ▇▇▇▇▇ & ▇▇▇▇ LLP, ▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇-▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourthJanuary 29, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2001 or on such other time and date shall be agreed to by as the Representatives Company and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇Representative may agree upon in writing. The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Sources: Underwriting Agreement (Annaly Mortgage Management Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) hours’ 48 hours prior notice. The time, date and place of such delivery and payment shall be 9:30 a.m., New York City time, on Company will cause the third (fourth, if the determination of the purchase price of certificates representing the Initial Shares occurs after 4:30 p.m., New York City timeto be made available for checking and packaging at least 24 hours prior to the Closing Time (as defined below) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) with respect thereto at the office of Hunton & ▇▇▇▇▇▇▇▇ LLPCitigroup Global Markets Inc., counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date at which of such delivery and payment shall be 9:30 a.m., New York City time, on the third business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery of the Shares are actually made is hereinafter sometimes called the “Closing Time”, and the date of delivery of the both the Initial Shares and the Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) hours’ 48 hours prior notice. The time, date and place of such delivery and payment shall be 9:30 a.m., New York City time, on Company will cause the third (fourth, if the determination of the purchase price of certificates representing the Initial Shares occurs after 4:30 p.m., New York City timeto be made available for checking and packaging at least 24 hours prior to the Closing Time (as defined below) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) with respect thereto at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ & Co. LLC, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date at which of such delivery and payment shall be 9:30 a.m., New York City time, on the third business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery of the Shares are actually made is hereinafter sometimes called the “Closing Time” and the date of delivery of both the Initial Shares and the Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives by the Company upon at least forty-eight (48) hours' prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of King & Spalding LLP, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such delivery and payment are actually made is hereinafter called the "Closing Time."

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon in writing at least forty-eight (48) 48 hours’ prior notice to the Company Closing Time, shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives by the Company upon at least forty-eight (48) 48 hours’ prior noticeto the Closing Time. The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging not later than 1:00 p.m., New York City time, on the business day prior to the Closing Time (as defined below) with respect thereto at the office of [•], or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (OFS Capital Corp)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives Representative by the Company upon at least forty-eight (48) hours’ 48 hours prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Closing Time (as defined below) with respect thereto at the office of Deutsche Bank Securities Inc., ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time” and the date of delivery of both the Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) 48 hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Closing Time (as defined below) with respect thereto at the office of Wachovia Capital Markets, LLC, 3▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) 48 hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Closing Time (as defined below) with respect thereto at the office of Wachovia Capital Markets, LLC, 7 ▇▇. ▇▇▇▇ ▇▇▇▇▇▇, 1st Floor, Baltimore, Maryland 21202, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) hourstwo full business days’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by Federal Funds wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives by the Company upon at least forty-eight (48) hourstwo business days’ prior notice. The time, date and place of such delivery and payment shall be 9:30 a.m., New York City time, on Company will cause the third (fourth, if the determination of the purchase price of certificates representing the Initial Shares occurs after 4:30 p.m., New York City time) to be made available for checking and packaging at least one business day after prior to the date hereof Closing Time (unless another time and date shall be agreed to by the Representatives and the Companyas hereinafter defined) with respect thereto at the office of Hunton & ▇Bear, ▇▇▇▇▇▇▇ LLP& Co. Inc., counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date at which of such delivery and payment shall be 9:30 a.m., New York City time, on the third business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company). The time at which such payment and delivery are actually made is hereinafter sometimes called the “Closing Time” and the date of delivery of the Initial Shares and, if applicable, the Option Shares, is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Highland Hospitality Corp)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours’ prior notice to the Company and the Selling Shareholder, shall be delivered by or on behalf of the Company and the Selling Shareholder to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) immediately available funds to the account or accounts specified to the Representatives Representative by the Company and the Selling Shareholder, upon at least forty-eight (48) hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) at the office of the Representative, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to in writing by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (Placer Sierra Bancshares)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) 48 hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of Friedman, Billings, ▇▇▇▇▇▇ & Co., ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (Capital Lease Funding Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives by the Company upon at least forty-eight (48) hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time with respect thereto at the office of the Representatives, 1▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) ). The time at which any such payment and delivery are actually made is hereinafter sometimes called the “Closing Time” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.” The closing of the sale and purchase of the Shares, other than the physical delivery of the Shares, shall be held at the office offices of Hunton & ▇C▇▇▇▇▇▇▇ Chance US LLP, counsel for the Underwriters, ▇2▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇. The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.

Appears in 1 contract

Sources: Underwriting Agreement (Levitt Corp)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) 48 hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) 48 hours' prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Closing Time (as defined below) with respect thereto at the office of Wachovia Capital Markets, LLC, 7 St. Paul Street, 1st Floor, Baltimore, Maryland 21202, or at the o▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇ its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, form and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours’ 48 hours prior notice to the Company Company, shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company Company, upon at least forty-eight (48) hours’ 48 hours prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Closing Time (as defined below) with respect thereto at the office of the Representative, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time,” and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the “Date of Delivery.”

Appears in 1 contract

Sources: Underwriting Agreement (Bimini Mortgage Management Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) 48 hours' prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativesRepresentative, including, at the option of the RepresentativesRepresentative, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives Representative by the Company upon at least forty-eight (48) 48 hours' prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of Wachovia Capital Markets, LLC, 301 S. College Street, Char▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇r its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the "Initial Closing Time."

Appears in 1 contract

Sources: Underwriting Agreement (Capital Lease Funding Inc)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight (48) hours' prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company ("DTC") for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified to the Representatives Representative by the Company upon at least forty-eight (48) hours' prior notice. The timeCompany will cause the certificates representing the Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the Ledgewood Law Firm, P.C. located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth_____________, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2001 or on such other time and date shall be agreed to by as the Representatives Company and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇Representative may agree upon in writing. The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Sources: Underwriting Agreement (Rait Investment Trust)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) 48 hours’ prior notice. Upon request of the Representatives, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of Citigroup Global Markets Inc., ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time, time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (CapLease, Inc.)

Initial Shares. The Initial Shares to be purchased by the Underwriters each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight (48) 48 hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representatives, including, at the option of the Representatives, through the facilities of The Depository Trust Company (“DTC”) for the account of the Underwriterssuch Underwriter, against payment by or on behalf of the Underwriters such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the accounts account specified in writing to the Representatives by the Company upon at least forty-eight (48) 48 hours’ prior notice. The timeCompany will cause the certificates representing the Initial Shares to be made available for checking and packaging at least 24 hours prior to the Initial Closing Time with respect thereto at the office of Friedman, Billings, ▇▇▇▇▇▇ & Co., Inc., ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date and place of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if the determination of the purchase price of the Initial Shares pricing occurs after 4:30 4:00 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representatives and the Company) at the office of Hunton & ▇▇▇▇▇▇▇▇ LLP, counsel for the Underwriters, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇). The time and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Initial Closing Time.”

Appears in 1 contract

Sources: Underwriting Agreement (Capital Lease Funding Inc)