Common use of The First Closing Date Clause in Contracts

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 5 contracts

Samples: Underwriting Agreement (Keynote Systems Inc), Underwriting Agreement (Keynote Systems Inc), Underwriting Agreement (Keynote Systems Inc)

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The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives Representative at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLP, Two Xxxxxxx Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 LLP (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives Representative and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" providedPROVIDED, howeverHOWEVER, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives Representative may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the RepresentativesRepresentative.

Appears in 3 contracts

Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor (in the manner described in Section 2(f) hereof) shall be made by the Company and the Representatives at 6:00 a.m. San Francisco 9 A.M., Boston time, at the offices of Fenwick Hutcxxxx, Xxeexxx & West LLPXittxxx, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 X Professional Corporation (or at such other place as may be agreed upon among between the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 4:30 P.M., San Francisco Boston time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof)8), such time and date of payment and delivery being herein called the "Closing Date;." providedNotwithstanding the foregoing, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e) hereof4(d), the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 2 contracts

Samples: Underwriting Agreement (Netegrity Inc), Underwriting Agreement (Netegrity Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLPVenture Law Group, Two 0000 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxxx Xxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 2 contracts

Samples: Ramp Networks Inc, Ramp Networks Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives Representative at 6:00 a.m. San Francisco time, at the offices of Fenwick McDexxxxx, Xxll & West LLPEmerx, Two Xxxx Xxxx XxxxxxXxston, Xxxx Xxxx, XX 00000 Massachusetts (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives Representative and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e2(g) hereof, the Representatives Representative may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the RepresentativesRepresentative.

Appears in 2 contracts

Samples: Underwriting Agreement (MCK Communications Inc), Underwriting Agreement (MCK Communications Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. 6 A.M., San Francisco time, at the offices of Fenwick Xxxxxxx, Xxxxxxxx & West LLPXxxxxxxxxx, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 LLP (or at such other place as may be agreed upon among between the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof)8), such time and date of payment and delivery being herein called the "Closing Date;." providedNotwithstanding the foregoing, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e) hereof4(d), the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 2 contracts

Samples: Underwriting Agreement (Netsolve Inc), Netsolve Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxxxx & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 Xxxxxxxx LLP (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 2 contracts

Samples: Underwriting Agreement (Digimarc Corp), Underwriting Agreement (Digimarc Corp)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West Xxxxxx Godward LLP, Two Xxxx Xxxx 0000 Xxxxxxx Xxxxxx, Xxxx Xxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 2 contracts

