Common use of Initial Shares Clause in Contracts

Initial Shares. The Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative may request upon at least forty-eight hours' prior notice to the Company, shall be delivered by or on behalf of the Company to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative by the Company upon at least forty-eight hours' prior notice. The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the Representative, 0000 00xx Xxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representative and the Company). The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Underwriting Agreement (McSi Inc)

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Initial Shares. The Initial Shares to be purchased by each Underwriter the Underwriters hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Underwriters may request upon at least forty-eight hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriters, including, at the option of the RepresentativeUnderwriters, through the facilities of The Depository Trust Company ("DTC") for the account of such any Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative Underwriters by the Company upon at least forty-eight hours' prior notice. The Company will will, upon the request of the Underwriters, cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeLedgewood Law Firm, P.C. located at 0000 00xx Xxxxxx XxxxxXxxxxx, XxxxxxxxxXxxxxxxxxxxx, Xxxxxxxx Xxxxxxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 10:30 a.m., New York City time, on the third (fourthOctober 5, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2004 or on such other time and date shall be agreed to by as the Company and the Representative and the Company)may agree upon in writing. The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Rait Investment Trust

Initial Shares. The Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative may request upon at least forty-eight hours' prior written notice to the Company, shall be delivered by or on behalf of the Company to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative by the Company upon at least forty-eight hours' prior written notice. The To the extent the Representative requests that the Initial Shares be delivered in certificated form and not in book-entry form through the facilities of DTC, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the Representative, 0000 00xx Xxxxxx Xxxxx1001 19th Street North, XxxxxxxxxArlington, Xxxxxxxx 00000Virginia 22209, or at the office of DTC or its designated custodianoffxxx xx XXX xx xxx xxxxxxxxxx xxxxxxxxx, as the case xx xxx xxse may be (the "Designated Office"). The time and date of such delivery of and payment for the Initial Shares shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representative and the Company). The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."" Delivery of and payment for the Initial Shares shall occur at the Richmond, Virginia offices of Hunton & Williams LLP.

Appears in 1 contract

Samples: Underwriting Agreement (New York Mortgage Trust Inc)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Representatives may request upon at least forty-eight hours' prior notice to the Company, Company and the Initial Selling Stockholders shall be delivered by or on behalf of the Company and the Initial Selling Stockholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative Representatives by the Company and each of the Initial Selling Stockholders upon at least forty-eight hours' prior notice. The To the extent the Initial Shares exist in definitive form, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours not later than 1:00 p.m. New York City time on the business day prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeXxxxxx Xxxxxxx Xxxxx & Xxxxxxxxxxx LLP, 0000 00xx Xxxxxx Xxxxx000 Xxxxxxxxxxxx Xxx XX, XxxxxxxxxXxxxx 000, Xxxxxxxx Xxxxxxxxxx, X.X. 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third second (fourththird, if pricing the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representative Representatives and the Company). The time and date at which such delivery and payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Underwriting Agreement (Telos Corp)

Initial Shares. The Initial Shares to be purchased by each Underwriter the Underwriters hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Underwriters may request upon at least forty-eight hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriters, including, at the option of the RepresentativeUnderwriters, through the facilities of The Depository Trust Company ("DTC") for the account of such any Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative Underwriters by the Company upon at least forty-eight hours' prior notice. The Company will will, upon the request of the Underwriters, cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeLedgewood, a professional corporation, located at 0000 00xx Xxxxxx XxxxxXxxxxx, XxxxxxxxxXxxxxxxxxxxx, Xxxxxxxx Xxxxxxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 10:30 a.m., New York City time, on the third (fourthSeptember 20, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2005 or on such other time and date shall be agreed to by as the Company and the Representative and the Company)may agree upon in writing. The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Rait Investment Trust (Rait Investment Trust)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive book-entry form, and in such authorized denominations and registered in such names and amounts as the Representative Representatives may request upon at least forty-eight 48 hours' prior notice to the Company, Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the Representative, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account accounts specified to the Representative Representatives by the Company and each of the Selling Stockholders, upon at least forty-eight 48 hours' prior notice. The To the extent the Initial Shares are delivered in certificated form and not in book-entry form through the facilities of DTC, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours not later than 1:00 p.m. New York City time on the business day prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeXxxxx Fargo Securities, 0000 LLC, 000 Xxxx 00xx Xxxxxx XxxxxXxxxxx, XxxxxxxxxXxx Xxxx, Xxxxxxxx Xxx Xxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth[ ], if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof 2020 (unless another time and date shall be agreed to by the Representative Representatives and the Company) (the “Closing Date”). The time and date at which such delivery and payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Underwriting Agreement (NetSTREIT Corp.)

