Common use of The First Closing Date Clause in Contracts

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 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 5 contracts

Samples: Underwriting Agreement (UroGen Pharma Ltd.), Underwriting Agreement (OncoMed Pharmaceuticals Inc), Underwriting Agreement (UroGen Pharma Ltd.)

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The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 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 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 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 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 3 contracts

Samples: Underwriting Agreement (Aclaris Therapeutics, Inc.), Underwriting Agreement (Flex Pharma, Inc.), Underwriting Agreement (Collegium Pharmaceutical, Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be purchased 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 Representatives) at 9:00 a.m. New York City time, on [•[ · ], 2018, or such other later time and date not later than 1:30 p.m. New York City time, on [•] [ · ], 2018 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 hereby acknowledges that circumstances under which the 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 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 (Osmotica Pharmaceuticals LTD), Underwriting Agreement (Osmotica Pharmaceuticals PLC)

The First Closing Date. Delivery of certificates for the Firm Shares ADSs to be 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 Representatives) 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 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 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 Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section ‎Section 11.

Appears in 2 contracts

Samples: Argo Blockchain PLC, Argo Blockchain PLC

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 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 (uniQure B.V.), Underwriting Agreement (uniQure B.V.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 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 (Alx Oncology Holdings Inc), Underwriting Agreement (Alx Oncology Holdings Inc)

The First Closing Date. Delivery of certificates the book-entry positions for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]September 21, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [•] October 5, 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 hereby acknowledges that circumstances under which the 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 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 (Strongbridge Biopharma PLC), Underwriting Agreement

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 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 (Icosavax, Inc.), Underwriting Agreement (Arcellx, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•[ 🌑 ], 2017, or such other time and date not later than 1:30 p.m. New York City time, on [•] [ 🌑 ], 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 hereby acknowledges that circumstances under which the 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 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 (scPharmaceuticals Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Procter 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 [_____], 2021, or such other time and date not later than 1:30 p.m. New York City time, on [•] _____], 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 hereby acknowledges that circumstances under which the 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 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 (Real Good Food Company, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the New York offices of Xxxxxxxxx Xxxxxx & 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 [•]October 11, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [•] October 11, 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 hereby acknowledges that circumstances under which the 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 Representatives 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: National Storage Affiliates Trust

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Cxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) 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 Representatives 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 Representatives 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 Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1111 and Section 20.

Appears in 1 contract

Samples: Underwriting Agreement (fuboTV Inc. /FL)

The First Closing Date. Delivery of certificates for the Firm Shares ADSs to be 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 Representatives) at 9:00 a.m. New York City time, on [], 2017, or such other time and date not later than 1:30 p.m. New York City time, on [•] ●], 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 hereby acknowledges that circumstances under which the 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 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 (Nightstar Therapeutics LTD)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx White & Xxxxxxx Case 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 10, 2019, or such other time and date not later than 1:30 p.m. New York City time, on [•] December 10, 2019, 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 hereby acknowledges that circumstances under which the 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 Representatives 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 (Everi Holdings Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx, Xxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [•]May 7, 2018, or such other time and date not later than 1:30 p.m. New York City time, on [•] May 17, 2018 as the Representatives Representative shall designate designated 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 Representatives 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 Representatives 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 (uniQure N.V.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall thereforshall be made at the offices of Xxxxxxxxx Xxxxxx & 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 [•], 2014, or such other time and date not later than 1:30 p.m. New York City time, on [•] ], 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 hereby acknowledges that circumstances under which the 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 Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1113.

Appears in 1 contract

Samples: Underwriting Agreement (Auris Medical Holding AG)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 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 for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx, Xxxxx & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [•]October 27, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [•] November 10, 2017 as the Representatives Representative shall designate designated 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 Representatives 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 Representatives 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: uniQure N.V.