Samples: Underwriting Agreement (Oplink Communications Inc), Underwriting Agreement (Oplink Communications Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Gray Xxxy Xxxx & West Xreidenrich LLP, Two Xxxx Xxxx 400 Xxxxxxxx Xxxxxx, Xxxx XxxxPalo Alto, XX 00000 CA 94301 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Imanage Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives Representative at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxxxx & West Forester LLP, Two 000 Xxxx Xxxx Xxxxx Xxxxxx, Xxxx XxxxXxx Xxxxxxx, XX 00000 Xxxxxxxxxx (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives Representatives' copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their [its] sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Impco Technologies Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Morrxxxx & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 Xoerxxxx XXX (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Sage Inc/Ca)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLPXxxxxx and Xxxxx, Two Xxxx Xxxx XxxxxxL.L.P., Xxxx XxxxHouston, XX 00000 Texas (or at such other place and time as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., p.m. San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Landrys Restaurants Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 Robexxxxx Xxxpxxxx (or at xx such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Osi Pharmaceuticals Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Wilsxx Xxxxxxx Xxxxxxxx & West LLPXosaxx, Two Xxofessional Corporation, 650 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxx, XX 00000 Xxxxxxxxxx (or xx at such other place and time as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, or (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" "; provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Pain Therapeutics Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx Xxxxxxx Xxxxxxxx & West LLPXxxxxx, Two Professional Corporation, 000 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxx, XX 00000 Xxxxxxxxxx (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e2(g) hereof, the Representatives may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Quicklogic Corporation)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 9:00 a.m. San Francisco New York time, at the offices of Fenwick Xxxxx, Xxxxx & West LLPXxxxx, Two Xxxx Xxxx Xxxxxx0000 Xxxxxxxx, Xxxx 00xx Xxxxx, Xxx Xxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 4:30 P.M., San Francisco New York time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Mapquest Com Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxx Marks & West Xxxxx, LLP, Two Xxxx Xxxx 000 Xxxxx Xxxxxx, Xxxx Xxx Xxxx, XX Xxx Xxxx 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the First Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Visible Genetics Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Wilsxx Xxxxxxx Xxxxxxxx & West LLPXosaxx, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 X.C. (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives 11 12 may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Mypoints Com Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLPKilpxxxxxx Xxxxxxxx XXX, Two Xxxx Xxxx 3500 One First Union Center, 301 X. Xxxxxxx Xxxxxx, Xxxx XxxxXxxxx 0000, XX Xxxxxxxxx, Xxxxx Xxxxxxxx 00000 (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Youcentric Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Testx, Xxrwxxx & West LLPXhibxxxxx, Two Xxxx XXP, 125 Xxxx Xxxxxx, Xxxx XxxxXxxxxx, XX 00000 (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e2(g) hereof, the Representatives Representative may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Student Advantage Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Jeffer, Mangels, Xxxxxx & West LLPXxxxxxx, Two Xxxx Xxxx Xxxxxx2121 Avenue of the Stars, Xxxx Xxxx00xx Xxxxx, XX Xxx Xxxxxxx, Xxxxxxxxxx 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" "; provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Emulex Corp /De/)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Salans Xxxxxxxxx Xxxxxxxxx Xxxxxxx & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxxxxxxxxx Center, 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the -------- ------- Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Interep National Radio Sales Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 9:00 a.m. San Francisco Boston time, at the offices of Fenwick Mintz, Levin, Cohn, Ferris, Glovsky & West LLPPopeo, Two Xxxx Xxxx P.C., Xxx Xxxxxxxxx Xxxxxx, Xxxx XxxxXxxxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 4:30 P.M., San Francisco Boston time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Applied Science & Technology Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 9:00 a.m. San Francisco New York time, at the offices of Fenwick Shearman & West LLPSterling at 599 Lexington Avenue, Two Xxxx Xxxx XxxxxxNew York, Xxxx Xxxx, XX 00000 New York 10021 (or at such other place as may be agreed upon among the Representatives xx xxx xx xxxxxx xxxx xxxxx xxx Xxxxxxxxxxxxxes and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 4:30 P.M., San Francisco New York time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that than seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" "; provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Regent Licensee of El Paso Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives Representative at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 Xxxxxxx (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd3/rd/) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th4/th/) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives Representative and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the RepresentativesRepresentative.

Appears in 1 contract

Samples: Underwriting Agreement (Arthrocare Corp)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West Xxxxxxx Coie LLP, Two Xxxx Xxxx 0000 Xxxxx Xxxxxx, Xxxx Xxxx00xx Xxxxx, XX 00000 Xxxxxxx, Xxxxxxxxxx 00000-0000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Primus Knowledge Solutions Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 8:00 a.m. San Francisco time, at the offices of Fenwick Wilson, Sonsini, Xxxxxxxx & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 Xxxxxx (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Lantronix)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Wilsxx Xxxxxxx Xxxxxxxx & West LLPXosaxx, Two 000 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxx, XX 00000 Xxxxxxxxxx (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Xcarenet Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxx, Xxxx & West Xxxxx LLP, Two Xxx Xxxx Xxxx Xxxxxx Xxxxxx Xxxxxx, Xxxx Xxxx, XX 00000 00000-0000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(l) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Centra Software Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 7:00 a.m. San Francisco time, at the offices of Fenwick & West LLPXxxxxx Xxxxxxx Xxxxxxxx Xxxxxxx, Two 000 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxx, XX 00000 00000-0000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(fSections 2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Battery Express Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Morrxx, Xxnnxxx & West LLPXartxx, Two Xxxx Xxxx XxxxxxX.L.P., Xxxx 1600 Atlanta Financial Center, 3343 Xxxxxxxxx Xxxx, XX 00000 X.X. Xxxxxxx, Xxxxxxx (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e2(g) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Daleen Technologies Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Wilsxx Xxxxxxx Xxxxxxxx & West LLPXosaxx, Two 000 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxx, XX 00000 (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Resourcephoenix Com)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives Representative at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLP, Two Xxxx Xxxx XxxxxxCooley Godward LLP 0000 Xx Xxxxxx Xxxx, Xxxx Xxxx, XX Xxxxxxxxxx 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(eSection 2(g) hereof, the Representatives may, in their sole discretion, postpone the First Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Abgenix Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company Company, the Selling Stockholders and the Representatives at 6:00 9:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx Xxxxxxx Xxxxxxxx & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 P.C. (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e3(A)(e) hereof, the Representatives Xxxxxxxxx Xxxxxxxx, Inc. may, in their its sole discretion, postpone the First Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Rudolph Technologies Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx Xxxxxxx Xxxxxxxx & West LLPXxxxxx, Two Professional Corporation, 000 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Nassda Corp

