Common use of Initial Shares Clause in Contracts

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder and, to the extent the Initial Shares exist in definitive form, in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal (same-day) funds to the account specified to the Representatives by the Company upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive 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 Xxxxxx, Xxxx & Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 3 contracts

Samples: Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.)

AutoNDA by SimpleDocs

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours' prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company upon at least forty-eight hours' prior notice. To the extent the Initial Shares exist in definitive form, the 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 Xxxxxx, Xxxx & Xxxxxxxx Xxxxx Xxxxxx LLP, 0000 Xxxxxxxxxxx XxxxxxXxxxxxxx, X.X.Xxx Xxxx, Xxxxxxxxxx, XX Xxx Xxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the "Closing Time."

Appears in 2 contracts

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

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours' prior notice to the Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company and each of the Selling Stockholders, upon at least forty-eight hours' prior notice. To the extent the Initial Shares exist in definitive form, the 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 Xxxxxx, Xxxx & Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the "Closing Time."

Appears in 2 contracts

Samples: Aventine Renewable Energy Holdings Inc, Aventine Renewable Energy Holdings Inc

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours' prior written notice to the Company and the Committee shall be delivered by or on behalf of the Company and the Selling Stockholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company and each of the Selling Stockholders, upon at least forty-eight hours' prior notice. To the extent the Initial Shares exist in definitive form, the 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 at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of Xxxxxxthe Representatives, Xxxx c/o Friedman, Billings, Xxxxxx & Xxxxxxxx LLPCo., Inc., 0000 Xxxxxxxxxxx Xxxxxx00xx Xxxxxx Xxxxx, X.X.Xxxxxxxxx, XxxxxxxxxxXxxxxxxx 00000 and c/o RBC Capital Markets Corporation, c/o RBC Capital Markets, Xxx Xxxxxxx Xxxxx, 000 Xxxxxxxx, Xxx Xxxx, XX 00000-0000, Attention: Xxx Xxxxx, Syndicate Director, Fax: (000) 000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”"DESIGNATED OFFICE"). The time and date of the such delivery of the Initial Shares 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 and date at which such payment and delivery and payment are actually made is hereinafter sometimes called the “Closing Time"CLOSING TIME" and each date of delivery of any Initial Shares and/or Option Shares is hereinafter sometimes called a "Date of Delivery."

Appears in 2 contracts

Samples: Underwriting Agreement (Websidestory Inc), Websidestory Inc

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive 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 Xxxxxx, Xxxx Xxxxxx Xxxxxxx Xxxxx & Xxxxxxxx Scarborough LLP, 0000 Xxxxxxxxxxx Xxxxxx000 Xxxxxxxxxxxx Xxx XX, X.X.Xxxxx 000, Xxxxxxxxxx, XX X.X. 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares and payment shall be 9:30 a.m., New York City time, on the third second (fourththird, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time, on the date hereof) business day after the date hereof (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 2 contracts

Samples: Underwriting Agreement (Stronghold Digital Mining, Inc.), Underwriting Agreement (Stronghold Digital Mining, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder and, to the extent the Initial Shares exist in definitive form, in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours’ prior notice to the Company shall be delivered by or on behalf of the Company Selling Stockholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account accounts specified to the Representatives by the Company Selling Stockholders, upon at least forty-eight 48 hours’ prior notice. To the extent the Initial Shares exist in definitive form, the Company The Selling Stockholders will cause the certificates representing the Initial Shares to be made available for checking and packaging not later than 1:00 p.m. 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 Xxxxxx, Xxxx FBR Capital Markets & Xxxxxxxx LLPCo., 0000 Xxxxxxxxxxx Xxxxxx00xx Xxxxxx Xxxxx, X.X.Xxxxxxxxx, Xxxxxxxxxx, XX Xxxxxxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 2 contracts

Samples: Underwriting Agreement (Arlington Asset Investment Corp.), Underwriting Agreement (FBR Capital Markets Corp)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder and, to the extent the Initial Shares exist in definitive form, in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight hours’ prior notice to the Company Company, shall be delivered by or on behalf of the Company to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Representative by the Company Company, upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive 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 Xxxxxx, Xxxx & Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 2 contracts

Samples: Underwriting Agreement (Pacific DataVision, Inc.), Underwriting Agreement (Pacific DataVision, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours’ prior notice to the Company and the Initial Selling Stockholders shall be delivered by or on behalf of the Company and the Initial Selling Stockholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company and each of the Initial Selling Stockholders, upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive form, the 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 at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of Xxxxxx, Xxxx & Xxxxxxxx LLPthe Representatives, 0000 Xxxxxxxxxxx Xxxxxx00xx Xxxxxx Xxxxx, X.X.Xxxxxxxxx, Xxxxxxxxxx, XX Xxxxxxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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 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 respective “Date of Delivery.”

