Common use of The First Closing Date Clause in Contracts

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore shall be made at the offices of Shearman & Sterling LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York time, on [ , 2004], or such other time and date not later than 10:30 a.m. New York time, on [ , 2004] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 2 contracts

Samples: Underwriting Agreement (Coldwater Creek Inc), Underwriting Agreement (Coldwater Creek Inc)

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The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman & Sterling LLP LLP, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York time, on [ June 19, 2004]2007, or such other time and date not later than 10:30 a.m. New York time, on [ , 2004] as agreed between the Representatives shall designate by notice to Representative and the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders Shareholders hereby acknowledge that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company, the Selling Stockholders Shareholders or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: Underwriting Agreement (RAM Holdings Ltd.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Xxxxxx & Sterling Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ January 8, 2004]2021, or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on [ January 8, 2004] 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders Stockholder hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders Stockholder or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10‎Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (AdaptHealth Corp.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Xxxxxxx, Xxxx & Sterling LLP Xxxxx, LLP, 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York timetime on February [l], on [ , 2004]2006, or such other time and date not later than 10:30 a.m. New York time, on [ , 2004] as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company, the Selling Stockholders or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 109 or Section 18.

Appears in 1 contract

Samples: Underwriting Agreement (Mortons Restaurant Group Inc)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Xxxxxx & Sterling Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ , 2004[●], or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on [ , 2004] [●]1 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011 and Section 20.

Appears in 1 contract

Samples: Underwriting Agreement (PubMatic, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman & Sterling LLP BAS, 0 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York time, time on [ ], 2004], or such other time and date not later than 10:30 a.m. 1:30 p.m. New York time, time on [ ], 2004] 2004 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman White & Sterling LLP Case LLP, 1155 Avenue of the Americas, New York, New York (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 10:00 a.m. New York time, on [ , 2004], 2012 or such other time and date not later than 10:30 a.m. 1:30 p.m. New York time, on [ , 2004] 2012 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company, the Selling Stockholders or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: Underwriting Agreement (Regional Management Corp.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Lxxxxx & Sterling Wxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on September [ l ], 2004]2021, or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on September [ l ], 2004] 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1012 and Section 21.

Appears in 1 contract

Samples: Underwriting Agreement (Certara, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Xxxxxx & Sterling Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on December [ • ], 2004]2020, or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on December [ • ], 2004] 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1012 and Section 21.

Appears in 1 contract

Samples: Underwriting Agreement (Certara, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Xxxxxxxxx & Sterling Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Selling Stockholders and the Representatives) at 9:00 a.m. New York City time, on [ December 12, 2004]2012, or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on [ December 27, 2004] 2012 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1012.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Healthcare Company, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Xxxxxx & Sterling Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ l ], 2004]2021, or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on [ l ], 2004] 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1012 and Section 21.

Appears in 1 contract

Samples: Underwriting Agreement (Certara, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman & Sterling LLP [ ] (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 [ ] a.m. New York timeEastern Standard Time, on [ ], 2004]2006, or such other time and date not later than 10:30 a.m. New York time[ ] p.m. Eastern Standard Time, on [ ], 2004] 2006 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company, the Selling Stockholders or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Xxxxxx & Sterling Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ [·], 2004]2014, or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on [ [·], 2004] 2014 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders Stockholder hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders Stockholder or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011 and 19.

Appears in 1 contract

Samples: Underwriting Agreement (PRA Health Sciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Xxxxxx & Sterling Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ , 2004[—], or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on [ , 2004[—] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011 and Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (El Pollo Loco Holdings, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Fried, Frank, Harris, Xxxxxxx & Sterling LLP Xxxxxxxx, One Table of Contents New York Plaza, New York, New York (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York East Coast time, on [ November , 2004], 2003 or such other time and date not later than 10:30 a.m. New York time, on [ , 2004] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: Underwriting Agreement (Red Robin Gourmet Burgers Inc)

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The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Xxxxx Xxxx & Sterling Xxxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York time, on [ , 2004], 2012 or such other time and date not later than 10:30 a.m. 1:30 p.m. New York time, on [ , 2004] 2012 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders Shareholder hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders Shareholder or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011 and 19.

Appears in 1 contract

Samples: Underwriting Agreement (Manchester United Ltd.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Xxxxxx & Sterling Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ May 17, 2004]2017, or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on [ May 17, 2004] 2017 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Fogo De Chao, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman & Sterling LLP Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York time, on [ , 2004], or such other time and date not later than 10:30 a.m. 1:30 p.m. New York time, on [ , 2004] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders Stockholder hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company, the Selling Stockholders Stockholder or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: Underwriting Agreement (Accentia Biopharmaceuticals Inc)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the New York offices of Shearman Xxxxxx & Sterling Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ [•], 2004]2013, or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on [ [•], 2004] 2013 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011 and Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (Navigator Holdings Ltd.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman & Sterling LLP BAS, 0 Xxxx 00xx Xxxxxx Xxx Xxxx, XX (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York time, on [ , 2004], or such other time and date not later than 10:30 a.m. 1:30 p.m. New York time, on [ , 2004] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: Underwriting Agreement (Novatel Wireless Inc)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Xxxxxxxxx & Sterling Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ [—], 2004]2015, or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on [ [—], 2004] 2015 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011 and Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (Avalanche Biotechnologies, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman Cxxxxxxxx & Sterling Bxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ [●], 2004]2014, or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on [ [●], 2004] 2014 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the CompanyCompany , the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011 and Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (Parnell Pharmaceuticals Holdings Pty LTD)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman & Sterling LLP BAS, 0 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York time, on [ ], 2004], or such other time and date not later than 10:30 a.m. 1:30 p.m. New York time, on [ ], 2004] 2004 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: Underwriting Agreement (Intralase Corp)

The First Closing Date. Delivery of certificates book-entry positions for the Firm Common Shares to be purchased by the Underwriters and payment therefore therefor shall be made at the offices of Shearman & Sterling LLP Xxxxx Day (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ [—], 2004]2014, or such other time and date not later than 10:30 a.m. 1:30 p.m. New York City time, on [ [—], 2004] 2014 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company and the Selling Stockholders hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are in no way not limited to, any determination by the Company, the Selling Stockholders or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1011 or Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (Marrone Bio Innovations Inc)

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