Documents Delivered Each copy or original of any agreement, contract or other instrument which is identified in any exhibit delivered by Seller or their counsel to Buyer (or its counsel or representatives), whether before or after the execution hereof, is in fact what it is purported to be by the Seller and has not been amended, canceled or otherwise modified.
Closing Deliveries (a) At the Closing, the Company shall deliver or cause to be delivered to each Purchaser the following:
Closing Date Deliveries On the Closing Date, the Company shall have delivered to the Representative executed copies of the Representative’s Purchase Option.
Items to be Delivered at Closing At the Closing and subject to the terms and conditions herein contained:
Post-Closing Deliveries (a) The Borrower hereby agrees to deliver, or cause to be delivered, to the Administrative Agent, in form and substance reasonably satisfactory to the Administrative Agent, the items described on Schedule 5.15 hereof on or before the dates specified with respect to such items, or such later dates as may be agreed to by, or as may be waived by, the Administrative Agent in its sole discretion.
Documents to be Delivered by Seller At the Closing, Seller shall deliver to Buyer the following:
Items to be Furnished Borrower shall cause the following to be furnished to Administrative Agent for delivery to Lenders:
Closing; Delivery (a) The initial purchase and sale of the Shares shall take place remotely via the exchange of documents and signatures, at such time and place as the Company and the Purchasers mutually agree upon, orally or in writing (which time and place are designated as the “Initial Closing”). In the event there is more than one closing, the term “Closing” shall apply to each such closing unless otherwise specified.
Other Deliveries At or prior to Closing, Parent shall have delivered to the Company (i) copies of resolutions and actions taken by Parent’s board of directors and stockholders in connection with the approval of this Agreement and the transactions contemplated hereunder, and (ii) such other documents or certificates as shall reasonably be required by the Company and its counsel in order to consummate the transactions contemplated hereunder.
Closing Date Delivery The closing of the purchase and the sale of the Shares shall be held at the offices of the Company, 400 Oyster Bay Blvd., Suite 201, South San Francisco 94080, on September 25, 2004 or at such other time and place as the parties may agree upon. At the closing, subject to the terms of this agreement, the Purchaser shall deliver the purchase price in immediately available funds by transfer to the account of the Company. Within thirty (30) days following the Closing, the Company shall deliver to the Purchaser, pursuant to Purchaser's delivery instructions, certificates representing the Shares to be purchased by the Purchaser from the Company.