Payment for the Shares. Payment for the Shares shall be made at the First Closing Date (and, if applicable, at the Second Closing Date) by wire transfer in immediately available-funds to the order of the Company. It is understood that the Representatives have been authorized, for their own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price for, the Firm Shares and any Option Shares the Underwriters have agreed to purchase. BancBoston Xxxxxxxxx Xxxxxxxx Inc., individually and not as a Representative of the Underwriters, may (but shall not be obligated to) make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the First Closing Date or the Second Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.
Payment for the Shares. Payment for the Shares to be sold by the Company shall be made at the First Closing Date (and, if applicable, at the Second Closing Date) by wire transfer of immediately available funds to the order of the Company. Payment for the Shares to be sold by the Selling Stockholders shall be made at the First Closing Date by wire transfer of immediately available funds to the order of the Custodian. It is understood that the Representatives have been authorized, for their own accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price for, the Firm Shares and any Option Shares the Underwriters have agreed to purchase. BancBoston Robexxxxx Xxxpxxxx Xxx., individually and not as one of the Representatives, may (but shall not be obligated to) make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the First Closing Date or the Second Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. Each Selling Stockholder hereby agrees that (i) it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Firm Shares to be sold by such Selling Stockholder to the several Underwriters or otherwise in connection with the performance of such Selling Stockholder's obligations hereunder and (ii) the Custodian is authorized to deduct for such payment any such amounts from the proceeds to such Selling Stockholder hereunder and to hold such amounts for the account of such Selling Stockholder with the Custodian under the Custody Agreement.
Payment for the Shares. Payment for the Shares shall be made at the First Closing Date (and, if applicable, at the Second Closing Date) by wire transfer of immediately available funds to the order of the Company. It is understood that the Representative has been authorized, for its own account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the purchase price for, the Firm Shares and any Option Shares the Underwriters have agreed to purchase. KCM, individually and not as Representative of the Underwriters, may (but shall not be obligated to) make payment for any Shares to be purchased by any Underwriter whose funds shall not have been received by the Representative by the First Closing Date or the Second Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.
Payment for the Shares. Payment for the Shares shall be made at the First Closing Date (and, if applicable, at the Second Closing Date) by wire transfer in immediately available-funds to the order of the Company.
Payment for the Shares. The Shares are being sold to the Investors at an aggregate initial public offering price per Share as set forth in Schedule C hereto. The purchase of Shares by each of the Investors shall be evidenced by the execution of a subscription agreement by each such Investor and the Company. In the event that the any of the Underwriters receives any payment from an Investor in connection with the purchase of any Shares by such Investor, such payment shall be promptly transmitted to and deposited into the escrow account (the “Escrow Account”) established by the Company in connection with this offering with Signature Bank, as escrow agent (the “Escrow Agent”). Among other things, the Underwriters shall forward any checks so received by the Underwriters to the Escrow Agent by noon of the next business day. The Underwriters and the Company shall instruct Investors to make wire transfer payments to Signature Bank, ABA No. 000000000, 200 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, for credit to Signature Bank, as Escrow Agent for Dragon Vxxxxxx Xxxxxxxxxxxxx Limited, Account No. [·]], with the name and address of the Investor making payment. Payment by the Investors out of the Escrow Account for the Shares to be sold by the Company shall be made at the Closing Date to the Company in straight compliance with Rule 15c2-4 of the Commission.
Payment for the Shares. Payment of the purchase price for the Shares shall be made by the Investors by wire transfer in immediately available funds to a bank account designated by the Fund, upon delivery of the Shares through the facilities of The Depository Trust Company, to the Investors, and shall be registered in such name or names and shall be in such denominations, as the Investors may request at least one business day before the Closing Time.
Payment for the Shares. This Warrant shall not entitle the Warrant Holder to any voting rights, registration rights, pre-emptive rights or rights as a stockholder of the Company. Any amendment to this Warrant shall be in writing executed by the Company and the Warrant Xxxxxx. In the event of any stock split, stock dividend, recapitalization or other reorganization by the Company, or issuance of any shares of Company stock to other persons (except as provided below), this Warrant shall apply with respect to the same number of shares of common stock of the Company into which the number of Shares covered by this Warrant would be converted or otherwise entitled if such shares were outstanding prior to such event, so that Warrant Holder shall be entitled to purchase the same percentage of the common stock of the Company as of the date hereof, and the exercise price per Share outstanding after such event shall be such that the aggregate purchase price for all of the shares then covered by this Warrant shall be the same as prior to such event. Notwithstanding the foregoing, the Company shall be permitted to (i) complete a transaction involving the exchange of up to 450,000 unrestricted shares of common stock for the same number of shares of restricted stock and for warrants for the same number of shares of restricted stock at a strike price of $1.25 per share, and (ii) any other sale by the Company of shares of common stock for a price of at least $3.00 per share (adjusted for dilution or splits) cash paid at conveyance (but not less than the reasonable value of such shares) in a bona fide arms' length sale. In the event the Company undertakes a registration of any shares in the Company, the Company shall include in such registration the Shares. This Warrant shall be governed by and construed in accordance with the laws of the State of California. Any controversy or claim arising under, out of or in connection with this Warrant, including without limitation claims arising under Federal and State securities laws and applicable common law, shall be settled by arbitration conducted in Los Angeles, California, in accordance with the commercial rules of the American Arbitration Association then in effect.
Payment for the Shares. Payment for the Firm Shares shall be made to the Company by the wire transfer of immediately available funds to the order of the Company against delivery of such Firm Shares for the account of the Underwriters at 10:30 a.m., New York time, on December 6, 2010, or at such other time on the same date as shall be agreed by the Company and the Representative. The time and date of such payment are hereinafter referred to as the “First
Payment for the Shares. Each purchaser of Offered Shares shall pay the price for its respective Offered Shares by making a payment of 25% thereof at closing and by paying the balance in three equal annual installments, together with interest on the unpaid balance from at a per annum rate equal to the prime rate last reported by Bank of America National Association prior to closing, plus 1%. The first installment of principal and interest shall be paid on the 15th day of the month following closing. Interest shall accrue on the unpaid balance commencing on the closing date. The unpaid balance may be prepaid in whole or in part at any time without penalty, and may be accelerated in the event of failure to pay any installment when due, in which case reasonable attorney's fees and costs may also be recovered if any legal action for collection is commenced. The other terms and conditions and procedures for transferring Offered Shares shall be determined in accordance with Section 5.01(d).
Payment for the Shares. Concurrently with the execution and delivery of this Agreement, the Purchaser is hereby delivering or designating authority to Xxxx X. Xxxxx, General Counsel of the Company, as escrow agent (the "Escrow Agent"), over a wire transfer or a Company check, in an amount equal to the purchase price for all of the Shares being purchased and sold, as listed on Schedule A attached hereto, as payment in full of the purchase price for all of the Shares. Escrow Agent shall release the funds to the Seller upon Escrow Agent's receipt of all the documents listed in Section 3.
