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

Appears in 2 contracts

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

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The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]March 10, 20162010, or such other time and date not later than 1:30 p.m. New York City time, on [·]March 24, 2016 2010 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 2 contracts

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

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx XxxxxxxxStifel, Xxx XxxxXxxxxxxxxx Xxxxxx, XX 00000 Suite 3700, San Francisco, CA 94104 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ ], 2016, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 [ ] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 2 contracts

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be purchased subscribed for by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ], 20162018, or such other later time and date not later than 1:30 p.m. New York City time, on [ · ], 2016 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 2 contracts

Samples: Underwriting Agreement (Osmotica Pharmaceuticals PLC), Underwriting Agreement (Osmotica Pharmaceuticals LTD)

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

Appears in 2 contracts

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

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies LLC, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]June 22, 2016, or such other time and date not later than 1:30 p.m. New York City time, on [·]July 7, 2016 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Glycomimetics Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be purchased subscribed for by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ], 20162020, or such other later time and date not later than 1:30 p.m. New York City time, on [ · ], 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Osmotica Pharmaceuticals PLC)

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

Appears in 1 contract

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

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx XxxxxxxxXxxxxxxx Xxxx, Xxx XxxxXxxxx, XX 00000 Xxxxxxxxxx (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·], 20162014, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 2014 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Minerva Neurosciences, Inc.)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxxx & Xxxxxxx LLP, 0000 000 Xxxxxx xx xxx XxxxxxxxXxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]December 7, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]December 21, 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Codexis, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·___], 2016, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 ___] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

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

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx XxxxxxxxNew York, Xxx Xxxx, XX 00000 NY (or such other place as may be agreed to by the Company and the Representatives) at 9:00 [9:00] a.m. New York City time, on [·], 20162020, or such other time and date not later than 1:30 p.m. 10:00 a.m. New York City time, on [·], 2016 the tenth business day thereafter as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Nanobiotix S.A.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Xxxxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 10:00 a.m. New York City time, on [·]January 22, 20162024, or such other time and date not later than 1:30 p.m. New York City time, on [·]January 22, 2016 2024 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Viridian Therapeutics, Inc.\DE)

The First Closing Date. Delivery of certificates for the Firm Shares and the Pre-Funded Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 10:00 a.m. New York City time, on [·]June 11, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]June 22, 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

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

The First Closing Date. Delivery of certificates (or such other evidence as contemplated by Section 2(f)) for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Cxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]October 22, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]November 5, 2016 2020 as the Representatives shall designate by notice to and the Company shall agree (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone request postponement of the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus Final Offering Document or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (BELLUS Health Inc.)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx White & Case LLP, 0000 Xxxxxx xx xxx Xxxxxxxx1221 Avenue of the Americas, Xxx XxxxNew York, XX 00000 New York (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]January 28, 20162019, or such other time and date not later than 1:30 p.m. New York City time, on [·]January 29, 2016 2019 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Wave Life Sciences Ltd.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]February 5, 20162014, or such other time and date not later than 1:30 p.m. New York City time, on [·]February 20, 2016 2014 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Cytrx Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Xxxxxxxxx & Xxxxxxx LLP, 0000 000 Xxxxxx xx xxx XxxxxxxxXxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]April 12, 20162017, or such other time and date not later than 1:30 p.m. New York City time, on [·]April 26, 2016 2017 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Codexis Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 00 Xxxxxx xx xxx XxxxxxxxXxxxx, Xxx XxxxNew York, XX 00000 New York 10001-2157 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]August 18, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]August 18, 2016 2020 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (OptiNose, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [ ], 2016, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 [ ] as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Northwest Pipe Co)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters Underwriter and payment therefor shall be made at the offices of Xxxxxx Proskauer Rose LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesUnderwriter) at 9:00 a.m. New York City time, on [·]April 16, 20162008, or such other time and date not later than 1:30 p.m. New York City time, on [·]April 18, 2016 2008 as the Representatives Underwriter shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Underwriter may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives Underwriter to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Almost Family Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx White & Case LLP, 0000 Xxxxxx xx xxx Xxxxxxxx1221 Avenue of the Americas, Xxx XxxxNew York, XX 00000 New York (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]September 25, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]September 28, 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Wave Life Sciences Ltd.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 20162013, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 2013, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Glycomimetics Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters Underwriter and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx00000 Xxxx Xxxxx Xxxxxx, Xxx XxxxXxxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesUnderwriter) at 9:00 a.m. New York City time, on [·]June 28, 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [·]July 13, 2016 2018 as the Representatives Underwriter shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Underwriter may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Underwriter to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

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

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 00 Xxxxxx xx xxx XxxxxxxxXxxxx, Xxx XxxxNew York, XX 00000 New York, 10001 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]July 31, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]August 14, 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Tcr2 Therapeutics Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]March 10, 20162014, or such other time and date not later than 1:30 p.m. New York City time, on [·]March 10, 2016 2014 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Cxxxxx LLP, 0000 50 Xxxxxx xx xxx XxxxxxxxXxxxx, Xxx XxxxNew York, XX 00000 NY 10001 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 20162023, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 2023 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Apogee Therapeutics, Inc.)