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Arnaxx, Xxlden & West LLPGregxxx, Two XXP, 2800 Atlantic Center, 1201 Xxxx Xxxx Xxxxxxxxx Xxxxxx, Xxxx XxxxXxxxxxx, XX 00000 (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that than seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (First Horizon Pharmaceutical Corp)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. a.m., San Francisco time, at the offices of Fenwick Weil, Gotshal & West LLPMangxx XXX, Two Xxxx Xxxx 767 Xxxxx Xxxxxx, Xxxx Xxx Xxxx, XX 00000 (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Fundtech LTD)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx Xxxxxxx Xxxxxxxx & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx XxxxProfessional Corporation ("Xxxxxx Xxxxxxx"), XX 00000 Palo Alto, California (or at such other place and time as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" "; provided, however, that if the Company has not made available to the -------- -------- Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Synplicity Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco Seattle time, at the offices of Fenwick & West LLPVenture Law Group, Two Xxxx Xxxx Xxxxxx0000 Xxxxxxxx Xxxxx, Xxxx XxxxXxxxxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd3/rd/) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco Seattle time, the fourth (4th4/th/) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Loudeye Technologies Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxx, Xxxx & West Xxxxx LLP, Two Xxx Xxxx Xxxx Xxxxxx Xxxxxx Xxxxxx, Xxxx Xxxx, XX 00000 00000-0000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(k) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Centra Software Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Brobxxx, Xxlexxx & West LLPXarrxxxx XXX, Two Xxxx Xxxx XxxxxxBroomfield, Xxxx Xxxx, XX 00000 Colorado (or at such other place as may be agreed upon among the Representatives and the Company), (i) on if this Agreement is executed and delivered at or prior to 1:30 p.m., San Francisco time, the third (3rd) full business day following the first day that Shares are tradedthis Agreement is executed and delivered, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Caldera Systems Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxxx Xxxxxxx & West LLPXxxxxxxx LLP located at 00 Xxxxxxxxxx Xxxxx, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 Xxxxxxxxxx (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Stamps Com Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives Representative at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 ___________________________________ (or at such other place as may be agreed upon among the Representatives Representative and the Company), (i) on the third (3rd) full business day following the first day that Shares are tradeddate of this Agreement, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives Representative and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives Representative may, in their its sole discretion, postpone the First Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the RepresentativesRepresentative.