The First Closing Date. Delivery of certificates book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Cxxxxx 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 5, 2015, or such other time and date not later than 1:30 p.m. New York City time, on [•] May 5, 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 hereby acknowledges that circumstances under which the 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 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 (Advaxis, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 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 for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Cxxxxxxxx & Xxxxxxx 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 [], or such other time and date not later than 1:30 p.m. New York City time, on [•] ●]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 hereby acknowledges that circumstances under which the 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 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: Sol-Gel Technologies Ltd.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at through the offices facilities of Xxxxxxxxx & Xxxxxxx LLP The Depository Trust Company, New York, New York (or such other place as may be agreed to by the Company and the Representatives) at 9:00 10:00 a.m. New York City Eastern time, on [•]July 30, 2019, or such other time and date not later than 1:30 2:30 p.m. New York City Eastern time, on [•] July 30, 2019, 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 hereby acknowledges that circumstances under which the 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 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 (Chiasma, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 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 (Alto Neuroscience, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx 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 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 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 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 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 (Capital Lodging)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 8:00 a.m. New York City time, on [•]March 8, 2021, or such other time and date not later than 1:30 p.m. New York City timetime on March 8, on [•] 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 hereby acknowledges that circumstances under which the 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 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 (Rada Electronic Industries LTD)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 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 (Dermavant Sciences LTD)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxx Xxxx & Xxxxxxx Xxxxxxxx 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 [•]June 17, 2014, or such other time and date not later than 1:30 p.m. New York City time, on [•] July 1, 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 hereby acknowledges that circumstances under which the 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 Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1112.

Appears in 1 contract

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

The First Closing Date. Delivery of certificates book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Cxxxxx 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 [•]February 26, 2018, or such other time and date not later than 1:30 p.m. New York City time, on [•] March 12, 2018, 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 hereby acknowledges that circumstances under which the 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 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 (Advaxis, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 RepresentativesRepresentative) at 9:00 [ ● ] 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 Representatives 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 Representatives 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 Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1113.

Appears in 1 contract

Samples: Underwriting Agreement (Auris Medical Holding AG)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]October 6, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [•] October 6, 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 hereby acknowledges that circumstances under which the 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 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 (Newlink Genetics Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Cxxxxxxxx & Xxxxxxx 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 [•]December 12, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [•] December 27, 2016 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 hereby acknowledges that circumstances under which the 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 Representatives 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: NeuroDerm Ltd.

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 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 (Milestone Pharmaceuticals Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Procter 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 [•], 2021, or such other time and date not later than 1:30 p.m. New York City time, on [•] ], 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 hereby acknowledges that circumstances under which the 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 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 (Vera Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section ‎Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Establishment Labs Holdings Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Depositary Units to be 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 RepresentativesRepresentative) at 9:00 a.m. New York City time, on [•]March 6, 2013, or such other time and date not later than 1:30 p.m. New York City time, on [•] March 6, 2013 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Icahn Enterprises L.P.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxx & Xxxxxxx XxXxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [•]January 11, 2012, or such other time and date not later than 1:30 p.m. New York City time, on [•] January 27, 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Synta Pharmaceuticals Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Cxxxxxxxx & Xxxxxxx Bxxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [•]August 7, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [•] August 17, 2020 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Immunic, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]June 23, 2015, or such other time and date not later than 1:30 p.m. New York City time, on [•] July 3, 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 hereby acknowledges that circumstances under which the 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 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 (Organovo Holdings, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]December 17, 2018, or such other time and date not later than 1:30 p.m. New York City time, on [•] December 31, 2018 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 hereby acknowledges that circumstances under which the 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 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 (Marinus Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]December 15, 2015, or such other time and date not later than 1:30 p.m. New York City time, on [•] December 30, 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 hereby acknowledges that circumstances under which the 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 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 (Kite Pharma, Inc.)