The First Closing Date. Delivery of the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPDLA Piper LLP (US), 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxx Xxxxxx, Xxx XxxxXxxxxxx, XX XX, 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 or before 10:00 a.m. New York City time, on [·]November 19, 2016, 2018 or such other time and date not later than 1:30 5:00 p.m. New York City time, on [·]November 26, 2016 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Underwriting Agreement (Kite Pharma, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [ ], 2016, 2006 or such other time and date not later than 1:30 p.m. New York City time, on [ ], 2016 2006 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Sanders Morris Harris Group Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 00 Xxxxxx xx xxx XxxxxxxxXxxxx, Xxx XxxxNew York, XX 00000 NY 10001 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 20162024, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 2024 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11‎Section 12.

Appears in 1 contract

Samples: Underwriting Agreement (Apogee Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares ADSs to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Xxxxx Xxxx & Xxxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 20162021, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Connect Biopharma Holdings LTD)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]May 11, 20162010, or such other time and date not later than 1:30 p.m. New York City time, on [·]May 24, 2016 2010, as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Samples: Underwriting Agreement (Avanir Pharmaceuticals, Inc.)

The First Closing Date. Delivery of the Firm Shares Initial Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Wxxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx300 Xxxxx Xxxxx Xxxxxx, Xxx XxxxXxxxxxx, XX 00000 00000-0000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]March 24, 20162014, or such other time and date not later than 1:30 p.m. New York City time, on [·]March 25, 2016 2014 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Vector Group LTD)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]May 10, 2016, 2011 or such other time and date not later than 1:30 p.m. New York City time, on [·]May 24, 2016 2011 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Quaker Chemical Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Xxxxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]June 30, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]July 15, 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Xeris Pharmaceuticals Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxxx Xxxxxx, Xxx XxxxXxxxxx, XX 00000 Xxxxxxxxxxxxx (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]April 18, 20162017, or such other time and date not later than 1:30 p.m. New York City time, on [·]April 19, 2016 2017 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Wave Life Sciences Ltd.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]September 15, 20162015, or such other time and date not later than 1:30 p.m. New York City time, on [·]September 23, 2016 2015 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (La Jolla Pharmaceutical Co)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]May 20, 20162013, or such other time and date not later than 1:30 p.m. New York City time, on [·]May 20, 2016 2013 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters by electronic book-entry through the facilities of DTC to the account specified by the Representative and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 the Underwriters’ counsel (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·], 2016, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1112.

Appears in 1 contract

Samples: Underwriting Agreement (Oriental Financial Group Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Cxxxxx LLP, 0000 50 Xxxxxx xx xxx XxxxxxxxXxxxx, Xxx XxxxNew York, XX 00000 New York 10001 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]February 3, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]February 18, 2016 2020 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Albireo Pharma, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Xxxxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 20162019, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 2019 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Xeris Pharmaceuticals Inc)

The First Closing Date. Delivery of book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Wxxxxx Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Pxxxxxxxx Xxxx and Dxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]May 21, 20162019, or such other time and date not later than 1:30 p.m. New York City time, on [·]May 31, 2016 2019 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Adma Biologics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Xxxxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

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

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The First Closing Date. Delivery of the Firm Shares and Pre-Funded Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Xxxxxxxxx Xxxx & Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]January 30, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]February 7, 2016 2020 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Concert Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 00 Xxxxxx xx xxx XxxxxxxxXxxxx, Xxx XxxxNew York, XX 00000 New York, 10001 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]January 22, 20162021, or such other time and date not later than 1:30 p.m. New York City time, on [·]February 5, 2016 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Tcr2 Therapeutics Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]July 24, 20162015, or such other time and date not later than 1:30 p.m. New York City time, on [·]August 7, 2016 2015 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Cytrx Corp)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxxx Xxxxxx, Xxx XxxxXxxxxx, XX 00000 Xxxxxxxxxxxxx (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 20162015, or such other time and date not later than 1:30 [●] p.m. New York City time, on [·], 2016 2015 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Wave Life Sciences Pte LTD)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 00 Xxxxxx xx xxx XxxxxxxxXxxxx, Xxx XxxxNew York, XX 00000 New York 10001 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]October 5, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]October 19, 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (LogicBio Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPX.X. Xxxxxx, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]February 24, 20162015, or such other time and date not later than 1:30 p.m. New York City time, on [·]March 3, 2016 2015 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Neurocrine Biosciences Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]February 16, 20162018, or such other time and date not later than 1:30 p.m. New York City timetime on March 5, on [·], 2016 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Pieris Pharmaceuticals, Inc.)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPSkadden, 0000 Xxxxxx xx xxx XxxxxxxxArps, Xxx XxxxSlate, XX 00000 Xxxxxxx & Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Evolus, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPBTIG, 0000 Xxxxxx xx xxx Xxxxxxxx00 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]July 20, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]July 20, 2016 2020 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Inmune Bio, Inc.)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Xxxxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]1, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]2, 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Oncorus, Inc.)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx & Xxxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx000 0xx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx, 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 2016, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 ] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (TELA Bio, Inc.)