Appears in 1 contract

Samples: American Capital Strategies LTD

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLPVenture Law Group, Two 2775 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxxx Xxxx, XX 00000 (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e2(g) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Persistence Software Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 8:00 a.m. San Francisco time, at the offices of Fenwick Wilson, Sonsini, Xxxxxxxx & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 Xxxxxx (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd3/rd/) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th4/th/) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Omnivision Technologies Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. a.m., San Francisco time, at the offices of Fenwick & West Xxxx and Xxxx LLP, Two Xxxx Xxxx 00 Xxxxx Xxxxxx, Xxxx XxxxXxxxxx, XX Xxxxxxxxxxxxx 00000 (or at such other place or time as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M.p.m., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(fSections 2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Switchboard Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLPVenture Law Group, Two 0000 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxxx Xxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd3/rd/) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th4/th/) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e2(g) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Mpath Interactive Inc/Ca)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives Representative at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxxxx & West Forester LLP, Two 000 Xxxx Xxxx Xxxxx Xxxxxx, Xxxx XxxxXxx Xxxxxxx, XX 00000 Xxxxxxxxxx (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd3/rd/) full business day following the first day that the Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th4/th/) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that the Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives Representatives' copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Questor Partners Fund L P)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West Xxxx and Xxxx LLP, Two Xxxx Xxxx 00 Xxxxx Xxxxxx, Xxxx XxxxXxxxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (I Many Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLP, Two Xxxx Xxxx XxxxxxPalo Alto Square, Xxxx XxxxPalo Alto, XX 00000 California 94306 (or at such other place and time as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that than seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" providedPROVIDED, howeverHOWEVER, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Elantec Semiconductor Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx & West Whitney LLP, Two Xxxx Xxxx Pillsbury Center South, 000 Xxxxx Xxxxx Xxxxxx, Xxxx XxxxXxxxxxxxxxx, XX 00000 Xxxxxxxxx 00000-0000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven than the seventh (77th) full business days day following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two the second (22nd) full business days day following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Ebenx Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxxx, Phleger & West Xxxxxxxx LLP, Two Xxxx Xxxx Xxx Xxxxxx, Xxxx XxxxXxxxx Xxxxxx Xxxxx, Xxx Xxxxxxxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd3/rd/) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th4/th/) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that than seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Computer Access Technology Corp

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Gibsxx, Xxnn & West LLPXrutxxxx XXX, Two Xxxx Xxxx 4 Paxx Xxxxx, Xxxxx 0000, Xxxxxx, Xxxx Xxxx, XX Xxxxxxxxxx 00000 (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their its sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Diedrich Coffee Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Pillsbury, Madison & West Sutro, LLP, Two Xxxx Xxxx 0000 Xxxxxxx Xxxxxx, Xxxx Xxxx, XX 00000 00000-0000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Egain Communications Corp)

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The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxx Xxxx Xxxx & West Freidenrich LLP, Two Xxxx Xxxx 000 Xxxxxxxx Xxxxxx, Xxxx XxxxPalo Alto, XX 00000 CA (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Extricity Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West Stoel Rives LLP, Two Xxxx Xxxx One Union Square, 000 Xxxxxxxxxx Xxxxxx, Xxxx XxxxXxxxx 0000, XX Xxxxxxx, Xxxxxxxxxx 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Cobalt Group Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 7:00 a.m. San Francisco time, at the offices of Fenwick Cravath, Swaine & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 Moorx (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that than seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" "; provided, however, that if the Company has not made available to the Representatives copies of the Prospectus Prospectuses within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus Prospectuses to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Healthstream Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLP, Two Xxxx Xxxx XxxxxxPalo Alto Square, Xxxx XxxxPalo Alto, XX 00000 California 94306 (or at such other place and time as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that than seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" provided"; PROVIDED, howeverHOWEVER, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Elantec Semiconductor Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Gordxx Xxxxxx Xxxowsky Weitxxx Xxxlov & West LLPWein, Two 004 Xxxx Xxxx 00xx Xxxxxx, Xxxx Xxx Xxxx, XX 00000 Xxx Xxxx (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Lowestfare Com Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. a.m., San Francisco time, at the offices of Fenwick Xxxxxx, Xxxxx & West Bockius LLP, Two Xxxx Xxxx 0000 Xxxxxx Xxxxxx, Xxxx XxxxXxxxxxxxxxxx, XX 00000 00000, (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Orapharma Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLPGreenberg Traurig, Two Xxxx Xxxx XxxxxxP.A., Xxxx Xxxx1221 Brickell Avenue, XX 00000 Miami, Florida 33131 (or at such other place ox xx xxxx xxxxx xlace as may be agreed upon among the Representatives xxx xx xxxxxx xxxx xxxxx xxx Xxxxxxxxxxxxxes and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to each of the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to each of the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Smartdisk Corp)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 7:00 a.m. San Francisco time, at the offices of Fenwick & West LLPJMP Securities LLC, Two Xxxx Xxxx 600 Xxxxxxxxxx Xxxxxx, Xxxx XxxxSuite 1100, XX 00000 San Francisco, California 94111 (or at such other place as may be agreed upon among between the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Firm Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco timePST, the fourth (4th) full business day following the day that this Agreement is executed and delivered delivered, or (iii) at such other time and date not later that than seven (7) full business days following the first day that Firm Shares are traded as the Representatives and the Company may determine shall designate (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "“First Closing Date;" ”; provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the First Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Redwood Trust Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives Representative at 6:00 9:00 a.m. San Francisco Boston time, at the offices of Fenwick & West Xxxx and Xxxx LLP, Two Xxxx Xxxx 00 Xxxxx Xxxxxx, Xxxx XxxxXxxxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M.4:30 p.m., San Francisco Boston time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives Representative and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives Representative may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the RepresentativesRepresentative.

