Common use of The First Closing Date Clause in Contracts

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—], or such other time and date not later than 1:30 p.m. New York City time, on [—] as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 2 contracts

Samples: Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC)

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The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]March 10, 2010, or such other time and date not later than 1:30 p.m. New York City time, on [—] March 24, 2010 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 2 contracts

Samples: Underwriting Agreement (Green Plains Renewable Energy, Inc.), Underwriting Agreement (Green Plains Renewable Energy, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Stifel, Xxx Xxxxxxxxxx Xxxxxx, Suite 3700, San Francisco, CA 94104 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—[ ], or such other time and date not later than 1:30 p.m. New York City time, on [—[ ] as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 2 contracts

Samples: Underwriting Agreement (Horizon Pharma, Inc.), Underwriting Agreement (Horizon Pharma, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [·], 2016, or such other time and date not later than 1:30 p.m. New York City time, on [—] ·], 2016 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 2 contracts

Samples: Underwriting Agreement (Gemphire Therapeutics Inc.), Underwriting Agreement (Gemphire Therapeutics Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, the book-entry positions for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Xxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 [9:00] a.m. New York City time, on [], 2019, or such other time and date not later than 1:30 p.m. New York City time, on [the date that is 10 business days following the initial contemplated closing] as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Liquidia Technologies Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]February 1, or 2010,or such other time and date not later than 1:30 p.m. New York City time, on [—] February 4, 2010 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Fushi Copperweld, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Cxxxxx LLP, 50 Xxxxxx Xxxxx, New York, New York 10001 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]May 5, 2023, or such other time and date not later than 1:30 p.m. New York City time, on [—] May 19, 2023 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Morphic Holding, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxx LLP, 0000 Xxxxxxx LLP Xxxxxx, Xxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 2018, or such other time and date not later than 1:30 p.m. New York City time, on [—] •], 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (ARMO BioSciences, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, 000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]February 14, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [—] February 14, 2017 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Sierra Oncology, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—], 2012, or such other time and date not later than 1:30 p.m. New York City time, on [—] ], 2012 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Proto Labs Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, book-entry positions for the Firm Shares Securities to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, New York, NY (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 3:00 a.m. New York City time, on [—]November 6, 2023, or such other time and date not later than 1:30 p.m. 10:00 a.m. New York City timetime on the tenth business day thereafter, on [—] as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Nanobiotix S.A.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, 000 Xxxxxxxx Xxxxxx, Xxxxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [·], 2018, or such other time and date not later than 1:30 p.m. New York City time, on [—] ·], 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Scholar Rock Holding Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxx LLP, 0000 Xxxxxxx LLP Xxxxxx, Xxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]November 25, 2013, or such other time and date not later than 1:30 p.m. New York City time, on [—] December 10, 2013 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ap Pharma Inc /De/)

The First Closing Date. Delivery Payment of certificates or electronic book entries, as applicable, the purchase price for the Firm Shares shall be made to be subscribed the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for by the Underwriters respective accounts of the Underwriters. Such payment and payment therefor delivery shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. 10:00 a.m., New York City time, on [—]September 29, 2014 or such other time and date not later than 1:30 p.m. New York City time, on [—] September 29, 2014 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (GLADSTONE LAND Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]November 10, 2023 or such other time and date not later than 1:30 p.m. New York City time, on [—] November 10, 2023 or as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Celldex Therapeutics, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP LLP, 000 0xx Xxxxxx, Xxx Xxxx, Xxx Xxxx, 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [·], or such other time and date not later than 1:30 p.m. New York City time, on [·] as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (TELA Bio, Inc.)

