Payment and Delivery Instructions Clause Samples

Payment and Delivery Instructions. Client stipulates and acknowledges that in some securities markets, securities deliveries and payments may not be, or are not customarily, made simultaneously. Accordingly, Client agrees that, notwithstanding the giving of Authorized Instructions to deliver Securities against payment or to pay for

Payment and Delivery Instructions. Payment of the Purchase Price calculated pursuant to Item 2 above shall be made by wire transfer ONLY of immediately available funds. IF YOU HOLD YOUR PREPETITION NOTES THROUGH A NOMINEE, PLEASE NOTE THAT, UNLESS OTHERWISE DIRECTED BY YOUR NOMINEE, THE BENEFICIAL HOLDER SUBSCRIPTION FORM (WITH ACCOMPANYING IRS FORM W-9 OR APPROPRIATE IRS FORM W-8, AS APPLICABLE) MUST BE RECEIVED BY YOUR NOMINEE IN SUFFICIENT TIME TO ALLOW SUCH NOMINEE TO PROCESS AND DELIVER YOUR UNDERLYING PREPETITION NOTES THROUGH ATOP TO THE SUBSCRIPTION AGENT BY THE SUBSCRIPTION EXPIRATION DEADLINE OR THE SUBSCRIPTION REPRESENTED BY YOUR BENEFICIAL HOLDER SUBSCRIPTION FORM WILL NOT BE RECOGNIZED, AND THE ASSOCIATED SUBSCRIPTION RIGHTS WILL BE DEEMED FOREVER RELINQUISHED AND WAIVED. Nominees (or Noteholders that are instructed by their Nominees to return the Beneficial Holder Subscription Form directly to the Subscription Agent) must return the Beneficial Holder Subscription Form and the appropriate IRS tax form by no later than the Subscription Expiration Deadline to the following: Only choose one method of return. If you choose to return the applicable documents via email, do not follow up with hard copies. For Noteholders other than Backstop Parties, payment of the Purchase Price calculated in Item 2 above shall be made by wire transfer ONLY in accordance with the following instructions: U.S. Wire Instructions: Bank Account No.: ABA/Routing No.: Bank Name: Bank Address: Reference: [Insert Form Number in memo field]1 International Wire Instructions: Correspondent/Intermediary Bank Name Correspondent/Intermediary Bank Address Beneficiary Account Number Beneficiary Name Beneficiary Address Memo, Special Instructions, Originator to Beneficiary Information, Bank to Bank Information [Insert Form Number in memo field] Please note that the failure to include the claimant name or form number in the reference field of any domestic or international wire payment may result in the rejection of the corresponding rights offering submission. In addition, please also note that payments cannot be aggregated, and one wire should be sent per Beneficial Holder Subscription Form submission. 1 Upon submission of your Beneficial Holder Subscription Form, the Subscription Agent will provide you with a form number that must be included in the wire reference section.

Payment and Delivery Instructions. 3 1.5 Tax Treatment of Transaction........................................ 3

Payment and Delivery Instructions. Please check one of the options listed below and provide any information corresponding to your selection.

Payment and Delivery Instructions. Schnall, for himself and the Schnall Trust, and Fierro, for himself ▇▇▇ ▇▇▇ Fierro Trust, shall e▇▇▇ ▇▇▇vide written ▇▇▇▇▇uctions to the Acquire▇ ▇▇ ▇east 48 hours prior to the Closing setting out delivery instructions for the delivery of the shares of Common Stock issuable pursuant to Section 1.2(a), Section 1.2(b), Section 1.2(c) and Section 1.2(d), respectively.

Payment and Delivery Instructions. In some securities markets, securities deliveries and payments therefor may not be, or are not customarily, made simultaneously. Accordingly, notwithstanding the Client’s Instruction to deliver Securities against payment or to pay for Securities against delivery, the Bank will process Securities deliveries and receipts on a delivery-versus-payment or receipt-versus-payment basis as appropriate to the extent that it is the established market practice to do so. In some Local Jurisdictions, it may be that, in accordance with the market practice, Securities deliveries are made free of payment and not against Cash payment. Accordingly, notwithstanding anything to the contrary in this Agreement, the Client will bear the risk that the recipient of Securities may fail to make payment or return such Securities or the proceeds of their sale to the Client, and that the recipient of payment for Securities may fail to deliver the Securities (such failure to include without limitation delivery of forged or stolen Securities) or to return such payment, in each case whether such failure is total or partial or merely a failure to perform on a timely basis. The Bank will not be liable to the Client for any Losses it suffers as a result of any of the foregoing events. Notwithstanding the Client’s Instruction to deliver securities against payment or to pay for Securities against delivery, the Bank may make or accept payment for, or delivery of, Securities at such time and in such form and manner as is in accordance with New York law and the customs of New York Securities market

Payment and Delivery Instructions. In some securities markets, securities deliveries and payments therefor may not be or are not customarily made simultaneously. Accordingly, the Trust agrees that, notwithstanding the Trust's instruction to deliver Securities against payment or to pay for Securities against delivery under Section 6, the Custodian or a Securities Depository may make or accept payment of or delivery of Securities in such form and manner as may be satisfactory to it and at such time and in such manner as shall be in accordance with the customs prevailing in the relevant securities market or among securities dealers. The Trust shall bear the risk that (i) the recipient of Securities may fail to make payment, return such Securities or hold such Securities or the proceeds of their sale in trust for the Trust, and (ii) that the recipient of payment for Securities may fail to deliver the Securities (such failure to include, without limitation, delivery of forged or stolen Securities) or to return such payment, in each case whether such failure is total or partial or merely a failure to perform on a timely basis. The Custodian shall not be liable to the Trust for any loss resulting from any of the foregoing events.

Payment and Delivery Instructions. Client stipulates and acknowledges that in some securities markets, securities deliveries and payments may not be, or are not customarily, made simultaneously. Accordingly, Client agrees that, notwithstanding the giving of Authorized Instructions to deliver Securities against payment or to pay for Securities against delivery, Custodian may make or accept payment for, or may deliver, Securities in such form, at such time and in such manner as shall be in accordance with the customs prevailing in the relevant market or among professional custodians engaged in the banking or trust company industry and having professional expertise in financial and securities processing transactions and custody services.

Payment and Delivery Instructions. If Assignor receives any proceeds of the Transferred Rights, Assignor shall accept and hold the same on behalf of and for the sole benefit of Assignee, and except to the extent prohibited under any applicable law, rule, or order Assignor shall (a) promptly after Assignor's receipt thereof pay or deliver the same to Assignee (free of any withholding, set-off or deduction of any kind) in the same form received, with the endorsement of Assignor, without recourse, when necessary or appropriate, or (b) if instructed by Assignee, deliver securities included in such proceeds to the applicable transfer agent therefor. Assignor shall have no legal, equitable or beneficial interest in the Proceeds.