Common use of The First Closing Date Clause in Contracts

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such payment and delivery shall be made at 10:00 a.m., New York City time, on June 24, 2013 or such other time and date not later than 1:30 p.m. New York City time, on July 9, 2013 as the 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 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 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 (Gladstone Commercial Corp)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., 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 249, 2013 2023, or such other time and date not later than 1:30 p.m. New York City time, on July 9June 26, 2013 2023 as the Representative Representatives shall designate by notice to the Company and the Attorney-in-Fact on behalf of the Selling Shareholders (the time and date of such closing are called the “First Closing Date”). The Company and the Selling Shareholders hereby acknowledges acknowledge that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company Company, the Selling Shareholders or the Representative 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 (NewAmsterdam Pharma Co N.V.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of Weil, Gotshal & M▇▇▇▇▇ 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 24May 8, 2013 2026, or such other time and date not later than 1:30 p.m. New York City time, on July 9May 8, 2013 2026 as the Representative 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 Representative 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 Representative 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 (Suja Life, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 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., ] New York City time, on June 24February [●], 2013 2021, or such other time and date not later than [1:30 p.m. p.m.] New York City time, on July 9February [●], 2013 2021 as the Representative 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 Representative 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 Representative 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. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of Jefferies, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June 24February 5, 2013 2014, or such other time and date not later than 1:30 p.m. New York City time, on July 9February 20, 2013 2014 as the 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 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 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 (Cytrx Corp)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares Securities to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ 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 June 24March 12, 2013 2026, or such other time and date not later than 1:30 p.m. New York City time, on July 9March 26, 2013 2026 as the Representative 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 Representative 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 Representative 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. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of White & 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 June 24September 25, 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 9September 28, 2013 2020 as the Representative 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 Representative 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 Representative 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. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriter and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Underwriter) at 9:00 a.m. New York City time, on June 2428, 2013 2018, or such other time and date not later than 1:30 p.m. New York City time, on July 913, 2013 2018 as the Representative 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 Representative 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 Representative Underwriter to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11.

Appears in 1 contract

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

The First Closing Date. Payment Delivery of the purchase price for Initial Securities to be purchased by the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.L▇▇▇▇▇ & W▇▇▇▇▇▇ LLP, 3▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June March 24, 2013 2014, or such other time and date not later than 1:30 p.m. New York City time, on July 9March 25, 2013 2014 as the 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 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 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 (Vector Group LTD)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., 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 June 24April 6, 2013 2026 or such other time and date not later than 1:30 p.m. New York City time, on July 9April 6, 2013 2026 or as the Representative 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 Representative 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 Representative 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 (Celldex Therapeutics, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ 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 June 24February 12, 2013 2026, or such other time and date not later than 1:30 p.m. New York City time, on July 9February 27, 2013 2026 as the Representative 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 Representative 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 Representative 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 (Galecto, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such payment and delivery shall be made at 10:00 a.m., New York City time, on June 24November 25, 2013 or such other time and date not later than 1:30 p.m. New York City time, on July December 9, 2013 as the 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 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 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 (Gladstone Commercial Corp)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of L▇▇▇▇▇ & W▇▇▇▇▇▇ LLP, 1▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (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 2412, 2013 2020, or such other time and date not later than 1:30 p.m. (New York City time), on July 9June 26, 2013 2020 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”)) as set forth in Section 2(f) below. The Company hereby acknowledges that circumstances under which the Representative 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 Representative 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 (Mesa Laboratories Inc /Co)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of L▇▇▇▇▇ & W▇▇▇▇▇▇ LLP, 1▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (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 24February 22, 2013 2021, or such other time and date not later than 1:30 p.m. New York City time, on July 9March 8, 2013 2021 as the Representative 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 Representative 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 Representative 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 (ESSA Pharma Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June 24March 6, 2013 2018, or such other time and date not later than 1:30 p.m. New York City time, on July 9March 6, 2013 2018 as the 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 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 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 (Sierra Oncology, Inc.)

The First Closing Date. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of BTIG, ▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June 24July 20, 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 920, 2013 2020 as the 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 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 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 (Inmune Bio, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made remotely at 10:00 a.m.the offices of ▇▇▇▇▇▇▇ 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 June 24December 12, 2013 2024 or such other time and date not later than 1:30 p.m. New York City timetime on December 27, on July 9, 2013 2024 as the Representative 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 Representative 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 Representative 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. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇ Day, ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 9:00 a.m. New York City time, on June 24October 31, 2013 2007 or such other time and date not later than 1:30 p.m. New York City time, on July 9November 15, 2013 2007 as the Representative 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 Representative 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 Representative 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. Payment Delivery of the purchase price book-entry positions for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., the offices of ▇▇▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June 24August 3, 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 9August 17, 2013 2020, as the 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 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 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 (Spectrum Pharmaceuticals Inc)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., 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 24January 8, 2013 2021, or such other time and date not later than 1:30 p.m. New York City time, on July 9January 8, 2013 2021 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”). The Company and the Selling Stockholder hereby acknowledges acknowledge that circumstances under which the Representative Representatives may provide notice to postpone the First Closing Date as originally scheduled include, but are not limited to, any determination by the Company Company, the Selling Stockholder or the Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section ‎Section 11.