Appears in 2 contracts

Samples: Underwriting Agreement (Website Pros Inc), Underwriting Agreement (Website Pros Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, in such authorized denominations and registered in such names and amounts as the Representatives Representative may request upon at least forty-eight hours’ prior notice to the Company Company, shall be delivered by or on behalf of the Company to the Representative, including, at the option of the Representative, Representative through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Representative by the Company and each of the Selling Stockholders, upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive 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, 1000 Xxxxx 00xx Xxxxxx, Xxxx & Xxxxx 0000, Xxxxxxxxx, Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 2 contracts

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

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andthe Underwriters hereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives Underwriters may request upon at least forty-eight hours' prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriters, including, at the option of the RepresentativeUnderwriters, through the facilities of The Depository Trust Company ("DTC") for the account of such any Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Underwriters by the Company upon at least forty-eight hours' prior notice. To The Company will, upon the extent request of the Initial Shares exist in definitive formUnderwriters, 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 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 0000 Xxxxxx Xxxxxx, Xxxx & Xxxxxxxx LLPXxxxxxxxxxxx, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX Xxxxxxxxxxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of the such delivery of the Initial Shares and payment shall be 9:30 10:30 a.m., New York City time, on the third (fourthOctober 5, 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 2004 or on such other time and date shall be agreed to by as the Representatives Company and the Company)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

Samples: Rait Investment Trust

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive book-entry form, and in such authorized denominations and registered in such names and amounts 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 Representative, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price Purchase Price therefor by wire transfer of federal Federal (same-day) funds to the account accounts specified to the Representatives by the Company Company, upon at least forty-eight 48 hours’ prior notice. To the extent the Initial Shares exist are delivered in definitive formcertificated form and not in book-entry form through the facilities of DTC, 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. p.m., New York City time time, on the business day prior to the Closing Time (as defined below) with respect thereto at the office of Wxxxx Fargo Securities, LLC, 500 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx & Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares and payment shall be 9:30 a.m.[·] [a.m.]/[p.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 2021 (unless another time and date shall be agreed to by the Representatives and the Company) (the “Closing Date”). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Samples: Underwriting Agreement (NETSTREIT Corp.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight hourstwo business days’ prior notice to the Company and the Attorneys-in-Fact shall be delivered by or on behalf of the Company and the Selling Stockholders to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Representative by the Company and each of the Selling Stockholders, upon at least forty-eight hourstwo business days’ prior notice. To the extent the Initial Shares exist in definitive form, the 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 at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of XxxxxxFriedman, Xxxx Billings, Rxxxxx & Co., Inc., 1000 00xx Xxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). 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 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

Samples: Underwriting Agreement (Perficient Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight hours’ prior notice to the Company and the Firm Selling Stockholders shall be delivered by or on behalf of the Company and the Firm Selling Stockholders to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Representative by the Company and each of the Firm Selling Stockholders, upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive form, the 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 Xxxxxxthe Representative, Xxxx & 1000 00xx Xxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). 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

Samples: Underwriting Agreement (ARGON ST, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist 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 Initial Selling Stockholders shall be delivered by or on behalf of the Company and the Initial Selling Stockholders to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Representative by the Company and each of the Initial Selling Stockholders, upon at least forty-eight (48) hours’ prior notice. To the extent the Initial Shares exist in definitive form, the The Company will cause the certificates certificates, if any, 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 Xxxxxxthe Representative, Xxxx & 1000 00xx Xxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Samples: Underwriting Agreement (Horsehead Holding Corp)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours’ prior notice to the Company and the Selling Shareholders shall be delivered by or on behalf of the Company and the Selling Shareholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company and the Selling Shareholders, upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive form, the 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 XxxxxxLord, Xxxx Bissell & Xxxxxxxx Brook LLP, 0000 Xxxxxxxxxxx Xxxxxx000 Xxxxx Xxxxxx Xxxxx, X.X.Chicago, Xxxxxxxxxx, XX 00000-0000IL 60606, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Samples: Underwriting Agreement (CastlePoint Holdings, Ltd.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive 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 Xxxxxx, Xxxx Xxxxxx Xxxxxxx Xxxxx & Xxxxxxxx Scarborough LLP, 0000 Xxxxxxxxxxx Xxxxxx000 Xxxxxxxxxxxx Xxx XX, X.X.Xxxxx 000, Xxxxxxxxxx, XX X.X. 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The Office”).The time and date of the such delivery of the Initial Shares and payment shall be 9:30 a.m., New York City time, on the third second (fourththird, 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Samples: Underwriting Agreement (Telos Corp)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist 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 Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Representative by the Company Company, upon at least forty-eight (48) hours’ prior notice. To the extent the Representative requests that the Initial Shares exist be delivered in definitive formcertificated form and not in book entry through the facilities of DTC, 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 Bear, Xxxxxxx & Co., Inc. 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx & Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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) fourth business day after the date hereof (unless another time and date shall be agreed to by the Representatives Representative 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