Appears in 1 contract

Samples: Underwriting Agreement (Predictive Systems Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Shearman & West LLPSterling, Two Xxxx Xxxx XxxxxxSan Francisco, Xxxx Xxxx, XX 00000 California (or at such other place and time as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that than seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" provided"; PROVIDED, howeverHOWEVER, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (TTM Technologies Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 7:00 a.m. San Francisco time, at the offices of Fenwick Jenkens & West LLPXxxxxxxxx, Two Xxxx P.C., 0000 Xxxx Xxxxxx, Xxxx XxxxSuite 3200, XX 00000 Dallas, Texas 75202-2799 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" "; provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Americredit Corp

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Wilson, Sonsini, Xxxxxxxx & West LLP, Two Xxxxxx at 000 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxx, XX 00000 Xxxxxxxxxx (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Critical Path Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Wilsxx Xxxxxxx Xxxxxxxx & West LLPXosaxx, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 X.C. (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(fSections 2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Mypoints Com Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, 9:00 a.m. Eastern Standard Time, at the offices of Fenwick Xxxxxx & West LLPXxxxxxx, Two Xxxx Xxxx 000 Xxxxx Xxxxxx, Xxxx Xxx Xxxx, XX Xxx Xxxx, 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 4:30 P.M., San Francisco timeEastern Standard Time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Fibernet Telecom Group Inc\)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Jonex, Xxy, Reavxx & West LLPXogux, Two Xxxx Xxxx 0000 Sun Trust Plaza, 303 Xxxxxxxxx Xxxxxx, Xxxx XxxxXxxxxxx, XX 00000 (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd3) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e3(A)(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (T/R Systems Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West Xxxx and Xxxx LLP, Two Xxxx Xxxx 00 Xxxxx Xxxxxx, Xxxx XxxxXxxxxx, XX Xxxxxxxxxxxxx 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Prime Response Inc/De)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Wilsxx Xxxxxxx Xxxxxxxx & West LLPXosaxx, Two X.C., 650 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxx, XX 00000 (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Ondisplay Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Wilson, Sonsini, Goodxxxx & West LLPXosaxx, Two X.C., 650 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxx, XX Xxxxxxxxxx 00000 (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Netgear Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Wilsxx Xxxxxxx Xxxxxxxx & West LLPXosaxx, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 X.C. (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Mypoints Com Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Skadden, Arps, Slate, Xxxxxxx & West Xxxx LLP, Two Xxxx Xxxx XxxxxxBoston, Xxxx Xxxx, XX 00000 Massachusetts (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M.p.m., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e2(g) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Navisite Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives Representative at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 [NAME AND ADDRESS OF COMPANY COUNSEL] (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives Representative and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives Representative may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the RepresentativesRepresentative.

Appears in 1 contract

Samples: Blaze Software Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Selling Stockholders and the Representatives at 6:00 8:00 a.m. San Francisco Dallas time, at the Dallas offices of Fenwick Xxxxx Liddell & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 LLP (or at such other place as may be agreed upon among the Representatives and the Company), (i) if this Agreement is executed and delivered before 1:30 p.m., San Francisco time, on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M.p.m., San Francisco time, on the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that than seven (7) full business days following the first day that Firm Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e3A(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Carreker Corp)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx, Xxxxx & West Bockius LLP, Two Xxxx Xxxx 0000 Xxxxxx Xxxxxx, Xxxx XxxxXxxxxxxxxxxx, XX 00000 00000-0000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Esperion Therapeutics Inc/Mi