Appears in 1 contract

Sources: Underwriting Agreement (AdaptHealth Corp.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.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 24February 16, 2013 2018, or such other time and date not later than 1:30 p.m. New York City timetime on March 5, on July 9, 2013 2018 as the Representative 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 Representative 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 Representative 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 (Pieris Pharmaceuticals, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such payment and delivery shall be made at 10:00 a.m., New York City time, on June 24April 29, 2013 or such other time and date not later than 1:30 p.m. New York City time, on July 9May 13, 2013 as the 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 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 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 (Gladstone Commercial Corp)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.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 24May 14, 2013 2020, or such other time and date not later than 1:30 p.m. (New York City time), on July 9May 28, 2013 2020 as the Representative 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 Representative 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 Representative 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 (Protagonist Therapeutics, Inc)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative Representatives through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such payment and delivery shall be made at 10:00 a.m., New York City time, on June 24October 4, 2013 2019 or such other time and date not later than 1:30 p.m. New York City time, on July 9October 18, 2013 2019 as the Representative 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 Representative 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 Representative 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 (Gladstone Commercial Corp)

The First Closing Date. Payment Delivery of the purchase price book-entry positions for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery 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 10:00 a.m., A.M. New York City time, on June 24March 29, 2013 2021, or such other time and date not later than 1:30 p.m. P.M. New York City time, on July 9April 12, 2013 2021 as the Representative 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 Representative 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 Representative 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 (Evofem Biosciences, Inc.)

The First Closing Date. Payment Delivery of the purchase price certificates for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery of the Firm Offered Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at the offices of ▇▇▇▇▇▇▇ Procter LLP, located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representative) at 10:00 a.m., a.m. New York City time, on June 24September 13, 2013 2011, or such other time and date (not later than 1:30 p.m. New York City timeto exceed seven days from September 13, on July 9, 2013 2011) as the 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 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 Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 1110 hereof.

Appears in 1 contract

Sources: Underwriting Agreement (Raptor Pharmaceutical Corp)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ 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 June 24March 26, 2013 2026, or such other time and date not later than 1:30 p.m. New York City time, on July 9March 26, 2013 2026 as the Representative 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 Representative 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 Representative 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. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., 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 June 24September 25, 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 9September 25, 2013 2020, as the Representative 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 Representative 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 Representative 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. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of C▇▇▇▇▇▇▇▇ & B▇▇▇▇▇▇ LLP, 6▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ (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 24February 11, 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 9February 26, 2013 2020 as the Representative 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 Representative 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 Representative 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 (Corbus Pharmaceuticals Holdings, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.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 24December 7, 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 9December 21, 2013 2020 as the Representative 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 Representative 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 Representative 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 (Codexis, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of L▇▇▇▇▇ & W▇▇▇▇▇▇ LLP, 12670 ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (▇▇ 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 24April 10, 2013 2023, or such other time and date not later than 1:30 p.m. (New York City time), on July 9April 10, 2013 2023 as the Representative 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 Representative 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 Representative 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 (Protagonist Therapeutics, Inc)

The First Closing Date. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of L▇▇▇▇▇ & W▇▇▇▇▇▇ LLP, 1▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (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 24July 13, 2013 2023 or such other time and date not later than 1:30 p.m. New York City time, on July 927, 2013 2023 as the Representative 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 Representative 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 Representative 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 (Iovance Biotherapeutics, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such payment and delivery shall be made at 10:00 a.m., New York City time, on June 246, 2013 2014 or such other time and date not later than 1:30 p.m. New York City time, on July 9June 20, 2013 2014 as the 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 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 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 (Gladstone Commercial Corp)

The First Closing Date. Payment Delivery of the purchase price book-entry positions for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery 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 10:00 a.m., A.M. New York City time, on June 245, 2013 2020, or such other time and date not later than 1:30 p.m. P.M. New York City time, on July 9June 19, 2013 2020 as the Representative 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 Representative 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 Representative 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 (Evofem Biosciences, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., 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 2428, 2013 2024, or such other time and date not later than 1:30 p.m. New York City time, on July 9, 2013 as the Representative shall designate agreed upon by notice to the Company and the Representatives (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative 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 Representative 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 (Addus HomeCare Corp)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., 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 24September 9, 2013 2019, or such other time and date not later than 1:30 p.m. New York City time, on July 9, 2013 as the Representative shall designate agreed upon by notice to the Company and the Representatives (the time and date of such closing are called the “First Closing Date”). The Company hereby acknowledges that circumstances under which the Representative 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 Representative 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 (Addus HomeCare Corp)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June 24July 31, 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 9August 14, 2013 2020 as the 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 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 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 (ESSA Pharma Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares and the Pre-Funded Warrants to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., 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 2417, 2013 2024, or such other time and date not later than 1:30 p.m. New York City time, on July 9June 17, 2013 2024 as the Representative 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 Representative 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 Representative 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. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.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 24[●], 2013 2024, or such other time and date not later than 1:30 p.m. New York City time, on July 9[●], 2013 2024 as the Representative 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 Representative 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 Representative 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 (Silvaco Group, Inc.)