The First Closing Date. Delivery Payment of certificates or electronic book entries, as applicable, the purchase price for the Firm Shares shall be made to be subscribed the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for by the Underwriters respective accounts of the Underwriters. Such payment and payment therefor delivery shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. 10:00 a.m., New York City time, on [—]July 25, 2017 or such other time and date not later than 1:30 p.m. New York City time, on [—] July 25, 2017 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Gladstone Commercial Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx Xxxxxxxxx & Xxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [•], [2019], or such other time and date not later than 1:30 p.m. New York City time, on [•], [2019] as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Tcr2 Therapeutics Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Skadden, Arps, Slate, Xxxxxxx & Xxxxxxx Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 2018, or such other time and date not later than 1:30 p.m. New York City time, on [—] ●], 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Evolus, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Common Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Shearman & Sterling LLP, located at 000 Xxxxxxxxx & Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. a.m., New York City time, on [—], 2004, or such other time and date not later than 1:30 p.m. 9:00 a.m., New York City time, on [—] , 2004, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Gander Mountain Co)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx Xxxxxxxxx & Xxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]March 5, 2024 or such other time and date not later than 1:30 p.m. New York City time, on [—] March 5, 2024 or as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Celldex Therapeutics, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, entry positions for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxx LLP, 0000, Xxxxxxx LLP Xx, Xxxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [—]March 2, 2018, or such other time and date not later than 1:30 p.m. New York City timetime on March 12, on [—] 2018, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Endocyte Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Cxxxxx LLP, 50 Xxxxxx Xxxxx, New York, NY 10001 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 2023, or such other time and date not later than 1:30 p.m. New York City time, on [—] ●], 2023 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Apogee Therapeutics, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]July 24, 2015, or such other time and date not later than 1:30 p.m. New York City time, on [—] August 7, 2015 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Cytrx Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx Xxxxxxxxx & Xxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 2021, or such other time and date not later than 1:30 p.m. New York City time, on [—] ●], 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ikena Oncology, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx Xxxxxxxxx & Xxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on []1, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [—] ●]2, 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Oncorus, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, 000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]March 6, 2018, or such other time and date not later than 1:30 p.m. New York City time, on [—] March 6, 2018 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Sierra Oncology, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. (New York City time), on [—]May 14, 2020, or such other time and date not later than 1:30 p.m. (New York City time), on [—] May 28, 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Protagonist Therapeutics, Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares and the Pre-Funded Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [—]February 4, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [—] February 18, 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Kezar Life Sciences, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, the book-entry positions for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]January 28, 2019, or such other time and date not later than 1:30 p.m. New York City time, on [—] February 11, 2019 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (UroGen Pharma Ltd.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Cxxxxx LLP, 50 Xxxxxx Xxxxx, New York, New York 10001 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]February 3, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [—] February 18, 2020 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Albireo Pharma, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters Underwriter and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP LLP, 00000 Xxxx Xxxxx Xxxxxx, Xxx Xxxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeUnderwriter) at 9:00 a.m. New York City time, on [—]December 7, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [—] December 21, 2017 as the Representative Underwriter shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Underwriter may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Underwriter to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]May 20, 2013, or such other time and date not later than 1:30 p.m. New York City time, on [—] May 20, 2013 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Cxxxxxxxx & Xxxxxxx LLP Bxxxxxx LLP, 600 Xxxxxx Xxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]January 29, 2019, or such other time and date not later than 1:30 p.m. New York City time, on [—] February 8, 2019 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Corbus Pharmaceuticals Holdings, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies LLC, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 11:00 a.m. New York City time, on [—]March 23, 2018, or such other time and date not later than 1:30 p.m. New York City time, on [—] April 6, 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Glycomimetics Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—[ ], 2006 or such other time and date not later than 1:30 p.m. New York City time, on [—] [ ], 2006 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Sanders Morris Harris Group Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, 00 Xxxxxx Xxxxx, New York, NY 10001 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 2024, or such other time and date not later than 1:30 p.m. New York City time, on [—] ●], 2024 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11‎Section 12.

Appears in 1 contract

Samples: Underwriting Agreement (Apogee Therapeutics, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Cxxxxxxxx & Xxxxxxx LLP Bxxxxxx LLP, 600 Xxxxxx Xxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]October 19, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [—] November 2, 2017 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Abeona Therapeutics Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Cxxxxxxxx & Xxxxxxx LLP Bxxxxxx LLP, 600 Xxxxxx Xxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]November 1, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [—] November 15, 2016 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Abeona Therapeutics Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Common Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxx, 000 Xxxxx Xxxxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—[ ], 2004, or such other time and date not later than 1:30 p.m. New York City time, on [—] [ ], 2004 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Displaytech Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Lxxxxx & Xxxxxxx LLP Wxxxxxx LLP, 800 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]June 22, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [—] June 22, 2016 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (BioScrip, Inc.)