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick X'Xxxxxxxx Graev & West LLPKarabell, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 LLP (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that the Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that the Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" "; provided, however, that if the Company has not made available to the Representatives copies of the Prospectus Prospectuses within the time provided in Section 2(f) and 3(e2(g) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus Prospectuses to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Opus360 Corp)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West Coolxx Xxxward LLP, Two Xxxx Xxxx Xxxxxx5200 Xxxxxxxx Xxxxx, Xxxx XxxxXxxxxxxx, XX 00000 00000-0000 (or xx at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(fSections 2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Vixel Corp)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West LLPShaw Xxxtxxx, Two Xxxx Xxxx Xxxxxx0076 Xxxxxxxxxxxxx Xxxxx, Xxxx XxxxXxXxxx, XX Xxxxxxxx 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd3) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the First Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Varsitybooks Com Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx & West LLPXxxxxxx, Two Xxxx Xxxx XxxxxxSan Francisco, Xxxx Xxxx, XX 00000 California (or at such other place and time as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that than seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" "; provided, however, that if the Company has not made available to -------- -------- the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the First Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Neurocrine Biosciences Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West Xxxxxx Godward LLP, Two Xxxx Xxxx XxxxxxFive Palo Alto Square, 0000 Xx Xxxxxx Xxxx, Xxxx Xxxx, XX 00000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Chordiant Software Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick & West Xxxxxxxxx Xxxxxxx, LLP, Two Xxxx Xxxx XxxxxxPhoenix, Xxxx Xxxx, XX 00000 Arizona (or at such other place and time as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that than seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" "; provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: TTM Technologies Inc

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx Xxxxxxx Xxxxxxxx & West LLPXxxxxx, Two Professional Corporation, 000 Xxxx Xxxx XxxxxxXxxx, Xxxx Xxxx, XX 00000 Xxxxxxxxxx (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the RepresentativesRepresentative.

Appears in 1 contract

Samples: Underwriting Agreement (Quicklogic Corporation)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. A.M. San Francisco time, at the offices of Fenwick Gundxxxxx Xxxtxxx Xxxuxx Xxxxxxxx & West LLPXachxxxxx, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 XXP (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Globespan Semiconductor Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Brobxxx, Xxeleger & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 Harrxxxx XXX (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Quest Software Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx, Xxxxx & West Bockius LLP, Two Xxxx Xxxx 0000 Xxxxxx Xxxxxx, Xxxx XxxxXxxxxxxxxxxx, XX 00000 00000-0000 (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd3/rd/) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th4/th/) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Esperion Therapeutics Inc/Mi

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx, Xxxxxxxxxx & West Xxxxxxxxx LLP, Two Xxxx Xxxx XxxxxxSan Francisco, Xxxx Xxxx, XX 00000 California (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "First Closing Date;" "; provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(fSections 2(g) and 3(e) hereof, the Representatives may, in their sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Insilicon Corp)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made by the Company and the Representatives at 6:00 9:00 a.m. San Francisco time, at the offices of Fenwick Xxxxxx Xxxxxxx Xxxxxxxx & West LLP, Two Xxxx Xxxx Xxxxxx, Xxxx Xxxx, XX 00000 P.C. (or at such other place as may be agreed upon among the Representatives and the Company), (i) on the third (3rd) full business day following the first day that Shares are traded, (ii) if this Agreement is executed and delivered after 1:30 P.M., San Francisco time, the fourth (4th) full business day following the day that this Agreement is executed and delivered or (iii) at such other time and date not later that seven (7) full business days following the first day that Shares are traded as the Representatives and the Company may determine (or at such time and date to which payment and delivery shall have been postponed pursuant to Section 8 hereof), such time and date of payment and delivery being herein called the "Closing Date;" provided, however, that if the Company has not made available to the Representatives copies of the Prospectus within the time provided in Section 2(f) and 3(e4(d) hereof, the Representatives BancBoston Xxxxxxxxx Xxxxxxxx Inc. may, in their its sole discretion, postpone the Closing Date until no later than that two (2) full business days following delivery of copies of the Prospectus to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Rudolph Technologies Inc)

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