Delivery and Payment Clause Example with 75 Variations from Business Contracts
This page contains Delivery and Payment clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Delivery and Payment. Delivery of and payment for the Underwritten Securities and the Option Securities (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) shall be made on the date and at the time specified in Schedule I hereto or at such time on such later date not more than three Business Days after the foregoing date as the Representatives shall designate, which date and time may be postponed by agreement between ...the Representatives and the Company or as provided in Section 9 hereof (such date and time of delivery and payment for the Securities being herein called the "Closing Date"). Delivery of the Securities shall be made to the Representatives for the respective accounts of the several Underwriters against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Underwritten Securities and the Option Securities shall be made 16 through the facilities of The Depository Trust Company unless the Representatives shall otherwise instruct. If the option provided for in Section 2(b) hereof is exercised after the third Business Day immediately preceding the Closing Date, the Company will deliver the Option Securities (at the expense of the Company) to the Representatives, through the facilities of The Depository Trust Company, unless the Representatives shall otherwise instruct, on the date specified by the Representatives (which shall be within three Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. If settlement for the Option Securities occurs after the Closing Date, the Company will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 hereof.View More
Variations of a "Delivery and Payment" Clause from Business Contracts
Delivery and Payment. Delivery of of, and payment for for, the Underwritten Securities and the Option Securities (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) Notes shall be made at the office, on the date and at the time specified in Schedule I hereto or at such time on such later date not more than three Business Days after the foregoing date as the Representatives shall designate, II hereto, which date and ti...me may be postponed by agreement between the Representatives and the Company or as provided in Section 9 10 hereof (such date and time of delivery and payment for the Securities Notes being herein called the "Closing Date"). Delivery of the Securities Notes to be purchased on the Closing Date shall be made to the Representatives for the respective accounts of the several Underwriters Underwriters, with any transfer taxes payable in connection with the sale of such Notes duly paid by the Company, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon in the order of the Company by wire transfer payable manner set forth in same-day funds to an account specified by the Company. Schedule II hereto. Delivery of the Underwritten Securities and the Option Securities shall Notes will be made 16 through the facilities of The Depository Trust Company unless the Representatives shall otherwise instruct. If the option provided for as set out in Section 2(b) hereof is exercised after the third Business Day immediately preceding the Closing Date, the Company will deliver the Option Securities (at the expense of the Company) to the Representatives, through the facilities of The Depository Trust Company, unless the Representatives shall otherwise instruct, on the date specified by the Representatives (which shall be within three Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. If settlement for the Option Securities occurs after the Closing Date, the Company will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 hereof. Schedule II. View More
Delivery and Payment. Delivery of and payment for the Underwritten Initial Securities and the Option Securities (if the option provided for in Section 2(b) 4(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) shall be made at 10:00 AM, Eastern Daylight Time, on the date and at the time specified in Schedule I hereto March 27, 2017, or at such time on such later date not more than three Business Days after the foregoing date as the Representatives shall desi...gnate, which date and time may be postponed by agreement between among the Representatives Representatives, the Issuer and the Company or as provided in Section 9 hereof Forward Sellers (such date and time of delivery and payment for the Securities being herein called the "Closing Date"). For purposes herein, "Business Day" shall have the meaning of any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions or trust companies are authorized or obligated by law to close in New York, New York. Delivery of the Securities shall be made to the Representatives for the respective accounts of the several Underwriters against payment by the several Underwriters through the Representatives of the respective aggregate purchase price thereof prices of the Securities being sold by the Issuer (with respect to the Issuer Securities, including the Issuer Top-Up Option Securities, if exercised) or the Forward Sellers (with respect to the Borrowed Securities, including the Borrowed Option Securities, if exercised), as the case may be, to or upon the order of the Company Issuer (with respect to the Issuer Securities, including the Issuer Top-Up Option Securities, if exercised) or the Forward Sellers (with respect to the