The First Closing Date. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of Jefferies, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June July 24, 2013 2015, or such other time and date not later than 1:30 p.m. New York City time, on July 9August 7, 2013 2015 as the 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 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 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 (Cytrx Corp)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of White & 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 June 24January 28, 2013 2019, or such other time and date not later than 1:30 p.m. New York City time, on July 9January 29, 2013 2019 as the Representative 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 Representative 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 Representative 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. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June 24April 12, 2013 2017, or such other time and date not later than 1:30 p.m. New York City time, on July 9April 26, 2013 2017 as the 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 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 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 (Codexis Inc)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.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 24[•], 2013 2021, or such other time and date not later than 1:30 p.m. New York City time, on July 9[•], 2013 2021 as the Representative 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 Representative 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 Representative 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 (Ventyx Biosciences, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.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 24August 12, 2013 2019, or such other time and date not later than 1:30 p.m. (New York City time), on July 9August 23, 2013 2019 as the Representative Representatives shall designate by notice to the Company (the time and date of such closing are called the “First Closing Date”)) as set forth in Section 2(f) below. The Company hereby acknowledges that circumstances under which the Representative 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 Representative 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 (Mesa Laboratories Inc /Co)

The First Closing Date. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP , ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Menlo Park, California 94025 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June 24August 23, 2013 2016, or such other time and date not later than 1:30 p.m. New York City time, on July 9September 7, 2013 2016 as the 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 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 Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11Sections 11 and 19.

Appears in 1 contract

Sources: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)

The First Closing Date. Payment Delivery of the purchase price certificates or book-entry positions for the Firm Shares shall Securities to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ LLP, New York, NY (or such other place as may be agreed to by the Company and the Representatives) at 3:00 a.m. New York City time, on June 24November 6, 2013 2023, or such other time and date not later than 1:30 p.m. 10:00 a.m. New York City timetime on the tenth business day thereafter, on July 9, 2013 as the Representative 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 Representative 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 Representative 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. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ LLP, ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, New York, New York 10001-2157 (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June 24August 18, 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 9August 18, 2013 2020 as the 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 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 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. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such payment and delivery shall be made at 10:00 a.m., New York City time, on June 24July 25, 2013 2017 or such other time and date not later than 1:30 p.m. New York City time, on July 925, 2013 2017 as the 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 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 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 (Gladstone Commercial Corp)

The First Closing Date. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of Jefferies LLC, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 11:00 a.m. New York City time, on June 24March 23, 2013 2018, or such other time and date not later than 1:30 p.m. New York City time, on July 9April 6, 2013 2018 as the Representative 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 Representative 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 Representative 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. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ 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 24[●], 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 9[●], 2013 2020 as the Representative 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 Representative 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 Representative 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. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of L▇▇▇▇▇ & W▇▇▇▇▇▇ LLP, 1▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (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 2418, 2013 2021, or such other time and date not later than 1:30 p.m. (New York City time), on July 92, 2013 2021 as the Representative 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 Representative 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 Representative 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 (Protagonist Therapeutics, Inc)

The First Closing Date. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at the offices of Jefferies LLC, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m., a.m. New York City time, on June 24May 30, 2013 2017, or such other time and date not later than 1:30 p.m. New York City time, on July 9June 13, 2013 2017 as the Representative 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 Representative 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 Representative 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. Payment Delivery of the purchase price certificates for the Firm Shares shall and the Pre-Funded Warrants to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., 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 24March 15, 2013 2021, or such other time and date not later than 1:30 p.m. New York City time, on July 9March 15, 2013 2021 as the Representative 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 Representative 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 Representative 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. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June 2415, 2013 2015, or such other time and date not later than 1:30 p.m. New York City time, on July 9June 29, 2013 2015 as the 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 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 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 (Heron Therapeutics, Inc. /De/)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of C▇▇▇▇▇▇▇▇ & B▇▇▇▇▇▇ LLP, 6▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ (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 24January 29, 2013 2019, or such other time and date not later than 1:30 p.m. New York City time, on July 9February 8, 2013 2019 as the Representative 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 Representative 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 Representative 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 (Corbus Pharmaceuticals Holdings, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ 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 June 24[●], 2013 2024, or such other time and date not later than 1:30 p.m. New York City time, on July 9[●], 2013 2024 as the Representative 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 Representative 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 Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 11‎Section 12.

