Common use of The First Closing Date Clause in Contracts

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Stifel, ▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇▇▇▇, 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 [ · ], 2018, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 ] as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not 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

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

The First Closing Date. Delivery of certificates (if applicableor such other evidence as contemplated by Section 2(f)) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ 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, 20182022, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]July 18, 2018 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

Sources: Underwriting Agreement (BELLUS Health Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares Securities to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇▇▇ LLP ▇▇▇▇▇, New York, 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 [ · ]November 24, 20182025, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]December 9, 2018 2025 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

Sources: Underwriting Agreement (Inhibikase Therapeutics, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇Jefferies, ▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]March 2, 20182011, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]March 16, 2018 2011 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, include 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

Sources: Underwriting Agreement (Limelight Networks, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇& ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ LLP ▇▇▇▇, New York, New York 10036 (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 12, 20182016, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]January 26, 2018 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

Sources: Underwriting Agreement (Acadia Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of C▇▇▇▇▇ LLP, 5▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP , New York, 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 [ · [●], 20182023, or such later other time and date not later than 1:30 p.m. New York City time, on [ · [●], 2018 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

Sources: Underwriting Agreement (Apogee Therapeutics, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares Securities to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇▇▇ LLP ▇▇▇▇▇, New York, NY 10001-2157 (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]August 15, 20182022, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]August 29, 2018 2022 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Sources: Underwriting Agreement (Verona Pharma PLC)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Common Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of BAS, ▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [ · ]December , 20182004, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]December , 2018 2004, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Sources: Underwriting Agreement (Spirit Finance Corp)

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

Appears in 1 contract

Sources: Underwriting Agreement (Kite Pharma, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP ▇▇▇▇ ▇▇▇▇▇▇▇ LLP ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [ · ]August 3, 20182020, or such later other time and date not later than 1:30 p.m. New York City timetime on August 17, on [ · ], 2018 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

Sources: Underwriting Agreement (Calix, Inc)

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

Appears in 1 contract

Sources: Underwriting Agreement (Evolus, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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 [ · [●], 20182019, or such later other time and date not later than 1:30 p.m. New York City time, on [ · [●], 2018 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

Sources: Underwriting Agreement (Xeris Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇ ▇▇▇▇▇▇▇▇ 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 [ · ], 20182013, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 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

Sources: Underwriting Agreement (Five Prime Therapeutics Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇ ▇▇▇▇▇▇▇ LLP ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [ · ]November 25, 20182013, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]December 10, 2018 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

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares and 5,000,000 Pre-Funded Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇& ▇▇▇▇▇▇▇ 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]July 20, 2018 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

Sources: Underwriting Agreement (Chiasma, Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Common Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of BAS, ▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇ ▇▇▇▇, ▇▇ 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 [ · ], 20182004, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 2004 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Sources: Underwriting Agreement (Capital Lodging)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Common Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇, ▇▇& ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇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 [ · ], 20182004, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 2004 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Sources: Underwriting Agreement (Displaytech Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇Jefferies, ▇▇▇ & ▇▇▇▇▇▇▇ 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 [ · ]July 28, 20182014, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]August 11, 2018 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

Sources: Underwriting Agreement (La Jolla Pharmaceutical Co)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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 [ · [•], 20182021, or such later other time and date not later than 1:30 p.m. New York City time, on [ · [•], 2018 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

Sources: Underwriting Agreement (Rallybio Corp)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇▇▇ LLP ▇▇▇▇▇, New York, 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]October 19, 2018 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

Sources: Underwriting Agreement (LogicBio Therapeutics, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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 [ · ]August 19, 20182022, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]September 2, 2018 2022 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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 [ · [•], 20182021, or such later other time and date not later than 1:30 p.m. New York City time, on [ · [•], 2018 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

Sources: Underwriting Agreement (Theseus Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Common Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Shearman & Sterling LLP, 5▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · [___], 2018, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 time as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not in no way limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110.

Appears in 1 contract

Sources: Underwriting Agreement (Acorda Therapeutics Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares Securities to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇▇▇ LLP ▇▇▇▇▇, New York, 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 [ · ]September 11, 20182025, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]September 25, 2018 2025 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1112.

Appears in 1 contract

Sources: Underwriting Agreement (Dianthus Therapeutics, Inc. /DE/)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ White & ▇▇▇▇▇▇▇ LLP Case LLP, 1221 Avenue of the Americas, New York, New York (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]September 25, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]September 28, 2018 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

Sources: Underwriting Agreement (Wave Life Sciences Ltd.)

