Common use of Payment of Purchase Price; Deliveries Clause in Contracts

Payment of Purchase Price; Deliveries. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price to the Company for the Common Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions (less, in the case of Cranshire (as defined below), the amounts withheld pursuant to Section 4(g)) and (ii) the Company shall (A) cause Interwest Transfer Company, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit such aggregate number of Common Shares that such Buyer is purchasing as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and (B) the Company shall deliver to such Buyer (1) (I) Series A Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (II) Series B Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers and (III) Series C Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series C Warrant Shares as is set forth opposite such Buyer’s name in column (6) on the Schedule of Buyers, in all cases, duly executed on behalf of the Company and registered in the name of such Buyer or its designee and (2) the other documents, instruments and certificates set forth in Section 6 duly executed on behalf of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Nova Lifestyle, Inc.)

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Payment of Purchase Price; Deliveries. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price (less, in the case of the amounts withheld pursuant to Section 4(j)) to the Company for the Common Purchased Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions (less, in the case of Cranshire (as defined below), the amounts withheld pursuant to Section 4(g)) and (ii) the Company shall (A) deposit the Purchased Shares and the Ordinary Shares with respect to the ADR Reserve with the Custodian (as defined below) for the Depositary, (B) deliver or cause Interwest Transfer Companyto be delivered to each Buyer, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit such aggregate number of Common Shares that such Buyer is purchasing Purchased Share ADRs as is set forth opposite such Buyer’s name in column (3) on of the Schedule of Buyers to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and Buyers, (BC) the Company shall deliver to such each Buyer (1) (I) a Series A Warrants pursuant to which such Buyer shall have the right A-1 Warrant to initially acquire up to the aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (II) a Series A-2 Warrant to initially acquire up to the aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers, (III) a Series A-3 Warrant to initially acquire up to the aggregate number of Warrant Shares as is set forth opposite such Buyer’s name in column (6) on the Schedule of Buyers, and (IV) a Series B Warrants pursuant to which such Buyer shall have the right Warrant to initially acquire up to the aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers and (III) Series C Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series C Warrant Shares as is set forth opposite such Buyer’s name in column (67) on the Schedule of Buyers, in all caseseach case, duly executed on behalf of the Company and registered in the name of such Buyer or its designee designee, (D) establish the ADR Reserve with the Depositary in accordance with Section 5(d) below and the Irrevocable Depositary Instructions, (2E) deliver to each such Buyer the other documents, instruments and certificates set forth in Section 6 6(a) duly executed on behalf of the CompanyCompany and (F) deliver or cause to be delivered to the Placement Agent (as defined below) the opinions and letters set forth in Section 6(b).

Appears in 1 contract

Samples: Securities Purchase Agreement (JA Solar Holdings Co., Ltd.)

Payment of Purchase Price; Deliveries. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price to the Company for the Common Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions (less, in the case of Cranshire (as defined below), the amounts withheld pursuant to Section 4(g)) and (ii) the Company shall deliver to each Buyer (A) cause Interwest Transfer Companyone or more stock certificates, Inc. free and clear of all restrictive and other legends (together with any subsequent transfer agentexcept as expressly provided in Section 5(c) hereof), evidencing the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit such aggregate number of Common Shares that such Buyer is purchasing as is set forth opposite such Buyer’s name in column (3) on the Schedule of Buyers to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and Buyers, (B) the Company shall deliver to such Buyer (1) (I) Series A Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (IIC) Series B Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers and (IIID) Series C Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series C Warrant Shares as is set forth opposite such Buyer’s name in column (6) on the Schedule of Buyers, in all cases, duly executed on behalf of the Company and registered in the name of such Buyer or its designee and (2) the other documents, instruments and certificates set forth in Section 6 duly executed on behalf of the Companydesignee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Arch Therapeutics, Inc.)