The First Closing Date. Delivery Payment of certificates or electronic book entries, as applicable, the purchase price for the Firm Shares shall be made to be subscribed the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for by the Underwriters respective accounts of the Underwriters. Such payment and payment therefor delivery shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. 10:00 a.m., New York City time, on [—]June 24, 2013 or such other time and date not later than 1:30 p.m. New York City time, on [—] July 9, 2013 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Gladstone Commercial Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]January 29, 2018 or such other time and date not later than 1:30 p.m. New York City time, on [—] February 12, 2018 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares Initial Securities to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx Xxxxxxxxx & Xxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]June 30, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [—] July 15, 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Xeris Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]May 11, 2010, or such other time and date not later than 1:30 p.m. New York City time, on [—] May 24, 2010, as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Avanir Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx Xxxxxxxxx & Xxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. [•] [a][p].m. New York City time, on [], 2021, or such other time and date not later than 1:30 p.m. [•] [a][p].m. New York City time, on [—] •], 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Oncorus, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]February 16, 2018, or such other time and date not later than 1:30 p.m. New York City timetime on March 5, on [—] 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Pieris Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Cxxxxxxxx & Xxxxxxx LLP Bxxxxxx LLP, 600 Xxxxxx Xxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]February 11, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [—] February 26, 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Corbus Pharmaceuticals Holdings, Inc.)

The First Closing Date. Delivery Payment of certificates or electronic book entries, as applicable, the purchase price for the Firm Shares shall be made to be subscribed the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for by the Underwriters respective accounts of the Underwriters. Such payment and payment therefor delivery shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. 10:00 a.m., New York City time, on [—]August 17, 2016 or such other time and date not later than 1:30 p.m. New York City time, on [—] August 17 2016 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (GLADSTONE LAND Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx Xxxxxxxxx & Xxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 2021, or such other time and date not later than 1:30 p.m. New York City time, on [—] •], 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Rallybio Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Common Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxx Xxxx & Xxxxxxxx, 000 Xxxxxxxxx & Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]March 10, 2004, or such other time and date not later than 1:30 p.m. New York City time, on [—] March 24, 2004 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Aeroflex Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares and certificates of the Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx X.X. Xxxxxxxxxx & Xxxxxxx LLP Co., LLC, 000 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]January 25, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [—] as the Representative shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1111 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Pluristem Therapeutics Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxx Day, 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]April 25, 2007 or such other time and date not later than 1:30 p.m. New York City time, on [—] May 9, 2007 as the Representative shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1111 of this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Hardinge Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP LLP, 000 0xx Xxxxxx, Xxx Xxxx, Xxx Xxxx, 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—[ ], 2020 or such other time and date not later than 1:30 p.m. New York City time, on [—] [ ], 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Keros Therapeutics, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares Initial Securities to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Lxxxxx & Xxxxxxx LLP Wxxxxxx LLP, 300 Xxxxx Xxxxx Xxxxxx, Xxx Xxxxxxx, XX 00000-0000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]March 24, 2014, or such other time and date not later than 1:30 p.m. New York City time, on [—] March 25, 2014 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Vector Group LTD)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP LLP, 000 Xxxxxx Xxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]June 15, 2015, or such other time and date not later than 1:30 p.m. New York City time, on [—] June 29, 2015 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, 00 Xxxxxx Xxxxx, New York, New York, 10001 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]January 22, 2021, or such other time and date not later than 1:30 p.m. New York City time, on [—] February 5, 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Tcr2 Therapeutics Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]May 10, 2011 or such other time and date not later than 1:30 p.m. New York City time, on [—] May 24, 2011 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Quaker Chemical Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Lxxxxx & Xxxxxxx LLP Wxxxxxx LLP, 10000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]December 22, 2014, or such other time and date not later than 1:30 p.m. New York City time, on [—] January 7, 2015 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Lion Biotechnologies, Inc.)

The First Closing Date. Delivery Payment of certificates or electronic book entries, as applicable, the purchase price for the Firm Shares shall be made to be subscribed the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for by the Underwriters respective accounts of the Underwriters. Such payment and payment therefor delivery shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. 10:00 a.m., New York City time, on [—]November 25, 2013 or such other time and date not later than 1:30 p.m. New York City time, on [—] December 9, 2013 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Gladstone Commercial Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters Underwriter and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP LLP, 000 Xxxxx Xxxxx, Menlo Park, California 94025 (or such other place as may be agreed to by the Company and the RepresentativeUnderwriter) at 9:00 a.m. New York City time, on [—]October 31, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [—] November 14, 2017 as the Representative Underwriter shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Underwriter may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Underwriter to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11Sections 11 and 19.