Samples: Underwriting Agreement (RAIT Financial Trust)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours’ prior notice to the Company and the Initial Selling Stockholders shall be delivered by or on behalf of the Company and the Initial Selling Stockholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company and the Initial Selling Stockholders, upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive form, the 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. 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 XxxxxxFriedman, Xxxx Billings, Xxxxxx & Xxxxxxxx LLPCo., Inc., 0000 Xxxxxxxxxxx Xxxxxx00xx Xxxxxx Xxxxx, X.X.Xxxxxxxxx, Xxxxxxxxxx, XX Xxxxxxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Samples: Custody Agreement (Liquidity Services Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours' prior notice to the Company and the Initial Selling Stockholders shall be delivered by or on behalf of the Company and the Initial Selling Stockholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company and the Initial Selling Stockholders, upon at least forty-eight hours' prior notice. To the extent the Initial Shares exist in definitive form, the 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. 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 Xxxxxxthe Friedman, Xxxx Billings, Xxxxxx & Xxxxxxxx LLPCo., Inc., 0000 Xxxxxxxxxxx Xxxxxx00xx Xxxxxx Xxxxx, X.X.Xxxxxxxxx, Xxxxxxxxxx, XX Xxxxxxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the "Closing Time."

Appears in 1 contract

Samples: Liquidity Services Inc

AutoNDA by SimpleDocs

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist 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’ prior notice to the Company and the Selling Shareholders, shall be delivered by or on behalf of the Company and the Selling Shareholders to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Representative by the Company and the Attorneys, upon at least forty-eight 48 hours’ prior notice. To the extent the Initial Shares exist in definitive form, the The Company will cause the certificates representing the Initial Shares Shares, if any, 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 Capital Markets & Co., 0000 Xxxxx 00xx Xxxxxx, Xxxx & Xxxxx 0000, Xxxxxxxxx, Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Samples: Letter Agreement (Shimmick Construction Company, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names and amounts as the Representatives may request upon at least forty-eight hours’ prior notice to the Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company and each of the Selling Stockholders, upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive form, the 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 Xxxxxx, Xxxx FBR Capital Markets & Xxxxxxxx LLPCo., 0000 Xxxxxxxxxxx Xxxxxx00xx Xxxxxx Xxxxx, X.X.Xxxxxxxxx, Xxxxxxxxxx, XX Xxxxxxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Samples: Underwriting Agreement (MedEquities Realty Trust, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours’ prior notice to the Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company and each of the Selling Stockholders, upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive form, the 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 Xxxxxx, Xxxx & Xxxxxxxx LLPthe Representatives, 0000 Xxxxxxxxxxx Xxxxxx00xx Xxxxxx Xxxxx, X.X.Xxxxxxxxx, Xxxxxxxxxx, XX Xxxxxxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Samples: Underwriting Agreement (Website Pros Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive book-entry form, and in such authorized denominations and registered in such names and amounts as the Representatives may request upon at least forty-eight hours’ prior notice to the Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the Representative, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account accounts specified to the Representatives by the Company and each of the Selling Stockholders, upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist are delivered in definitive formcertificated form and not in book-entry form through the facilities of DTC, 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 Capital Markets & Co., 1000 Xxxxx 00xx Xxxxxx, Xxxx & Xxxxx 0000, Xxxxxxxxx, Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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 2017 (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

Samples: Underwriting Agreement (Clipper Realty Inc.)

Initial Shares. The Initial Shares to be purchased by each the Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives Underwriter may request upon at least forty-eight hours' prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriter, including, at the option of the RepresentativeUnderwriter, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Underwriter by the Company upon at least forty-eight hours' prior notice. To the extent the Initial Shares exist in definitive form, the 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 at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of Xxxxxx, Xxxx & Xxxxxxxx LLPthe Underwriter, 0000 Xxxxxxxxxxx Xxxxxx00xx Xx. Xxxxx, X.X.Xxxxxxxxx, Xxxxxxxxxx, XX 00000-0000, Xxxxxxxx 00000 or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of the such delivery of the Initial Shares and payment shall be 9:30 a.m., New York City time, on the third (fourthFebruary 20, 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)Underwriter 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

