Common use of The First Closing Date Clause in Contracts

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 8:00 a.m. New York time, on December 14, 2009 or such other time and date not later than 1:30 p.m. New York time, on December 29, 2009 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 in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: Underwriting Agreement (Westport Innovations Inc)

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The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxxxx Procter LLP, 000 Xxxxxxx 0xx Xxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 14September 24, 2009 2019, or such other time and date not later than 1:30 p.m. New York 10:00 a.m. Eastern time, on December 29October 1, 2009 2019 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (HTG Molecular Diagnostics, Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Wxxxxx Xxxxxx Pxxxxxxxx Xxxx and Dxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York City time, on December 14November 10, 2009 2023 or such other time and date not later than 1:30 p.m. New York City time, on December 29November 10, 2009 2023 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 in no way not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Celldex Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxxx LLP, 000 Xxxxxxx Xxxxxx00 Xxxxxx Xxxxx, Xxx XxxxNew York, Xxx Xxxx NY 10001 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 14February 20, 2009 2020 or such other time and date not later than 1:30 4 p.m. New York Eastern time, on December 29March 2, 2009 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus Prospectuses or a delay as contemplated by the provisions of Section 1012.

Appears in 1 contract

Samples: Underwriting Agreement (Energy Fuels Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxx Xxxxxx LLP, 000 Xxxxxxx Xxxxxx0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 14June 28, 2009 2021, or such other time and date not later than 1:30 4:00 p.m. New York Eastern time, on December 29July 6, 2009 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Portage Biotech Inc.

The First Closing Date. Delivery through the facilities of certificates for DTC of the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxx Xxxxxx LLP, 000 Xxxxxxx Xxxxxx0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 14November 17, 2009 2020 or such other time and date not later than 1:30 4:00 p.m. New York Eastern time, on December 29November 27, 2009 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Cassava Sciences (Cassava Sciences Inc)

The First Closing Date. Delivery of certificates the book-entry positions for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 Xxxxxxxxx & Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York City time, on December 14January 28, 2009 2019, or such other time and date not later than 1:30 p.m. New York City time, on December 29February 11, 2009 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 in no way not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (UroGen Pharma Ltd.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxx Day, 000 Xxxxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York time, on December 14October 31, 2009 2007 or such other time and date not later than 1:30 p.m. New York time, on December 29November 15, 2009 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 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 U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

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

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesCxxxxx LLP, 000 Xxxxxxx 500 Xxxxxxxx Xxxxxx, Xxx XxxxXxxxxx, Xxx Xxxx Xxxxxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York City time, on December 14March 5, 2009 2021, or such other time and date not later than 1:30 p.m. New York time, on December 29, 2009 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 in no way not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Morphic Holding, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares Securities to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxxx LLP, 000 Xxxxxxx Xxxxxx00 Xxxxxx Xxxxx, Xxx XxxxNew York, Xxx Xxxx NY 10001-2157 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York City time, on December 14August 15, 2009 2022, or such other time and date not later than 1:30 p.m. New York City time, on December August 29, 2009 2022 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 in no way not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Verona Pharma PLC)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 500 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) Representative at 8:00 9:00 a.m. New York time, on December 14May 9, 2009 2006, or such other time and date not later than 1:30 p.m. New York time, on December 29May 23, 2009 2006 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 in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: Underwriting Agreement (Spectranetics Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 8:00 9:00 a.m. New York time, on December 14November 22, 2009 2010, or such other time and date not later than 1:30 p.m. New York time, on December 292, 2009 2010, 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 in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: Underwriting Agreement (Avanir Pharmaceuticals, Inc.)

The First Closing Date. Delivery by electronic book-entry of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxxx LLP, 000 Xxxxxxx Xxxxxx0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 14January 30, 2009 2018, or such other time and date not later than 1:30 4:00 p.m. New York Eastern time, on December 29January 30, 2009 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Strongbridge Biopharma PLC)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York time, on December 14March 4, 2009 2014, or such other time and date not later than 1:30 p.m. New York time, on December 29March 11, 2009 2014 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 in no way not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Neurocrine Biosciences Inc)

The First Closing Date. Delivery of certificates book-entry entitlements for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesDentons US LLP, 000 Xxxxxxx Xxxxxx1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 14August 27, 2009 2020, or such other time and date not later than 1:30 1:00 p.m. New York Eastern time, on December 29August 27, 2009 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (NanoVibronix, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares and the Pre-Funded Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxxxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York City time, on December 14March 15, 2009 2021, or such other time and date not later than 1:30 p.m. New York City time, on December 29March 15, 2009 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 in no way not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Savara Inc)

The First Closing Date. Delivery of certificates for the Firm Shares and the Warrants to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesDLA Piper LLP (US), 000 Xxxxxxx Xxxxx Xxxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx XX, 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 or before 10:00 a.m. New York Eastern time, on December 14April 13, 2009 2018 or such other time and date not later than 1:30 5:00 p.m. New York Eastern time, on December 29April 18, 2009 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 in no way not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

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

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the Representative) at 8:00 9:00 a.m. New York time, on December 14February 8, 2009 2006 or such other time and date not later than 1:30 p.m. New York time, on December 29February 23, 2009 2006 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 in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 10.