The First Closing Date. Delivery of certificates or book-entry positions for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx XxxxxxxxNew York, Xxx Xxxx, XX 00000 NY (or such other place as may be agreed to by the Company and the Representatives) at 9:00 3:00 a.m. New York City time, on [·]November 6, 20162023, or such other time and date not later than 1:30 p.m. 10:00 a.m. New York City timetime on the tenth business day thereafter, on [·], 2016 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Nanobiotix S.A.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies LLC, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 11:00 a.m. New York City time, on [·]March 23, 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [·]April 6, 2016 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Glycomimetics Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Cxxxxx LLP, 0000 50 Xxxxxx xx xxx XxxxxxxxXxxxx, Xxx XxxxNew York, XX 00000 New York 10001 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]May 5, 20162023, or such other time and date not later than 1:30 p.m. New York City time, on [·]May 19, 2016 2023 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Morphic Holding, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Cxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx3000 Xxxxxxxx Xxxxxx, Xxx Xxxx Xxxx, XX 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]May 16, 20162012, or such other time and date not later than 1:30 p.m. New York City time, on [·]May 30, 2016 2012, as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (PROLOR Biotech, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and the Pre-Funded Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 & Xxxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 10:00 a.m. New York City time, on [·]February 4, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]February 18, 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

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

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPJefferies, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]July 28, 20162014, or such other time and date not later than 1:30 p.m. New York City time, on [·]August 11, 2016 2014 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (La Jolla Pharmaceutical Co)

The First Closing Date. Delivery of certificates for the Firm Shares and 5,000,000 Pre-Funded Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxx Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]July 6, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]July 20, 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Chiasma, Inc)

The First Closing Date. Delivery of certificates (or such other evidence as contemplated by Section 2(f)) for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Cxxxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 2016, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 ●] as the Representatives shall designate by notice to and the Company shall agree (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone request postponement of the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus Final Offering Document or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (BELLUS Health Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx Lxxxxx & Wxxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx10000 Xxxx Xxxxx Xxxxx, Xxx XxxxXxxxx, XX 00000 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]July 13, 2016, 2023 or such other time and date not later than 1:30 p.m. New York City time, on [·]July 27, 2016 2023 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLPSkadden, 0000 Xxxxxx xx xxx XxxxxxxxArps, Xxx XxxxSlate, XX 00000 Xxxxxxx & Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]October 7, 20162013, or such other time and date not later than 1:30 p.m. New York City time, on [·]October 21, 2016 2013 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Omega Healthcare Investors Inc)

The First Closing Date. Delivery of certificates for the Firm Shares Initial Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Xxxxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]June 30, 20162020, or such other time and date not later than 1:30 p.m. New York City time, on [·]July 15, 2016 2020 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Xeris Pharmaceuticals Inc)

The First Closing Date. Delivery of the book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Lxxxxx & Wxxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]April 18, 20162022, or such other time and date not later than 1:30 p.m. New York City time, on [·]April 18, 2016 2022 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Liquidia Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Xxxxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 20162018, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Xeris Pharmaceuticals Inc)

The First Closing Date. Delivery of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Xxxxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·], 20162021, or such other time and date not later than 1:30 p.m. New York City time, on [·], 2016 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that the circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Theseus Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates (or such other evidence as contemplated by Section 2(f)) for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]July 18, 20162022, or such other time and date not later than 1:30 p.m. New York City time, on [·]July 18, 2016 2022 as the Representatives shall designate by notice to and the Company shall agree (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone request postponement of the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus Final Offering Document or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (BELLUS Health Inc.)

The First Closing Date. Delivery of book-entry positions for the Firm Shares and certificates for the Firm Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [·]June 22, 20162015, or such other time and date not later than 1:30 p.m. New York City time, on [·]June 22, 2016 2015, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Ocata Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and Pre-Funded Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Xxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000 Xxxxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [·]January 12, 20162021, or such other time and date not later than 1:30 p.m. New York City time, on [·]January 27, 2016 2021 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Samples: Underwriting Agreement (Cerecor Inc.)

The First Closing Date. Delivery of The closing with respect to the Firm Shares to be purchased by the Underwriters and payment therefor Debentures shall be made held at the offices of Xxxxxx LLPXxxxx Xxxx & Xxxxxxxx, 0000 Xxxxxx xx xxx Xxxxxxxx000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativesInitial Purchasers) at 9:00 10:00 a.m. New York City time, on [·]April 12, 2016, 2004 (unless postponed in accordance with Section 9) or such other time and date not later than 1:30 p.m. 10:00 a.m. New York City time, on [·]April 20, 2016 2004 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus Offering Memorandum or a delay as contemplated by the provisions of Section 119.

Appears in 1 contract

Samples: Purchase Agreement (Financial Federal Corp)

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