Payment of Purchase Price; Deliveries. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price to the Company for the Common Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions (less, in the case of Cranshire (as defined below)the lead Buyer, the amounts withheld pursuant to Section 4(g)) and (ii) the Company shall (A) cause Interwest Transfer CompanyCorporate Stock Transfer, Inc. (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit such aggregate number of Common Shares that such Buyer is purchasing as is set forth opposite such Buyer’s name in column (3) on of the Schedule of Buyers to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and system, (B) the Company shall deliver to such each Buyer (1x) (I) a Series A Warrants Warrant pursuant to which such Buyer shall have the right to initially acquire up to the that aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on of the Schedule of Buyers, (IIy) a Series B Warrants Warrant pursuant to which such Buyer shall have the right to initially acquire up to the that aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on of the Schedule of Buyers Buyers, and (IIIz) a Series C Warrants Warrant pursuant to which such Buyer shall have the right to initially acquire up to the that aggregate number of Series C Warrant Shares as is set forth opposite such Buyer’s name in column (6) on of the Schedule of BuyersBuyer, in all caseseach case, duly executed on behalf of the Company and registered in the name of such Buyer or its designee and (2C) deliver to each such Buyer the other documents, instruments and certificates set forth in Section 6 6(a)(ii) duly executed on behalf of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kandi Technologies Group, Inc.)

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Payment of Purchase Price; Deliveries. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price to the Company for the Common Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions (less, in the case of Cranshire (as defined below), the amounts withheld pursuant to Section 4(g)) and (ii) the Company shall (A) cause Interwest Transfer CompanyStockTrans, Inc. a Broadridge Company (together with any subsequent transfer agent, the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit such aggregate number of Common Shares that such Buyer is purchasing as is set forth opposite such Buyer’s name in column (3) on of the Schedule of Buyers to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system and system, (B) the Company shall deliver to such each Buyer (1) (Ii) Series A Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s name in column (4) on the Schedule of Buyers, (IIii) Series B Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers and (IIIiii) Series C Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series C Warrant Shares as is set forth opposite such Buyer’s name in column (6) on the Schedule of Buyers, in all caseseach case, duly executed on behalf of the Company and registered in the name of such Buyer or its designee and (2C) deliver to each such Buyer the other documents, instruments and certificates set forth in Section 6 duly executed on behalf of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Provectus Pharmaceuticals Inc)

Payment of Purchase Price; Deliveries. On the Closing Date, (i) each Buyer shall pay its respective Purchase Price to the Company for the Common Shares and the Warrants to be issued and sold to such Buyer at the Closing, by wire transfer of immediately available funds in accordance with the Company’s 's written wire instructions (less, in the case of Cranshire (as defined below), the amounts withheld pursuant to Section 4(g)) and (ii) the Company shall deliver to each Buyer (A) cause Interwest Transfer Companyone or more stock certificates, Inc. free and clear of all restrictive and other legends (together with any subsequent transfer agentexcept as expressly provided in Section 5(c) hereof), evidencing the “Transfer Agent”) through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, to credit such aggregate number of Common Shares that such Buyer is purchasing as is set forth opposite such Buyer’s 's name in column (3) on of the Schedule of Buyers to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian system Buyers, and (B) the Company shall deliver to such Buyer (1) (Ii) Series A Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series A Warrant Shares as is set forth opposite such Buyer’s 's name in column (4) on the Schedule of Buyers, (IIii) Series B Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series B Warrant Shares as is set forth opposite such Buyer’s 's name in column (5) on the Schedule of Buyers and (IIIiii) Series C Warrants pursuant to which such Buyer shall have the right to initially acquire up to the aggregate number of Series C Warrant Shares as is set forth opposite such Buyer’s 's name in column (6) on the Schedule of Buyers, in all cases, duly executed on behalf of the Company and registered in the name of such Buyer or its designee and (2) the other documents, instruments and certificates set forth in Section 6 duly executed on behalf of the Companydesignee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Imaging3 Inc)

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