Initial Shares. The Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative may request upon at least forty-eight hours' prior notice to the Company, Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative by the Company and each of the Selling Stockholders, upon at least forty-eight hours' prior notice. The Company will cause the any certificates representing the Initial Shares to be made available for checking and packaging at least twentyforty-four eight hours prior to the First Closing Time Date (as defined below) with respect thereto at the office of the RepresentativeFriedman, Billings, Xxxxxx & Co., Inc., 0000 00xx Xxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representative and the Company). The time and date at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "First Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of DeliveryDate."

Appears in 1 contract

Samples: Medical Properties Trust Inc

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative may request upon at least forty-eight (48) hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative by the Company Company, as the case may be, upon at least forty-eight (48) hours' prior notice. The Company will cause the certificates representing the Initial Shares to be sold by them to be made available for checking and packaging at least twenty-four (24) hours prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeXxxxxxxx Chance US LLP, 0000 00 Xxxx 00xx Xxxxxx XxxxxXxxxxx, XxxxxxxxxXxx Xxxx, Xxxxxxxx Xxx Xxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representative and the Company). The time and date at which such delivery and payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Underwriting Agreement (Northstar Realty)

Initial Shares. The Initial Shares to be purchased by each Underwriter the Underwriters hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Underwriters may request upon at least forty-eight hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriters, including, at the option of the RepresentativeUnderwriters, through the facilities of The Depository Trust Company ("DTC") for the account of such any Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative Underwriters by the Company upon at least forty-eight hours' prior notice. The Company will will, upon the request of the Underwriters, cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeLedgewood Law Firm, P.C. located at 0000 00xx Xxxxxx XxxxxXxxxxx, XxxxxxxxxXxxxxxxxxxxx, Xxxxxxxx Xxxxxxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 10:30 a.m., New York City time, on the third (fourthMarch 19, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2004 or on such other time and date shall be agreed to by as the Company and the Representative and the Company)may agree upon in writing. The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Rait Investment Trust

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunderhereunder and, to the extent the Initial Shares exist in definitive form, and in such authorized denominations and registered in such names as the Representative Representatives may request upon at least forty-eight hours' prior notice to the Company, Company and the Selling Stockholders shall be delivered by or on behalf of the Company and the Selling Stockholders to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative Representatives by the Company and each of the Selling Stockholders, upon at least forty-eight hours' prior notice. The To the extent the Initial Shares exist in definitive form, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours not later than 1:00 p.m. New York City time on the business day prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeXxxxxx, Xxxx & Xxxxxxxx, 0000 00xx Xxxxxx XxxxxXxxxxxx Xxxx Xxxx, XxxxxxxxxXxx Xxxxxxx, Xxxxxxxx Xxxxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such the delivery of the Initial Shares and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representative Representatives and the Company). The time and date at which such delivery and payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Underwriting Agreement (Century Communities, Inc.)

Initial Shares. The Initial Shares to be purchased by each Underwriter the Underwriters hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Underwriters may request upon at least forty-eight hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriters, including, at the option of the RepresentativeUnderwriters, through the facilities of The Depository Trust Company ("DTC") for the account of such any Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative Underwriters by the Company upon at least forty-eight hours' prior notice. The Company will will, upon the request of the Underwriters, cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeLedgewood Law Firm, P.C. located at 0000 00xx Xxxxxx XxxxxXxxxxx, XxxxxxxxxXxxxxxxxxxxx, Xxxxxxxx Xxxxxxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 10:30 a.m., New York City time, on the third (fourthJune 25, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2004 or on such other time and date shall be agreed to by as the Company and the Representative and the Company)may agree upon in writing. The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Underwriting Agreement (Rait Investment Trust)