Appears in 1 contract

Sources: Underwriting Agreement (Apogee Therapeutics, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares and Pre-Funded Warrants to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., the offices of ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇ LLP (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June 24January 30, 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 9February 7, 2013 2020 as the 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 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 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. Payment Delivery of the purchase price certificates for the Firm Shares shall and Firm Warrants to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ LLP, ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, New York City York, NY 10001 (or such other place as may be agreed to by the Company and the Representative) at 10:00 a.m. Eastern time, on June 24February 4, 2013 2021, or such other time and date not later than 1:30 4:00 p.m. New York City Eastern time, on July 9February 4, 2013 2021, as the 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 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 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 (Ur-Energy Inc)

The First Closing Date. Payment Delivery of the purchase price certificates for the Firm Shares shall and the Pre-Funded Warrants to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., 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 June 24October 27, 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 9November 10, 2013 2020 as the Representative 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 Representative 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 Representative Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section ‎Section 11.

Appears in 1 contract

Sources: Underwriting Agreement (Milestone Pharmaceuticals Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such payment and delivery shall be made at 10:00 a.m., New York City time, on June 24September 29, 2013 2014 or such other time and date not later than 1:30 p.m. New York City time, on July 9September 29, 2013 2014 as the 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 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 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 (GLADSTONE LAND Corp)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares Shares, Firm Warrants and 10,800,000 Pre-Funded Warrants to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., 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 2412, 2013 2025, or such other time and date not later than 1:30 p.m. New York City time, on July 9June 23, 2013 2025 as the Representative 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 Representative 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 Representative 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 (Cabaletta Bio, Inc.)

The First Closing Date. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at the offices of Jefferies LLC, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m., a.m. New York City time, on June April 24, 2013 2018, or such other time and date not later than 1:30 p.m. New York City time, on July 9May 8, 2013 2018 as the Representative 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 Representative 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 Representative 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 (Rigel Pharmaceuticals Inc)

The First Closing Date. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m., 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 2430, 2013 2020, or such other time and date not later than 1:30 p.m. New York City time, on July 915, 2013 2020 as the Representative 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 Representative 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 Representative 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. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.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 24April 18, 2013 2017, or such other time and date not later than 1:30 p.m. New York City time, on July 9April 19, 2013 2017 as the Representative 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 Representative 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 Representative 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. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of C▇▇▇▇▇ LLP, 5▇ ▇▇▇▇▇▇ ▇▇▇▇▇, 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 June 24[●], 2013 2023, or such other time and date not later than 1:30 p.m. New York City time, on July 9[●], 2013 2023 as the Representative 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 Representative 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 Representative 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. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of L▇▇▇▇▇ & W▇▇▇▇▇▇ LLP, 8▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representative) at 9:00 a.m. New York City time, on June 2422, 2013 2016, or such other time and date not later than 1:30 p.m. New York City time, on July 9June 22, 2013 2016 as the 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 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 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 (BioScrip, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares Securities to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at the offices of DLA Piper LLP (US), ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at or before 10:00 a.m., a.m. New York City time, on June 24November 19, 2013 2018 or such other time and date not later than 1:30 5:00 p.m. New York City time, on July 9November 26, 2013 2018 as the Representative 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 Representative 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 Representative 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 (Helius Medical Technologies, Inc.)

The First Closing Date. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Menlo Park, California 94025 (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 24, 2013 2018, or such other time and date not later than 1:30 p.m. New York City time, on July 9, 2013 2018 as the Representative 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 Representative 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 Representative 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 19.

Appears in 1 contract

Sources: Underwriting Agreement (Menlo Therapeutics, Inc.)

The First Closing Date. Payment of the purchase price for the Firm Shares shall be made to the Company by Federal Funds wire transfer, against delivery Delivery of the Firm Shares Securities to be purchased by the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery 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 10:00 a.m., a.m. New York City time, on June 24May 11, 2013 2026, or such other time and date not later than 1:30 p.m. New York City time, on July 9May 26, 2013 2026 as the Representative 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 Representative 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 Representative 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. Payment Delivery of the purchase price certificates for the Firm Shares shall to be made to purchased by the Company by Federal Funds wire transfer, against delivery of the Firm Shares to the Representative through the facilities of the Depository Trust Company (“DTC”) for the respective accounts of the Underwriters. Such Underwriters and payment and delivery therefor shall be made at 10:00 a.m.the offices of ▇.▇. ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ (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 February 24, 2013 2015, or such other time and date not later than 1:30 p.m. New York City time, on July 9March 3, 2013 2015 as the Representative 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 Representative 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 Representative 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)