Appears in 1 contract

Samples: KFX Inc

The First Closing Date. Delivery of certificates book-entry entitlements for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesDentons US LLP, 000 Xxxxxxx Xxxxxx1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 14November 29, 2009 2021, or such other time and date not later than 1:30 1:00 p.m. New York Eastern time, on December November 29, 2009 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Outlook Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxxxx Xxxxxx Xxxxxxxxx Xxxx and Xxxx LLP (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York City time, on December 14August 19, 2009 2022, or such other time and date not later than 1:30 p.m. New York City time, on December 29September 2, 2009 2022 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 in no way not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

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

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The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesDxxxx Xxxxxx LLP, 000 Xxxxxxx Xxxxxx1000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December April 14, 2009 2022, or such other time and date not later than 1:30 4:00 p.m. New York Eastern time, on December 29April 25, 2009 2022 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Terawulf Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxx Xxxxxx LLP, 000 Xxxxxxx Xxxxxx0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 14October 31, 2009 2023 or such other time and date not later than 1:30 5:30 p.m. New York Eastern time, on December 29November 10, 2009 2023 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Theratechnologies Inc.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxxx LLP, 000 Xxxxxxx Xxxxxx0000 Xxxxxx xx xxx -00- Xxxxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 14September 27, 2009 2018 or such other time and date not later than 1:30 4:00 p.m. New York Eastern time, on December 29October 8, 2009 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Opiant Pharmaceuticals, Inc.

The First Closing Date. Delivery by electronic book-entry of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxxx LLP, 000 Xxxxxxx Xxxxxx00 Xxxxxx Xxxxx, Xxx XxxxNew York, Xxx Xxxx New York 10001 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 10:00 a.m. New York Eastern time, on December August 14, 2009 2020, or such other time and date not later than 1:30 4:00 p.m. New York Eastern time, on December 29August 24, 2009 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 in no way not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Pacific Biosciences of California, Inc.

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 Xxxxxxx XxxxxxXxxxx, Xxx Xxxxxx Xxxx, Xxx Xxxx New York, New York 10036 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York time, on December 14January 12, 2009 2016, or such other time and date not later than 1:30 p.m. New York time, on December 29January 26, 2009 2016 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 in no way not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

The First Closing Date. Delivery of certificates book-entry entitlements for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesDentons US LLP, 000 Xxxxxxx Xxxxxx1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 14February 2, 2009 2021, or such other time and date not later than 1:30 1:00 p.m. New York Eastern time, on December 29February 2, 2009 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Outlook Therapeutics, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at through the offices facilities of JefferiesThe Depository Trust Company (“DTC”), 000 Xxxxxxx XxxxxxNew York, Xxx Xxxx, Xxx Xxxx New York (or such other place as may be agreed to by the Company and the Representative) against payment of the purchase price therefor at 8:00 10:00 a.m. New York Eastern time, on December 14February 8, 2009 2021, or such other time and date not later than 1:30 4:00 p.m. New York Eastern time, on December 29February 22, 2009 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Durect Corp)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxxx LLP, 000 Xxxxxxx Xxxxxxxx Xxxxxx, Xxx XxxxXxxxxx, Xxx Xxxx Xxxxxxxxxxxxx 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York City time, on December 14[·], 2009 2019, or such other time and date not later than 1:30 p.m. New York time, on December 29, 2009 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 in no way not limited to, any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Morphic Holding, Inc.)

The First Closing Date. Delivery of certificates for the Firm Common Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesXxxxx, 000 Xxxxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx XX 00000 (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York time, on December 14[ ], 2009 2004, or such other time and date not later than 1:30 p.m. New York time, on December 29[ ], 2009 2004 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 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 U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Displaytech Inc)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesCxxxxx LLP, 000 Xxxxxxx Xxxxxx50 Xxxxxx Xxxxx, Xxx XxxxNew York, Xxx Xxxx NY 10001 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 1410, 2009 2020, or such other time and date not later than 1:30 4:00 p.m. New York Eastern time, on December 2924, 2009 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (iBio, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or such other place as may be agreed to by the Company and the RepresentativeRepresentatives) at 8:00 9:00 a.m. New York time, on December 14March 2, 2009 2011, or such other time and date not later than 1:30 p.m. New York time, on December 29March 16, 2009 2011 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 in no way limited to, include any determination by the Company or the Representative Representatives to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Limelight Networks, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of Jefferies, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as may be agreed to by the Company and the Representative) at 8:00 9:00 a.m. New York time, on December 14February 1, 2009 or 2010,or such other time and date not later than 1:30 p.m. New York time, on December 29February 4, 2009 2010 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 in no way limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Fushi Copperweld, Inc.)

The First Closing Date. Delivery of certificates for the Firm Shares to be purchased by the Underwriters and payment therefor shall be made at the offices of JefferiesCxxxxx LLP, 000 Xxxxxxx Xxxxxx50 Xxxxxx Xxxxx, Xxx XxxxNew York, Xxx Xxxx NY 10001 (or such other place as may be agreed to by the Company and the Representative) at 8:00 10:00 a.m. New York Eastern time, on December 14June 18, 2009 2020 or such other time and date not later than 1:30 4:00 p.m. New York Eastern time, on December 29July 2, 2009 2020 or 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 in no way not limited to, any determination by the Company or the Representative to recirculate to the public copies of an amended or supplemented U.S. Final Prospectus or a delay as contemplated by the provisions of Section 1011.

Appears in 1 contract

Samples: Underwriting Agreement (Celldex Therapeutics, Inc.)

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