The First Closing Date. Delivery of certificates certificates, if any, for the Firm Shares to be 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 RepresentativesRepresentative) at 9:00 a.m. New York City time, on [•]August 12, 2019, or such other time and date not later than 1:30 p.m. New York City time, on [•] August 26, 2019 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Sol-Gel Technologies Ltd.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at through the offices facilities of Xxxxxxxxx & Xxxxxxx LLP The Depository Trust Company, 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 City Eastern time, on [•]April 2, 2019, or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on [•] April 12, 2019, 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Chiasma, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxx Xxxx & Xxxxxxx Xxxxxxxx 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 11, 2015, or such other time and date not later than 1:30 p.m. New York City time, on [•] May 26, 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 hereby acknowledges that circumstances under which the 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 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 (Acadia Healthcare Company, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxx & Xxxxxxx XxXxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) 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 Representatives 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 Representatives 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 Representatives 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 (Acadia Healthcare Company, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and the Pre-Funded Warrants to be 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 Representatives) at 9:00 a.m. New York City time, on [•]March 15, 2021, or such other time and date not later than 1:30 p.m. New York City time, on [•] March 15, 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 hereby acknowledges that circumstances under which the 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 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 (Savara Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Procter LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [•]February 7, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [•] February 8, 2020 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Ziopharm Oncology Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]February 14, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [•] February 28, 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 hereby acknowledges that circumstances under which the 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 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 for the Firm Shares to be purchased by Securities and the Underwriters and payment therefor documents described in Section 6 hereof shall be made occur at the offices of Xxxxxxxxx & 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 [], 2017, 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 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 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 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 (Erytech Pharma S.A.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]October 22, 2018, or such other time and date not later than 1:30 p.m. New York City time, on [•] October 22, 2018 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 hereby acknowledges that circumstances under which the 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 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 (Aclaris Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the New York offices of Xxxxxxxxx Xxxxxx & 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 11, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [•] December 11, 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 hereby acknowledges that circumstances under which the 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 Representatives 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 (National Storage Affiliates Trust)

The First Closing Date. Delivery of certificates for the Firm Shares ADSs to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxx Xxxx & Xxxxxxx Xxxxxxxx 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 [•], 2021, or such other time and date not later than 1:30 p.m. New York City time, on [•] ], 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 hereby acknowledges that circumstances under which the 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 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 (Connect Biopharma Holdings LTD)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 RepresentativesRepresentative) at 9:00 a.m. New York City time, on [•]December 18, 2018, or such other time and date not later than 1:30 p.m. New York City time, on [•] December 18, 2018 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Axovant Sciences Ltd.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 RepresentativesRepresentative) at 9:00 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 Representatives 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 Representatives 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 Representatives 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 (Axovant Sciences Ltd.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxx & Xxxxxxx 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 20, 2011, or such other time and date not later than 1:30 p.m. New York City time, on [•] January 3, 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 hereby acknowledges that circumstances under which the 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 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 (Acadia Healthcare Company, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the New York offices of Xxxxxxxxx Xxxxxx & 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 16, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [•] December 16, 2016, 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 hereby acknowledges that circumstances under which the 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 Representatives 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 (National Storage Affiliates Trust)

The First Closing Date. Delivery of certificates or other evidence for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx White & Xxxxxxx Case 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 [•]October 23, 2018, or such other time and date not later than 1:30 p.m. New York City time, on [•] October 23, 2018, 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 hereby acknowledges that circumstances under which the 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 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 (Internap Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]June 6, 2022, or such other time and date not later than 1:30 p.m. New York City time, on [•] June 13, 2022 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 hereby acknowledges that circumstances under which the 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 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 (Concert Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Procter 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 [], or such other time and date not later than 1:30 p.m. New York City time, time on [] 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 hereby acknowledges that circumstances under which the 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 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 (SkyWater Technology, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section ‎Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (AdaptHealth Corp.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 RepresentativesRepresentative) at 9:00 10:00 a.m. New York City time, on [•]October 12, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [•] October 26, 2016 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Cidara Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]February 4, 2013, or such other time and date not later than 1:30 p.m. New York City time, on [•] February 14, 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 hereby acknowledges that circumstances under which the 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 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 (Newlink Genetics Corp)