The First Closing Date. Delivery of certificates (if applicable) the book-entry positions for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of L▇▇▇▇▇ & W▇▇▇▇▇▇ 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, 20182022, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]April 18, 2018 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

Sources: Underwriting Agreement (Liquidia Corp)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇▇▇ LLP ▇▇▇▇▇, New York, 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]August 18, 2018 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

Sources: Underwriting Agreement (OptiNose, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP LLP, ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. [ ] New York City time, on [ · ], 2018, 2020 or such later other time and date not later than 1:30 p.m. [ ] New York City time, on [ · ], 2018 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

Sources: Underwriting Agreement (Keros Therapeutics, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇ ▇▇▇▇▇▇▇▇ 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 [ · ]April 18, 20182017, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]April 19, 2018 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

Sources: Underwriting Agreement (Wave Life Sciences Ltd.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the New York offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ 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 [ · [•], 20182014, or such later other time and date not later than 1:30 p.m. New York City time, on [ · [•], 2018 2014 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1111 and Section 19.

Appears in 1 contract

Sources: Underwriting Agreement (Stalwart Tankers Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇▇▇ LLP ▇▇▇▇▇, New York, 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 June [ · ], 20182021, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 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

Sources: Underwriting Agreement (C4 Therapeutics, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm ADSs and Preferred Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of W▇▇▇▇▇ ▇▇▇▇▇▇ & P▇▇▇▇▇▇▇▇ ▇▇▇▇ and D▇▇▇ 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 3, 2018, 2023 or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]April 17, 2018 2023 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

Sources: Underwriting Agreement (Avadel Pharmaceuticals PLC)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ 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 [ · [•], 20182021, or such later other time and date not later than 1:30 [•] p.m. New York City time, on [ · [•], 2018 2021 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1111 and Section 20.

Appears in 1 contract

Sources: Underwriting Agreement (Imago BioSciences, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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 [ · ]September 13, 20182024, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]September 13, 2018 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

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of C▇▇▇▇▇ & LLP, 4▇▇▇ ▇▇▇▇▇▇▇▇ LLP ▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]September 17, 2018, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]October 1, 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

Sources: Underwriting Agreement (Xenon Pharmaceuticals Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the New York offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]September 25, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]September 25, 2018 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 Each of the Company and the Forward Sellers 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 Prospectus, or a delay as contemplated by the provisions of Section 1111 of this Agreement.

Appears in 1 contract

Sources: Underwriting Agreement (National Storage Affiliates Trust)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇ ▇▇▇▇▇▇▇▇ 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 [ · ], 20182014, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 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

Sources: Underwriting Agreement (Minerva Neurosciences, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of C▇▇▇▇▇ LLP, 5▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP , New York, 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, 20182023, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]May 19, 2018 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

Sources: Underwriting Agreement (Morphic Holding, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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, 20182024, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]January 22, 2018 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

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares and the Pre-Funded Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]June 17, 20182024, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]June 17, 2018 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

Sources: Underwriting Agreement (Rezolute, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]July 15, 2018 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

Sources: Underwriting Agreement (Xeris Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of C▇▇▇▇▇ LLP, 5▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP , New York, 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]February 18, 2018 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

Sources: Underwriting Agreement (Albireo Pharma, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇Jefferies, ▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [ · ]November 22, 20182010, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]December 2, 2018 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

Sources: Underwriting Agreement (Avanir Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares Securities to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP LLP, New York, 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 [ · [●], 20182020, or such later other time and date not later than 1:30 p.m. 10:00 a.m. New York City time, on [ · ], 2018 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

Sources: Underwriting Agreement (Nanobiotix S.A.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares and the Pre-Funded Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. (New York City time), on [ · ]October 31, 20182025, or such later other time and date not later than 1:30 p.m. (New York City time), on [ · ]November 14, 2018 2025 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

Sources: Underwriting Agreement (Savara Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇Jefferies, ▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]September 15, 20182015, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]September 23, 2018 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

Sources: Underwriting Agreement (La Jolla Pharmaceutical Co)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [ · May [•], 20182014, or such later other time and date not later than 1:30 p.m. New York City time, on [ · May [•], 2018 2014, as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1111 and Section 19.