Appears in 1 contract

Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)

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The First Closing Date. Delivery of certificates or electronic book entries, as applicable, book-entry positions for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, 0000 Xxxxxxxx Xxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. 10:00 A.M. New York City time, on [—]March 29, 2021, or such other time and date not later than 1:30 p.m. P.M. New York City time, on [—] April 12, 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Evofem Biosciences, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP LLP, The New York Times Building, 000 Xxxxxx Xxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City Eastern time, on [—]February 22, 2021, or such other time and date not later than 1:30 p.m. New York City Eastern time, on [—] March 8, 2021 as the Representative shall designate by notice to the Company (the time and date of such closing are is called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Veru Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, the book-entry positions for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]April 18, 2022, or such other time and date not later than 1:30 p.m. New York City time, on [—] April 18, 2022 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Liquidia Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—], 2013, or such other time and date not later than 1:30 p.m. New York City time, on [—] ], 2013, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Glycomimetics Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP LLP, 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]October 16, 2018 or such other time and date not later than 1:30 p.m. New York City time, on [—] October 30, 2018 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

The First Closing Date. Delivery Payment of certificates or electronic book entries, as applicable, the purchase price for the Firm Shares shall be made to be subscribed the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for by the Underwriters respective accounts of the Underwriters. Such payment and payment therefor delivery shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. 10:00 a.m., New York City time, on [], 2015 or such other time and date not later than 1:30 p.m. New York City time, on [—] •], 2015 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (GLADSTONE LAND Corp)

The First Closing Date. Delivery Payment of certificates or electronic book entries, as applicable, the purchase price for the Firm Shares shall be made to be subscribed the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representatives through the facilities of the Depository Trust Company (“DTC”) for by the Underwriters respective accounts of the Underwriters. Such payment and payment therefor delivery shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. 10:00 a.m., New York City time, on [—]October 4, 2019 or such other time and date not later than 1:30 p.m. New York City time, on [—] October 18, 2019 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Gladstone Commercial Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for The closing with respect to the Firm Shares to be subscribed for by the Underwriters and payment therefor Debentures shall be made held at the offices of Xxxxx Xxxx & Xxxxxxxx, 000 Xxxxxxxxx & Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeInitial Purchasers) at 9:00 10:00 a.m. New York City time, on [—]April 12, 2004 (unless postponed in accordance with Section 9) or such other time and date not later than 1:30 p.m. 10:00 a.m. New York City time, on [—] April 20, 2004 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus Offering Memorandum or a delay as contemplated by the provisions of Section 119.

Appears in 1 contract

Samples: Purchase Agreement (Financial Federal Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx Xxxxxxxxx & Xxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 2021, or such other time and date not later than 1:30 p.m. New York City time, on [—] •], 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that the circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Theseus Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters Underwriter and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP LLP, 00000 Xxxx Xxxxx Xxxxxx, Xxx Xxxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeUnderwriter) at 9:00 a.m. New York City time, on [—]June 28, 2018, or such other time and date not later than 1:30 p.m. New York City time, on [—] July 13, 2018 as the Representative Underwriter shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Underwriter may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Underwriter to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/)

The First Closing Date. Delivery of certificates or electronic book entries, as (if applicable, ) for the Firm Shares to be subscribed for by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—[ · ], 2020, or such other later time and date not later than 1:30 p.m. New York City time, on [—] [ · ], 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Osmotica Pharmaceuticals PLC)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP BTIG, 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]July 20, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [—] July 20, 2020 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Inmune Bio, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxx LLP 0000 Xxxxxxx LLP Xxxxxx, Xxxx Xxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]August 3, 2020, or such other time and date not later than 1:30 p.m. New York City timetime on August 17, on [—] 2020 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Calix, Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx Xxxxxxxxx & Xxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 2020, or such other time and date not later than 1:30 p.m. New York City time, on [—] ●], 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Forma Therapeutics Holdings, Inc.,)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP LLP, 00000 Xxxx Xxxxx Xxxxxx, Xxx Xxxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]October 8, 2019, or such other time and date not later than 1:30 p.m. New York City time, on [—] October 22, 2019 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares and Pre-Funded Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx Xxxxxxxxx Xxxx & Xxxxxxx Xxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]January 30, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [—] February 7, 2020 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Concert Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP LLP, 000 Xxxxxx Xxx., Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 10:00 a.m. New York City time, on [—]March 28, 2019, or such other time and date not later than 1:30 5:00 p.m. New York City Eastern time, on [—] April 4, 2019 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Zomedica Pharmaceuticals Corp.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares Securities to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx DLA Piper LLP (US), 000 Xxxxx Xxxxxx, Xxxxxxx, XX, 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 or before 10:00 a.m. New York City time, on [—]November 19, 2018 or such other time and date not later than 1:30 5:00 p.m. New York City time, on [—] November 26, 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Helius Medical Technologies, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx LLP , 000 Xxxxx Xxxxx, Menlo Park, California 94025 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]August 23, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [—] September 7, 2016 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11Sections 11 and 19.