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The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Procter 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 June [], 2021, or such other time and date not later than 1:30 p.m. New York City time, on June [•] ●], 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 hereby acknowledges that circumstances under which the 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 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 (AFC Gamma, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxx Xxxx & Xxxxxxx Xxxxxxxx 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 [], 2013, or such other time and date not later than 1:30 p.m. New York City timetime , on [•] —], 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 hereby acknowledges that circumstances under which the 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 Representatives that it is reasonably necessary and advisable 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 (Iroko Pharmaceuticals Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Coie 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 [•]June 11, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [•] June 25, 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 hereby acknowledges that circumstances under which the 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 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 (Fate Therapeutics Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Procter 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 [•]June 14, 2021, or such other time and date not later than 1:30 p.m. New York City time, on [•] June 14, 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 hereby acknowledges that circumstances under which the 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 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 (Aclaris Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]March 12, 2024, or such other time and date not later than 1:30 p.m. New York City time, on [•] March 12, 2024 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 hereby acknowledges that circumstances under which the 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 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 (RadNet, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. a.m., New York City time, on [•]February 16, 2024, or such other time and date not later than 1:30 p.m. p.m., New York City time, on [•] February 16, 2024 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 hereby acknowledges that circumstances under which the 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 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 (Larimar Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]November 23, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [•] November 23, 2016 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 hereby acknowledges that circumstances under which the 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 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 (Aclaris Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [], 2014, or such other time and date not later than 1:30 p.m. New York City time, on [•] —], 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 hereby acknowledges that circumstances under which the 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 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 (Avalanche Biotechnologies, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Procter LLP (or such other place as may be agreed to by the Company and the Representatives) at [9:00 a.m. a.m.] New York City time, on February [], 2021, or such other time and date not later than [1:30 p.m. p.m.] New York City time, on February [•] ●], 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 hereby acknowledges that circumstances under which the 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 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 (SQZ Biotechnologies Co)

The First Closing Date. Delivery of certificates for the Firm Shares and the Pre-Funded Warrants to be 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 Representatives) at 9:00 a.m. New York City time, on [•]December 8, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [•] December 8, 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 hereby acknowledges that circumstances under which the 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 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 (IGM Biosciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at through the offices facilities of Xxxxxxxxx & Xxxxxxx LLP The Depository Trust Company, 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 City Eastern time, on [•]February 25, 2021, or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on [•] March 8, 2021 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (PAVmed Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Procter 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 [], 2022, or such other time and date not later than 1:30 p.m. New York City time, on [•] ●], 2022 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 hereby acknowledges that circumstances under which the 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 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 (AFC Gamma, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Depositary Units to be 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 Representatives) at 9:00 a.m. New York City time, on [•]December 13, 2013, or such other time and date not later than 1:30 p.m. New York City time, on [•] December 13, 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 hereby acknowledges that circumstances under which the 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 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 (Icahn Enterprises L.P.)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Ellenoff Xxxxxxxx & Xxxxxxx LLP Schole LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 or before 10:00 a.m. New York City time, on [•]November 26, or such other time and date not later than 1:30 p.m. New York City time, on [•] as the Representatives shall designate by notice to the Company 2019 (the time and date of such closing are called the “First Closing Date”), or such other time and date as may be mutually agreed between the Company and Representative. The Company hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Helius Medical Technologies, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 10:00 a.m. New York City time, on [•]January 22, 2024, or such other time and date not later than 1:30 p.m. New York City time, on [•] January 22, 2024 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 hereby acknowledges that circumstances under which the 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 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 (Viridian Therapeutics, Inc.\DE)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the New York offices of Xxxxxxxxx Xxxxxx & 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 [•], 2014, or such other time and date not later than 1:30 p.m. New York City time, on [•] ], 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 hereby acknowledges that circumstances under which the 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 Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1111 and Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (Stalwart Tankers Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]May 26, 2020, or such other time and date not later than 1:30 p.m. New York City time, on [•] May 26, 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 hereby acknowledges that circumstances under which the 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 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 (scPharmaceuticals Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Coie 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 16, 2019, or such other time and date not later than 1:30 p.m. New York City time, on [•] September 30, 2019 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 hereby acknowledges that circumstances under which the 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 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 (Fate Therapeutics Inc)

The First Closing Date. Delivery of certificates book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx 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 [•]August 5, 2015, or such other time and date not later than 1:30 p.m. New York City time, on [•] August 19, 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 hereby acknowledges that circumstances under which the 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 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 (Amag Pharmaceuticals Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1111 and Section 20.

