Purchase Sale and Delivery of the Units Sample Clauses

Purchase Sale and Delivery of the Units. On the basis of the representations, warranties, covenants, and agreements of the Company herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters, severally and not jointly, and the Underwriters, severally and not jointly, agree to purchase from the Company the number of Units set forth opposite the Underwriters’ names in Schedule 1 hereto. The purchase price per Unit to be paid by the Underwriters shall be $ . The initial public offering price of the Units shall be $ . Payment for the Units by the Underwriters shall be made by certified or official bank check in clearing house funds, payable to the order of the Company at the offices of the Representatives, or at such other place in Denver, Colorado as the Representatives shall determine and advise the Company by at least two full daysnotice in writing, upon delivery of the Units to the Representatives. Such delivery and payment shall be made at 10:00 a.m., Mountain Time, on the fourth business day following the time of the initial public offering, as defined in Section 10(a). The time and date of such delivery and payment are herein called the “Closing Date.” In addition, the Company hereby grants to the Representatives the option to purchase all or a portion of the Additional Securities as may be necessary to cover over-allotments, at the same purchase price per Additional Security as the price per Unit provided for in this Section 3. This option may be exercised by the Representatives on the basis of the representations, warranties, covenants, and agreements of the Company herein contained, but subject to the terms and conditions herein set forth, at any time and from time to time on or before the 60th day following the Effective Date of the Registration Statement, by written notice by the Representatives to the Company. Such notice shall set forth the aggregate number of Additional Securities as to which the option is being exercised, and the time and date, as determined by the Representatives, when such Additional Securities are to be delivered (such time and date are herein called an “Additional Closing Date”); provided, however, that no Additional Closing Date shall be earlier than the Closing Date nor earlier than the third business day after the date on which the notice of the exercise of the option shall have been given nor later than the eighth business day after the date on which such notice shall have been given; and further...
Purchase Sale and Delivery of the Units. On the basis of the ---------------------------------------- representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Issuers agree to issue and sell to the Initial Purchasers, and each Initial Purchaser, acting severally and not jointly, agrees to purchase from the Issuers, the Units, in the respective amounts set forth on Schedule 1 ---------- hereto, at a purchase price of $955 per Unit. One or more certificates in definitive form for the Units, the Shares and the Warrants that the Initial Purchasers have agreed to purchase hereunder, and in such denomination or denominations and registered in such name or names as the Initial Purchasers request upon notice to the Issuers at least 48 hours prior to the Closing Date shall be delivered by or on behalf of the Company, against payment by or on behalf of the Initial Purchasers, of the purchase price therefor by wire transfer of immediately available funds to the account of the Company previously designated by it in writing. Such delivery of and payment for the Units shall be made at the offices of Cahill Gordon & Reindel, 80 Pine Street, New York, New York 10005, at 9:00 a.m., New York time, on May 26, 2000, or at such date as the Initial Purchasers and the Issuers may agree upon, such time and date of delivery against payment being herein referred to as the "Closing Date." The Issuers will make such certificate or certificates for the Shares, Warrants and Units available for checking and packaging by the Initial Purchasers at the offices in New York, New York of CIBC World Markets Corp. at least 24 hours prior to the Closing Date.
Purchase Sale and Delivery of the Units. . . . . . . . . . . . . . . . . . . . . . . . . 14 (a) The Firm Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 (b) The First Closing Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 (c) The Optional Units; the Second Closing Date . . . . . . . . . . . . . . . . . . . . . . . 15 (d) Public Offering of the Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 (e) Payment for the Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 (f) Delivery of the Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 (g) Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 (h) Delivery of Prospectus to the Underwriters . . . . . . . . . . . . . . . . . . . . . . . . 16
Purchase Sale and Delivery of the Units. On the basis of the representations and warranties contained herein, and subject to the terms and conditions set forth herein, the parties agree that:
Purchase Sale and Delivery of the Units. On the basis of the representations, warranties, covenants, and agreements of the Company herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters, severally and not jointly, and the Underwriters, severally and not jointly, agree to purchase from the Company the number of Units set forth opposite the Underwriters' names in Schedule 1 hereto.
Purchase Sale and Delivery of the Units. Prior to the Closing Date (defined below), unless otherwise agreed by the Company and the Placement Agent, each Purchaser will cause a dollar amount equal to the price per Unit as shown on the cover page of the Prospectus multiplied by the number of Units purchased by such Purchaser pursuant to the Subscription Agreement executed by such Purchaser to be paid to the Company by Federal Funds wire transfer to an account designated by the Company (the aggregate amount for all Purchasers being referred to herein as the “Requisite Funds”). At 10:00 A.M., New York time, on August 25, 2009, or at such other time on such other date as may be agreed upon by the Company and the Placement Agent but in no event prior to the date on which the Company shall have received all of the Requisite Funds (such date is hereinafter referred to as the “Closing Date”), the Company shall deliver the Stock (which delivery may be made through the facilities of the Depository Trust Company) and the Warrants (which delivery may be made in physical form) to the Purchasers. The time of closing and delivery of the documents required to be delivered to the Placement Agent pursuant to Sections 5 and 7 hereunder shall be at 10:00 A.M., New York time, on the Closing Date at the office of Cooley Godward Kronish LLP, 3175 Hanover Street, Palo Alto, CA 94304. Certificates evidencing the Stock and the Warrants shall be in definitive form and shall be registered in such names and in such denominations as the Purchasers shall request.
Purchase Sale and Delivery of the Units