Borrowed Securities, including the Borrowed Option Securities, if exercised), as the case may be, by wire transfer payable in same-day funds to an account the accounts specified by the Company. Issuer (with respect to the Issuer Securities, including the Issuer Top-Up Option 18 Securities, if exercised) or the Forward Sellers (with respect to the Borrowed Securities, including the Borrowed Option Securities, if exercised), as the case may be. Delivery of the Underwritten Initial Securities and the Option Securities (if exercised) shall be made 16 through the facilities of The Depository Trust Company unless the Representatives shall otherwise instruct. Company. If the option provided for in Section 2(b) 4(b) hereof is exercised after the third Business Day immediately preceding the Closing Date, (i) the Company Forward Sellers will deliver the Borrowed Option Securities (at the expense of the Company) to the Representatives, through the facilities of The Depository Trust Company, unless the Representatives shall otherwise instruct, c/o Jefferies LLC, at 520 Madison Avenue, New York, New York 10022 or c/o Citigroup Global Markets Inc., at 388 Greenwich Street, New York, New York 10013, on the date specified by the Representatives (which shall be within three Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company Forward Sellers by wire transfer payable in same-day funds to an account the accounts specified by the Company. Forward Sellers or (ii) if applicable, the Issuer will deliver the Issuer Top-Up Option Securities (at the expense of the Issuer) to the Representatives, c/o Jefferies LLC, at 520 Madison Avenue, New York, New York 10022 or c/o Citigroup Global Markets Inc., at 388 Greenwich Street, New York, New York 10013, on the date specified by the Representatives (which shall be within three Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Issuer by wire transfer payable in same-day funds to the accounts specified by the Issuer. If settlement for the Option Securities occurs after the Closing Date, the Company Forward Sellers or Issuer, as applicable, will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 9 hereof. View More
Delivery and Payment. Delivery of and payment for the Underwritten Initial Securities and the Option Securities (if the option provided for in Section 2(b) 4(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) shall be made at 10:00 AM, Eastern Daylight Time, on the date and at the time specified in Schedule I hereto June 7, 2016, or at such time on such later date not more than three Business Days after the foregoing date as the Representatives shall design...ate, which date and time may be postponed by agreement between among the Representatives Representatives, the Issuer, the Forward Sellers and the Company or as provided in Section 9 hereof Selling Stockholders (such date and time of delivery and payment for the Securities being herein called the "Closing Date"). For purposes herein, "Business Day" shall have the meaning of any day other than a Saturday, a Sunday or a legal holiday or a day on 20 which banking institutions or trust companies are authorized or obligated by law to close in New York, New York. Delivery of the Securities shall be made to the Representatives for the respective accounts of the several Underwriters against payment by the several Underwriters through the Representatives of the respective aggregate purchase price thereof prices of the Securities being sold by the Issuer (with respect to the Issuer Securities and the Option Securities, if exercised) and each of the Selling Stockholders (with respect to the Selling Stockholders Initial Securities) or the Forward Sellers (with respect to the Borrowed Initial Securities), as the case may be, to or upon the order of the Company Issuer (with respect to the Issuer Securities and the Option Securities, if exercised) and the Selling Stockholders (with respect to the Selling Stockholders Initial Securities) or the Forward Sellers (with respect to the Borrowed Initial Securities), as the case may be, by wire transfer payable in same-day funds to an account the accounts specified by the Company. Issuer (with respect to the Issuer Securities and the Option Securities, if exercised) and the Selling Stockholders (with respect to the Selling Stockholders Initial Securities) or the Forward Sellers (with respect to the Borrowed Initial Securities), as the case may be. Delivery of the Underwritten Issuer Securities, the Borrowed Initial Securities and the Option Securities (if exercised) shall be made 16 through the facilities of The Depository Trust Company unless the Representatives shall otherwise instruct. The Issuer agrees to have the Securities available for inspection, checking and packaging by the Representatives in New York, New York, not later than 1:00 PM on the Business Day prior to the Closing Date. Each Selling Stockholder will pay all applicable state transfer taxes, if any, involved in the transfer to the several Underwriters of the Securities to be purchased by them from such Selling Stockholder and the respective Underwriters will pay any additional stock transfer taxes involved in further transfers. If the option provided for in Section 2(b) 4(b) hereof is exercised after the third Business Day immediately preceding the Closing Date, the Company Issuer will deliver the Option Securities (at the expense of the Company) Issuer) to the Representatives, through the facilities of The Depository Trust Company, unless the Representatives shall otherwise instruct, at 388 Greenwich Street, New York, New York, on the date specified by the Representatives (which shall be within three Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company Issuer by wire transfer payable in same-day funds to an account the accounts specified by the Company. Issuer. If settlement for the Option Securities occurs after the Closing Date, the Company Issuer will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 9 hereof. View More