Appears in 1 contract

Samples: Underwriting Agreement (Imago BioSciences, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and Pre-Funded Warrants to be 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 Representatives) at 9:00 a.m. New York City time, on [•]July 16, 2020 or such other time and date not later than 1:30 p.m. New York City time, on [•] July 27, 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 hereby acknowledges that circumstances under which the 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 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 (Altimmune, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx LLP BAS, 0 Xxxx 00xx Xxxxxx Xxx Xxxx XX (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) 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 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 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 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 (Spirit Finance Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 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 (Collegium Pharmaceutical, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) 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 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 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 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 (Fogo De Chao, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [l], 2021, or such other time and date not later than 1:30 p.m. New York City time, on [•] l], 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 hereby acknowledges that circumstances under which the 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 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 (Codex DNA, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the New York offices of Xxxxxxxxx Xxxxxx & 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 [•]July 6, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [•] July 13, 2016, 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 hereby acknowledges that circumstances under which the 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 Representatives 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 (National Storage Affiliates Trust)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]October 31, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [•] October 31, 2016 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 hereby acknowledges that circumstances under which the 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 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 (Collegium Pharmaceutical, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on June [], 2014, or such other time and date not later than 1:30 p.m. New York City time, on June [•] —], 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 hereby acknowledges that circumstances under which the 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 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 (Kite Pharma, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares ADSs to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Procter 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 [•]March 5, 2021 or such other time and date not later than 1:30 p.m. New York City timetime on March 5, on [•] 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 hereby acknowledges that circumstances under which the 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 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 (ASLAN Pharmaceuticals LTD)

The First Closing Date. Delivery of certificates for the Firm Shares Underwritten Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx & Xxxxxxx Procter LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City timetime on February 20, on [•], 2024 or such other time and date not later than 1:30 p.m. New York City timetime on February 20, on [•] 2024 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 hereby acknowledges that circumstances under which the 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 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 (KalVista Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxxx & Xxxxxxx (London) 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 [], or such other time and date not later than 1:30 p.m. New York City time, on [] 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 hereby acknowledges that circumstances under which the 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 Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1111 and Section 19.

Appears in 1 contract

Samples: Underwriting Agreement (Lombard Medical, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 RepresentativesRepresentative) 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 Representatives 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 Representatives 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 Representatives 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 (Northwest Pipe Co)

The First Closing Date. Delivery of certificates the book-entry positions for the Firm Shares to be 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 RepresentativesRepresentative) 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 time, on [•] August 17, 2020, 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Spectrum Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 a.m. New York City time, on [•]September 23, 2021, or such other time and date not later than 1:30 p.m. New York City time, on [•] October 7, 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 hereby acknowledges that circumstances under which the 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 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 (Viridian Therapeutics, Inc.\DE)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 Representatives) at 9:00 10:00 a.m. New York City time, on [•]March 29, 2017 or such other time and date not later than 1:30 p.m. New York City time, on [•] April 12, 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 hereby acknowledges that circumstances under which the 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 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 (Bellicum Pharmaceuticals, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxxxxx Xxxxx & Xxxxxxx XxXxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [•]November 21, 2011 or such other time and date not later than 1:30 p.m. New York City time, on [•] December 5, 2011 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Unilife Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 RepresentativesRepresentative) at 9:00 10:00 a.m. New York City time, on [•]March 7, 2023, or such other time and date not later than 1:30 p.m. New York City time, on [•] March 21, 2023 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Cidara Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be 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 RepresentativesRepresentative) at 9:00 a.m. New York City time, on [•]February 13, 2018, or such other time and date not later than 1:30 p.m. New York City time, on [•] February 15, 2018 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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 (Cti Biopharma Corp)

The First Closing Date. Delivery of certificates for the Firm Shares and the Pre-Funded Warrants to be 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 Representatives) Representative at 9:00 a.m. New York City time, on [•]October 27, 2017, or such other time and date not later than 1:30 p.m. New York City time, on [•] November 10, 2017 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 hereby acknowledges that circumstances under which the Representatives 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 Representatives 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: Savara Inc

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