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Representatives may request upon at least forty-eight (48) hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the RepresentativeRepresentatives, including, at the option of the RepresentativeRepresentatives, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative Representatives by the Company Company, as the case may be, upon at least forty-eight (48) hours' prior notice. The Company will cause the certificates representing the Initial Shares to be sold by them to be made available for checking and packaging at least twenty-four (24) hours prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeXxxxxxxx Chance US LLP, 0000 00 Xxxx 00xx Xxxxxx XxxxxXxxxxx, XxxxxxxxxXxx Xxxx, Xxxxxxxx Xxx Xxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third fifth (fourthsixth, if pricing the determination of the purchase price of the Initial Shares occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representative Representatives and the Company). The time and date at which such delivery and payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Underwriting Agreement (Northstar Realty)

Initial Shares. The Initial Shares to be purchased by each Underwriter the Underwriters hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Underwriters may request upon at least forty-eight hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriters, including, at the option of the RepresentativeUnderwriters, through the facilities of The Depository Trust Company ("DTC") for the account of such any Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative Underwriters by the Company upon at least forty-eight hours' prior notice. The Company will will, upon the request of the Underwriters, cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeLedgewood Law Firm, P.C. located at 0000 00xx Xxxxxx XxxxxXxxxxx, XxxxxxxxxXxxxxxxxxxxx, Xxxxxxxx Xxxxxxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 10:30 a.m., New York City time, on the third (fourthOctober 27, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2003 or on such other time and date shall be agreed to by as the Company and the Representative and the Company)may agree upon in writing. The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Underwriting Agreement (Rait Investment Trust)

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Initial Shares. The Initial Shares to be purchased by each the Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Underwriter may request upon at least forty-eight hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriter, including, at the option of the RepresentativeUnderwriter, through the facilities of The Depository Trust Company ("DTC") for the account of such the Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid against receipt by the Company, against Company of payment by or on behalf of such the Underwriter of the purchase price therefor by wire transfer of Federal (same-day) immediately available funds to the account specified to the Representative Underwriter by the Company upon at least forty-eight hours' prior notice. The Company will shall cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office offices of the RepresentativeO'Melveny & Xxxxx LLP, 0000 00xx Xxxxxx Xxxxx000 Xxxxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, Xxxxxxxx Xxxxxxxxxx 00000-0000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth[December 11], if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2001 or on such other time and date shall be agreed to by as the Representative Company and the Company)Underwriter may agree upon in writing. The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both either the Initial Shares and or Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Apex Mortgage Capital Inc

Initial Shares. The Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative may request upon at least forty-eight hours' prior written notice to the Company, shall be delivered by or on behalf of the Company to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative by the Company upon at least forty-eight hours' prior written notice. The To the extent the Representative requests that the Initial Shares be delivered in certificated form and not in book-entry form through the facilities of DTC, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the Representative, 0000 00xx Xxxxxx Xxxxx1001 19th Street North, XxxxxxxxxArlington, Xxxxxxxx 00000Virginia 22209, or at the office of DTC or its designated custodianofxxxx xx XXX xx xxx xxxxxxxxxx xxxxxxxxx, as the case xx xxx xase may be (the "Designated Office"). The time and date of such delivery of and payment for the Initial Shares shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representative and the Company). The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."" Delivery of and payment for the Initial Shares shall occur at the Richmond, Virginia offices of Hunton & Williams LLP.

Appears in 1 contract

Samples: New York Mortgage Trust Inc

Initial Shares. The Initial Shares to be purchased by each the Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Underwriter may request upon at least forty-eight hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriter, including, at the option of the RepresentativeUnderwriter, through the facilities of The Depository Trust Company ("DTC") for the account of such the Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such the Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative Underwriter by the Company upon at least forty-eight hours' prior notice. The Company will will, upon the request of the Underwriter, cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeLedgewood Law Firm, P.C. located at 0000 00xx Xxxxxx XxxxxXxxxxx, XxxxxxxxxXxxxxxxxxxxx, Xxxxxxxx Xxxxxxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 10:30 a.m., New York City time, on the third (fourthFebruary 10, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2003 or on such other time and date shall be agreed to by as the Representative Company and the Company)Underwriter may agree upon in writing. The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Rait Investment Trust

Initial Shares. The Initial Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative may request upon at least forty-eight (48) hours' prior notice to the Company, shall be delivered by or on behalf of the Company to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative by the Company Company, upon at least forty-eight (48) hours' prior notice. The To the extent the Representative requests that the Initial Shares be delivered in certificated form and not in book entry through the facilities of DTC, the Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours not later than 1:00 p.m. New York City time on the business day prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeBear, 0000 00xx Xxxxxx XxxxxXxxxxxx & Co., XxxxxxxxxInc. 000 Xxxxxxx Xxxxxx, Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:30 p.m., New York City time) fourth business day after the date hereof (unless another time and date shall be agreed to by the Representative and the Company). The time and date at which such delivery and payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Underwriting Agreement (RAIT Financial Trust)