Delivery and Payment. Delivery of and payment for the Underwritten Securities and the Option Securities (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) shall be made at 10:00 AM, Eastern Standard Time, on the date and at the time specified in Schedule I hereto July 29, 2016, or at such time on such later 13 date not more than three Business Days after the foregoing date as the Representatives shall designate, whic...h date and time may be postponed by agreement between the Representatives and the Company Issuer or as provided in Section 9 hereof (such date and time of delivery and payment for the Securities being herein called the "Closing Date"). For purposes herein, "Business Day" shall have the meaning of any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions or trust companies are authorized or obligated by law to close in New York, New York. Delivery of the Securities shall be made to the Representatives for the respective accounts of the several Underwriters against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company Issuer by wire transfer payable in same-day funds to an account specified by the Company. Issuer. Delivery of the Underwritten Securities and the Option Securities shall be made 16 through the facilities of The Depository Trust Company unless the Representatives shall otherwise instruct. If the option provided for in Section 2(b) hereof is exercised after the third Business Day immediately preceding the Closing Date, the Company will deliver the Option Securities (at the expense of the Company) to the Representatives, through the facilities of The Depository Trust Company, unless the Representatives shall otherwise instruct, on the date specified by the Representatives (which shall be within three Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. If settlement for the Option Securities occurs after the Closing Date, the Company will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 hereof.View More
Delivery and Payment. Delivery of and payment for the Underwritten Securities and the Option Securities (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) shall be made at 10:00 a.m., London time, on the date and at the time specified in Schedule I hereto or at such time on such later date not more than three Business Days after the foregoing date as the Representatives shall designate, December 13, 2016, which date ...and time may be postponed by agreement between the Representatives and the Company or as provided in Section 9 hereof (such date and time of delivery and payment for the Securities being herein called the "Closing Date"). Delivery of the Securities shall be made to the Representatives for the respective accounts of the several Underwriters against payment by the several Underwriters through the Representatives of the purchase price prices thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Underwritten Securities and purchased by the Option Securities Underwriters shall be made 16 through the facilities of The Depository Trust Company Euroclear Bank, SA/NV, as operator of the Euroclear System ("Euroclear"), and Clearstream Banking, SA ("Clearstream") unless the Representatives shall otherwise instruct. If the option provided for in Section 2(b) hereof is exercised after the third Business Day immediately preceding the Closing Date, the Company will deliver the Option Securities (at the expense of the Company) to the Representatives, through the facilities of The Depository Trust Company, unless the Representatives shall otherwise instruct, on the date specified by the Representatives (which shall be within three Business Days after exercise of said option) Certificates for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. If settlement for the Option Securities occurs after the Closing Date, the Company will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates registered in such names and letters confirming in such denominations as the Representatives may request not less than two Business Days in advance of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 hereof. Date. View More
Delivery and Payment. Delivery of and payment for the Underwritten Securities and the Option Securities (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) shall be made at 10:00 a.m. (New York City time) at Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, NY 10036 on the date and at the time specified in Schedule I hereto or at such time on such later date not more than three Business Days after... the foregoing date as the Representatives shall designate, August 19, 2016, which date and time may be postponed by agreement between the Representatives and the Company or as provided in Section 9 hereof (such date and time of delivery and payment for the Securities being herein called the "Closing Date"). Delivery of the Securities shall be made to the Representatives for the respective accounts of the several Underwriters