Samples: Anthracite Capital Inc

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight hours' prior notice to the Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriterthe Representative, against payment by or on behalf of such Underwriter the Representative of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Representative by the Company and each of the Selling Stockholders, upon at least forty-eight hours' prior notice. To Unless otherwise agreed with the extent the Initial Shares exist in definitive formRepresentative, 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 at least twenty-four hours prior to the Closing Time (as defined belowhereinafter defined) with respect thereto at the office of Xxxxxxthe Representative, Xxxx & Xxxxxxxx LLP1001 19th Street North, 0000 Xxxxxxxxxxx XxxxxxArlington, X.X., Xxxxxxxxxx, XX 00000-0000Virginia 22209, or at the office of DTC or its designated custodianXXX xx xxx xxxxxxxxxx xxxxxxxxx, as the case may xx xxx xxxx xxx be (the “Designated Office”"DESIGNATED OFFICE"). The time and date of the such delivery of the Initial Shares 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). The time and date at which such payment and delivery and payment of the Initial Shares are actually made is hereinafter called the “Closing Time"CLOSING TIME," and the date of delivery of the Option Shares, if any, is hereinafter called a "DATE OF DELIVERY."

Appears in 1 contract

Samples: Underwriting Agreement (Wca Waste Corp)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours' prior notice to the Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (the "DTC") for the account of such Underwriter, Underwriters against payment by or on behalf of such Underwriter Underwriters of the purchase price therefor by wire transfer of federal (same-day) funds to the account specified to the Representatives by the Company and each of the Selling Stockholders upon at least forty-eight hours' prior notice. To the extent the Initial Shares exist in definitive form, the 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 Xxxxxx, Xxxx & Xxxxxxxx LLPthe Representatives, 0000 Xxxxxxxxxxx Xxxxxx00xx Xxxxxx Xxxxx, X.X.Xxxxxxxxx, Xxxxxxxxxx, XX Xxxxxxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of the such delivery of the Initial Shares 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 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 Representatives, the Selling Stockholders and the Company). The time and date at which such delivery and payment are actually made is hereinafter called the "Closing Time." The closing shall take place at the offices of Lord, Bissell & Brook LLP, 000 Xxxxx Xxxxxx Xxxxx, Chicago, Illinois 60606, or such other place as the Company and the Representatives may agree.

Appears in 1 contract

Samples: Seabright Insurance Holdings Inc

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight hours’ prior notice to the Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Representative by the Company and each of the Selling Stockholders, upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive form, the 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. p.m., New York City time time, on the business day prior to the Closing Time (as defined below) with respect thereto at the office of Xxxxxxthe Representative, Xxxx & 1000 00xx Xxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, XX 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Samples: Underwriting Agreement (Asset Capital Corporation, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives Representative may request upon at least forty-eight hours’ prior notice to the Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives Representative by the Company and each of the Selling Stockholders, upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive form, the 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 Xxxxxx, Xxxx & Xxxxxxxx LLPthe Representative, 0000 Xxxxxxxxxxx Xxxxxx00xx Xxxxxx Xxxxx, X.X.Xxxxxxxxx, Xxxxxxxxxx, XX Xxxxxxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Samples: Underwriting Agreement (NMI Holdings, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representatives may request upon at least forty-eight hours’ prior notice to the Company shall be delivered by or on behalf of the Company to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company upon at least forty-eight hours’ prior notice. To the extent the Initial Shares exist in definitive 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 Xxxxxx, Xxxx Xxxxxx Xxxxxxx Xxxxx & Xxxxxxxx Xxxxxxxxxxx LLP, 0000 Xxxxxxxxxxx Xxxxxx000 Xxxxxxxxxxxx Xxx XX, X.X.Xxxxx 000, Xxxxxxxxxx, XX X.X. 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares and payment shall be 9:30 a.m., New York City time, on the third second (fourththird, if the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time, on the date hereof) business day after the date hereof (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

Samples: Underwriting Agreement (Rhodium Enterprises, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder andhereunder, to the extent the Initial Shares exist 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 Company, shall be delivered by or on behalf of the Company to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company (“DTC”) for the account of such Underwriter, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of federal Federal (same-day) funds to the account specified to the Representatives by the Company Company, upon at least forty-eight (48) hours’ prior notice. To the extent the Representatives request that the Initial Shares exist be delivered in definitive formcertificated form and not in book entry through the facilities of DTC, 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 XxxxxxFriedman, Xxxx Billings, Xxxxxx & Xxxxxxxx LLPCo., Inc., 0000 Xxxxxxxxxxx Xxxxxx00xx Xxxxxx Xxxxx, X.X.Xxxxxxxxx, Xxxxxxxxxx, XX Xxxxxxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the “Designated Office”). The time and date of the such delivery of the Initial Shares 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). The time and date at which such delivery and payment are actually made is hereinafter called the “Closing Time.”

Appears in 1 contract

Samples: Underwriting Agreement (RAIT Financial Trust)

Time is Money Join Law Insider Premium to draft better contracts faster.