Initial Shares. The Shares to be purchased by each Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative may request upon at least forty-eight hours' two business days’ prior notice to the Company, Company and the Attorneys-in-Fact shall be delivered by or on behalf of the Company and the Selling Stockholders to the Representative, including, at the option of the Representative, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative by the Company and each of the Selling Stockholders, upon at least forty-eight hours' two business days’ prior notice. The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeFriedman, 0000 Billings, Rxxxxx & Co., Inc., 1000 00xx Xxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourth, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another time and date shall be agreed to by the Representative and the Company). The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of for both Initial Shares and any Option Shares is hereinafter sometimes called the "“Closing Time” and the date of delivery of the Initial Shares and, if applicable, the Option Shares, is hereinafter sometimes called the “Date of Delivery."

Appears in 1 contract

Samples: Underwriting Agreement (Perficient Inc)

Initial Shares. The Shares to be purchased by each the Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Underwriter may request upon at least forty-eight hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriter, including, at the option of the RepresentativeUnderwriter, through the facilities of The Depository Trust Company ("DTC") for the account of such Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative Underwriter by the Company upon at least forty-eight hours' prior notice. The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeUnderwriter, 0000 00xx Xxxxxx Xx. Xxxxx, Xxxxxxxxx, Xxxxxxxx 00000, 00000 or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourthFebruary 20, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2001 or on such other time and date shall be agreed to by as the Representative Company and the Company)Underwriter may agree upon in writing. The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Anthracite Capital Inc

Initial Shares. The Initial Shares to be purchased by each the Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Underwriter may request upon at least forty-eight hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriter, including, at the option of the RepresentativeUnderwriter, through the facilities of The Depository Trust Company ("DTC") for the account of such the Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid by the Company, against payment by or on behalf of such the Underwriter of the purchase price therefor by wire transfer of Federal (same-day) funds to the account specified to the Representative Underwriter by the Company upon at least forty-eight hours' prior notice. The Company will cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office of the RepresentativeLedgewood Law Firm, P.C. located at 0000 00xx Xxxxxx XxxxxXxxxxx, XxxxxxxxxXxxxxxxxxxxx, Xxxxxxxx Xxxxxxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourthMarch 13, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2002 or on such other time and date shall be agreed to by as the Representative Company and the Company)Underwriter may agree upon in writing. The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both Initial Shares and Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Underwriting Agreement (Rait Investment Trust)

Initial Shares. The Initial Shares to be purchased by each the Underwriter hereunder, in definitive form, and in such authorized denominations and registered in such names as the Representative Underwriter may request upon at least forty-forty- eight hours' prior notice to the Company, Company shall be delivered by or on behalf of the Company to the RepresentativeUnderwriter, including, at the option of the RepresentativeUnderwriter, through the facilities of The Depository Trust Company ("DTC") for the account of such the Underwriter, with any transfer taxes payable in connection with the transfer to the Underwriters of the Initial Shares duly paid against receipt by the Company, against Company of payment by or on behalf of such the Underwriter of the purchase price therefor by wire transfer of Federal (same-day) immediately available funds to the account specified to the Representative Underwriter by the Company upon at least forty-eight hours' prior notice. The Company will shall cause the certificates representing the Initial Shares to be made available for checking and packaging at least twenty-four hours prior to the Closing Time (as defined below) with respect thereto at the office offices of the RepresentativeManatt, 0000 00xx Xxxxxx Xxxxx& Xxxxxxxx, LLP, 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000, or at the office of DTC or its designated custodian, as the case may be (the "Designated Office"). The time and date of such delivery and payment shall be 9:30 a.m., New York City time, on the third (fourthSeptember __, if pricing occurs after 4:30 p.m., New York City time) business day after the date hereof (unless another 2001 or on such other time and date shall be agreed to by as the Representative Company and the Company)Underwriter may agree upon in writing. The time at which such payment and delivery are actually made or at which payment and delivery of any Option Shares are actually made is hereinafter sometimes called the "Closing Time" and the date of delivery of both either the Initial Shares and or Option Shares is hereinafter sometimes called the "Date of Delivery."

Appears in 1 contract

Samples: Apex Mortgage Capital Inc

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