against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Underwritten Securities and the Option Securities shall be made 16 through the facilities of The Depository Trust Company unless the Representatives shall otherwise instruct. If the option provided for in Section 2(b) hereof 7 4. Offering by Underwriters. It is exercised after the third Business Day immediately preceding the Closing Date, the Company will deliver the Option Securities (at the expense of the Company) to the Representatives, through the facilities of The Depository Trust Company, unless the Representatives shall otherwise instruct, on the date specified by the Representatives (which shall be within three Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by understood that the several Underwriters through propose to, and they hereby represent that they will, offer the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. If settlement Securities for the Option Securities occurs after the Closing Date, the Company will deliver sale to the Representatives on public as set forth in the settlement date for the Option Securities, Disclosure Package and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 hereof. Final Prospectus. View More
Delivery and Payment. Delivery of and payment for the Underwritten Securities and the Option Securities (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) shall be made on the date and at the time specified in Schedule I hereto or at such time on such later date not more than three ten Business Days after the foregoing date of this Agreement as the Representatives shall designate, which date and time may be postponed... by agreement between the Representatives and the Company or as provided in Section 9 hereof (such date and time of delivery and payment for the Securities being herein called the "Closing Date"). The Company shall deliver to the Representatives for the accounts of the several Underwriters through the Common Depositary certificates for the Securities at the Closing Date against the irrevocable release of a wire transfer in immediately available funds of the amount of the purchase price (expressed as a percentage of principal amount) set forth in Schedule I hereto, multiplied by the principal amount set forth in Schedule II hereto, into such account or accounts as the Company shall specify prior to the Closing Date. Delivery of the Securities shall be made to the Representatives for the respective accounts of the several Underwriters against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. Delivery of the Underwritten Securities and the Option Securities shall be made 16 through the facilities of The Depository Trust Company Euroclear and Clearstream unless the Representatives shall otherwise instruct. If Certificates for the option provided for Securities shall be in Section 2(b) hereof is exercised after such denominations as the third Representatives may request not less than two Business Day immediately preceding Days in advance of the Closing Date, Date and held by the Company will deliver the Option Securities (at the expense of the Company) to the Representatives, Common Depositary through the facilities of The Depository Trust Company, unless its nominee for Euroclear and Clearstream, as the Representatives shall otherwise instruct, on may request. The Company agrees to have the date specified Securities available for inspection, checking and packaging by the Representatives (which shall be within three in New York, New York, no later than two Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof prior to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. If settlement for the Option Securities occurs after the Closing Date, the Company will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 hereof. Date. View More
Delivery and Payment. Delivery of and payment for the Underwritten Securities and the Option Securities (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) shall be made at 10:00 AM, Eastern Standard Time, on the date and at the time specified in Schedule I hereto March 1, 2016, or at such time on such later date not more than three Business Days after the foregoing date as the Representatives shall designate, which d...ate and time may be postponed by agreement between the Representatives and the Company Issuer or as provided in Section 9 hereof (such date and time of delivery and payment for the Securities being herein called the "Closing Date"). For purposes herein, "Business Day" shall have the meaning of any day other than a Saturday, a Sunday or a legal holiday or a day on which banking institutions or trust companies are authorized or obligated by law to close in New York, New York. Delivery of the Securities shall be made to the Representatives for the respective accounts of the several Underwriters against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company Issuer by wire transfer payable in same-day funds to an account specified by the Company. Issuer. Delivery of the Underwritten Securities and the Option Securities shall be made 16 through the facilities of The Depository Trust Company unless the Representatives shall otherwise instruct. If the option provided for in Section 2(b) hereof is exercised after the third Business Day immediately preceding the Closing Date, the Company will deliver the Option Securities (at the expense of the Company) to the Representatives, through the facilities of The Depository Trust Company, unless the Representatives shall otherwise instruct, on the date specified by the Representatives (which shall be within three Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. If settlement for the Option Securities occurs after the Closing Date, the Company will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 hereof.View More