Appears in 1 contract

Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares Securities to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, New York, NY (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 [9:00] a.m. New York City time, on [], 2020, or such other time and date not later than 1:30 p.m. 10:00 a.m. New York City time, on [—] the tenth business day thereafter as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Nanobiotix S.A.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxx Xxxxxxxxx & Xxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [], 2019, or such other time and date not later than 1:30 p.m. New York City time, on [—] ●], 2019 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Xeris Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]February 5, 2014, or such other time and date not later than 1:30 p.m. New York City time, on [—] February 20, 2014 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Cytrx Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Common Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Banc of America Securities LLC, 9 Xxxx 00xx Xxxxxx Xxx Xxxx XX (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]December , 2004, or such other time and date not later than 1:30 p.m. New York City time, on [—] December , 2004, as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Symmetry Medical Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP LLP, 000 Xxxxxx Xxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]December 7, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [—] December 21, 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Codexis, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—], or such other time and date not later than 1:30 p.m. New York City time, on [—] as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Dicerna Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Cxxxxx LLP, 4000 Xxxxxxxx Xxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]September 17, 2018, or such other time and date not later than 1:30 p.m. New York City time, on [—] October 1, 2018 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Xenon Pharmaceuticals Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]September 15, 2015, or such other time and date not later than 1:30 p.m. New York City time, on [—] September 23, 2015 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (La Jolla Pharmaceutical Co)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [___], or such other time and date not later than 1:30 p.m. New York City time, on [___] as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Legacy Healthcare Properties Trust Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Common Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Shearman & Sterling LLP, 500 Xxxxxxxxx & Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [___], or such other time and date not later than 1:30 p.m. New York City time, on [—] time as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Acorda Therapeutics Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]April 18, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [—] April 19, 2017 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Wave Life Sciences Ltd.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for The closing with respect to the Firm Shares to be subscribed for by the Underwriters and payment therefor Debentures shall be made held at the offices of Xxxxx Xxxx & Xxxxxxxx, 000 Xxxxxxxxx & Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeInitial Purchasers) at 9:00 10:00 a.m. New York City time, on [—]June 25, 2004 (unless postponed in accordance with Section 10) or such other time and date not later than 1:30 p.m. 10:00 a.m. New York City time, on [—] July 6, 2004 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus Offering Memorandum or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Labone Inc/

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies LLC, 520 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]October 10, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [—] October 23, 2017 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Rigel Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Jxxxxxxxx & Company, Inc., 500 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]December 12, 2007, or such other time and date not later than 1:30 p.m. New York City time, on [—] December 27, 2007 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Penford Corp)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm ADSs and Preferred Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—]April 3, 2023 or such other time and date not later than 1:30 p.m. New York City time, on [—] April 17, 2023 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Avadel Pharmaceuticals PLC)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares and Firm Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP Xxxxxx LLP, 00 Xxxxxx Xxxxx, New York, NY 10001 (or such other place as may be agreed to by the Company and the Representative) at 9:00 10:00 a.m. New York City Eastern time, on [—]February 4, 2021, or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on [—] February 4, 2021, as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Ur-Energy Inc

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on [—August [ ], 2008 or such other time and date not later than 1:30 p.m. New York City time, on [—] September [ ], 2008 as the Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Westport Innovations Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Jefferies LLC, 000 Xxxxxxx LLP Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 10:00 a.m. New York City time, on [—]May 30, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [—] June 13, 2017 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Glycomimetics Inc)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, book-entry positions for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]May 21, 2019, or such other time and date not later than 1:30 p.m. New York City time, on [—] May 31, 2019 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Adma Biologics, Inc.)

The First Closing Date. Delivery of certificates or electronic book entries, as applicable, for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Lxxxxx & Xxxxxxx LLP Wxxxxxx LLP, 10000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 9:00 a.m. New York City time, on [—]July 13, 2023 or such other time and date not later than 1:30 p.m. New York City time, on [—] July 27, 2023 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

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