Appears in 1 contract

Sources: Underwriting Agreement (Papa Murphy's Holdings, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ White & ▇▇▇▇▇▇▇ LLP Case LLP, 1221 Avenue of the Americas, New York, New York (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]January 28, 20182019, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]January 29, 2018 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

Sources: Underwriting Agreement (Wave Life Sciences Ltd.)

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

Appears in 1 contract

Sources: Underwriting Agreement (Xeris Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇Covin▇▇▇▇ & ▇▇rli▇▇▇ LLP (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 [ · ], 20182015, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 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 1111 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (NeuroDerm Ltd.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters Underwriter and payment therefor shall be made at the offices of Skadden, Arps, Slate, ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP (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 [ · ]July 22, 20182019, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]August 5, 2018 2019 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 11Sections 11 and 19.

Appears in 1 contract

Sources: Underwriting Agreement (Senseonics Holdings, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares ADSs to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇ 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 [ · [●], 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · [●], 2018 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

Sources: Underwriting Agreement (I-Mab)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇Jefferies, ▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]March 4, 20182014, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]March 11, 2018 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

Sources: Underwriting Agreement (Neurocrine Biosciences Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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 [ · ]October 23, 20182025, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]October 30, 2018 2025 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

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]February 14, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]February 28, 2018 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

Sources: Underwriting Agreement (Xeris Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares and the Pre-Funded Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]March 15, 20182021, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]March 15, 2018 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

Sources: Underwriting Agreement (Savara Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇Jefferies, ▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [ · ]February 8, 2018, 2006 or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]February 23, 2018 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 1110.

Appears in 1 contract

Sources: Underwriting Agreement (KFX Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇▇▇ LLP ▇▇▇▇▇, New York, NY 10001 (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 10:00 a.m. New York City Eastern time, on [ · ]February 20, 2018, 2020 or such later other time and date not later than 1:30 4 p.m. New York City Eastern time, on [ · ]March 2, 2018 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 Prospectuses or a delay as contemplated by the provisions of Section 1112.

Appears in 1 contract

Sources: Underwriting Agreement (Energy Fuels Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares and Pre-Funded Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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, 20182021, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]January 27, 2018 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

Sources: Underwriting Agreement (Cerecor Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares and Pre-Funded Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇ 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]February 7, 2018 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

Sources: Underwriting Agreement (Concert Pharmaceuticals, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares Initial Securities to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]July 15, 2018 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

Sources: Underwriting Agreement (Xeris Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for 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 ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP 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 [ · ], 2018, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1112.

Appears in 1 contract

Sources: Underwriting Agreement (Oriental Financial Group Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · [●]2, 2018 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

Sources: Underwriting Agreement (Oncorus, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇Jefferies LLC, ▇▇▇ & ▇▇▇▇▇▇▇ 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, 20182016, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]July 7, 2018 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

Sources: Underwriting Agreement (Glycomimetics Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares ADSs to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇ 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 [ · [•], 20182021, or such later other time and date not later than 1:30 p.m. New York City time, on [ · [•], 2018 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

Sources: Underwriting Agreement (Connect Biopharma Holdings LTD)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇Jefferies, ▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ (or such other place as may be agreed to by the Company and the RepresentativesRepresentative) at 9:00 a.m. New York City time, on [ · ]May 10, 2018, 2011 or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]May 24, 2018 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

Sources: Underwriting Agreement (Quaker Chemical Corp)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇Jefferies, 5▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) Representative at 9:00 a.m. New York City time, on [ · ]May 9, 20182006, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]May 23, 2018 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 1110.

Appears in 1 contract

Sources: Underwriting Agreement (Spectranetics Corp)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]September 23, 20182021, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]October 7, 2018 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

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares and the Pre-Funded Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]June 22, 2018 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

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares and the Pre-Funded Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]February 18, 2018 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

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇ Day, ▇▇▇ & ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇LLP ▇▇▇▇, ▇▇▇ ▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ], 2018, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that the 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

Sources: Underwriting Agreement (Power Medical Interventions, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Common Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇BAS, ▇ ▇▇▇▇ & ▇▇▇▇ ▇▇▇▇▇▇, ▇▇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 [ · ], 2018, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 ] as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the "First Closing Date"). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not 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

Sources: Underwriting Agreement (Nuvasive Inc)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares ADSs to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ 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 [ · [●], 20182017, or such later other time and date not later than 1:30 p.m. New York City time, on [ · [●], 2018 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