Delivery and Payment. Delivery of of, and payment for for, the Underwritten Securities and the Option Securities (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) Shares shall be made at the office, on the date and at the time specified in Schedule I hereto or at such time on such later date not more than three Business Days after the foregoing date as the Representatives shall designate, II hereto, which date and t...ime may be postponed by agreement between the Representatives Representative and the Company or as provided in Section 9 8 hereof (such date and time of delivery and payment for the Securities Shares being herein called the "Closing Date"). Delivery of the Securities Shares to be purchased on the Closing Date shall be made to the Representatives Representative for the respective accounts of the several Underwriters Underwriters, with any transfer taxes payable in connection with the sale of such Shares duly paid by the Company, against payment by the several Underwriters through the Representatives Representative of the purchase price thereof to or upon in the order of the Company by wire transfer payable manner set forth in same-day funds to an account specified by the Company. Schedule II hereto. Delivery of the Underwritten Securities and the Option Securities shall Shares will be made 16 through the facilities of The Depository Trust Company ("DTC") unless the Representatives Representative shall otherwise instruct. If the option provided for in Section 2(b) hereof is exercised after the third Business Day immediately preceding the Closing Date, the Company will deliver the Option Securities (at the expense of the Company) to the Representatives, through the facilities of The Depository Trust Company, unless the Representatives shall otherwise instruct, on the date specified by the Representatives (which shall be within three Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. If settlement for the Option Securities occurs after the Closing Date, the Company will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 hereof.View More
Delivery and Payment. Delivery of of, and payment for for, the Underwritten Securities and the Option Securities (if the option provided for in Section 2(b) hereof shall have been exercised on or before the third Business Day immediately preceding the Closing Date) Shares shall be made made, in the case of the Firm Shares, at the office, on the date and at the time specified in Schedule I hereto or at such time on such later date not more than three Business Days after the foregoing date as the Representatives shall ...designate, II hereto, which date and time may be postponed by agreement between the Representatives Representative and the Company or as provided in Section 9 8 hereof (such date and time of delivery and payment for the Securities Firm Shares being herein called the "Closing Date") or, in the case of the Option Shares, on the date and at the time and place specified by the Representative in the written notice of the Underwriters' election to purchase the Option Shares (such date and time of delivery and payment for the Option Shares being herein called an "Additional Closing Date"). Delivery of the Securities Shares to be purchased on the Closing Date or any Additional Closing Date, as the case may be, shall be made to the Representatives Representative for the respective accounts of the several Underwriters Underwriters, with any transfer taxes payable in connection with the sale of such Shares duly paid by the Company, against payment by the several Underwriters through the Representatives Representative of the purchase price thereof to or upon in the order of the Company by wire transfer payable manner set forth in same-day funds to an account specified by the Company. Schedule II hereto. Delivery of the Underwritten Securities and the Option Securities shall Shares will be made 16 through the facilities of The Depository Trust Company ("DTC") unless the Representatives Representative shall otherwise instruct. If the option provided for in Section 2(b) hereof is exercised after the third Business Day immediately preceding the Closing Date, the Company will deliver the Option Securities (at the expense of the Company) to the Representatives, through the facilities of The Depository Trust Company, unless the Representatives shall otherwise instruct, on the date specified by the Representatives (which shall be within three Business Days after exercise of said option) for the respective accounts of the several Underwriters, against payment by the several Underwriters through the Representatives of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to an account specified by the Company. If settlement for the Option Securities occurs after the Closing Date, the Company will deliver to the Representatives on the settlement date for the Option Securities, and the obligation of the Underwriters to purchase the Option Securities shall be conditioned upon receipt of, supplemental opinions, certificates and letters confirming as of such date the opinions, certificates and letters delivered on the Closing Date pursuant to Section 6 hereof.View More