Sources: Underwriting Agreement (Nightstar Therapeutics LTD)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ Procter LLP (or such other place as may be agreed to by the Company and the Representatives) at [9:00 a.m. a.m.] New York City time, on [ · February [●], 20182021, or such later other time and date not later than [1:30 p.m. p.m.] New York City time, on [ · February [●], 2018 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

Sources: Underwriting Agreement (SQZ Biotechnologies Co)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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 [ · [●], 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · [●], 2018 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

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ 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 [ · [●], 20182021, or such later other time and date not later than 1:30 p.m. New York City time, on [ · [●], 2018 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

Sources: Underwriting Agreement (Ikena Oncology, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇▇▇ LLP ▇▇▇▇▇, New York, 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]August 14, 2018 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

Sources: Underwriting Agreement (Tcr2 Therapeutics Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares Securities to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of C▇▇▇▇▇ LLP, 5▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP , New York, 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 [ · ]October 10, 20182025, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]October 24, 2018 2025 as the Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1113.

Appears in 1 contract

Sources: Underwriting Agreement (Apogee Therapeutics, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares and the Pre-Funded Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the Representatives) Representative at 9:00 a.m. New York City time, on [ · ]October 27, 20182017, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]November 10, 2018 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

Sources: Underwriting Agreement (Savara Inc)

The First Closing Date. Delivery of certificates (if applicableor such other evidence as contemplated by Section 2(f)) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇C▇▇▇▇▇ 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, 20182020, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]November 5, 2018 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

Sources: Underwriting Agreement (BELLUS Health Inc.)

The First Closing Date. Delivery of certificates (if applicableor such other evidence as contemplated by Section 2(f)) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇C▇▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · [●], 2018, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 [●] as the Representatives shall designate by notice to 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

Sources: Underwriting Agreement (BELLUS Health Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of Skadden, Arps, Slate, ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ 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, 20182013, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]October 21, 2018 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

Sources: Underwriting Agreement (Omega Healthcare Investors Inc)

The First Closing Date. Delivery of certificates (if applicable) book-entry positions for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of W▇▇▇▇▇ ▇▇▇▇▇▇ & P▇▇▇▇▇▇▇▇ ▇▇▇▇ and D▇▇▇ 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, 20182019, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]May 31, 2018 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

Sources: Underwriting Agreement (Adma Biologics, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ 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 [ · ], 20182020, or such later time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 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

Sources: Underwriting Agreement (Osmotica Pharmaceuticals PLC)

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

Appears in 1 contract

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

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · [•], 2018[2019], or such later other time and date not later than 1:30 p.m. New York City time, on [ · [•], 2018 [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

Sources: Underwriting Agreement (Tcr2 Therapeutics Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made remotely at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP Procter, LLP, counsel for the Underwriters (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on [ · ]December 12, 2018, 2024 or such later other time and date not later than 1:30 p.m. New York City timetime on December 27, on [ · ], 2018 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

Sources: Underwriting Agreement (ImmunityBio, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇Jefferies, ▇▇▇ & ▇▇▇▇▇▇▇ 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 [ · ], 2018, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ], 2018 ] as the Representatives Representative shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the First Closing Date as originally scheduled include, but are not 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

Sources: Underwriting Agreement (Northwest Pipe Co)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇▇▇▇ LLP ▇▇▇▇▇, New York, 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, 20182021, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]February 5, 2018 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

Sources: Underwriting Agreement (Tcr2 Therapeutics Inc.)

The First Closing Date. Delivery of certificates (if applicable) book-entry positions for the Firm Shares and certificates for the Firm Warrants to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ 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, 20182015, or such later other time and date not later than 1:30 p.m. New York City time, on [ · ]June 22, 2018 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

Sources: Underwriting Agreement (Ocata Therapeutics, Inc.)

The First Closing Date. Delivery of certificates (if applicable) for the Firm Shares to be subscribed for purchased by the Underwriters and payment therefor shall be made at the offices of ▇▇▇▇▇▇ & LLP, ▇▇▇ ▇▇▇▇▇▇▇▇ 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 [ · [●], 20182015, or such later other time and date not later than 1:30 [●] p.m. New York City time, on [ · [●], 2018 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

Sources: Underwriting Agreement (Wave Life Sciences Pte LTD)