Delivery of and Payment for Securities Clause Example with 11 Variations from Business Contracts
This page contains Delivery of and Payment for Securities 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 of and Payment for Securities. Delivery of certificates for the Firm Shares to be purchased by the Underwriters from the Company against payment for such securities shall be made at the offices of the Representative (or such other place as mutually may be agreed upon by the Company and the Representative), on the second full Business Day following the date hereof or, if the pricing of the Firm Shares occurs after 4:30 p.m., New York City time, on the third full Business Day thereafter, or at such other date as shall be determ...ined by the Representative and the Company (the "First Closing Date"). The option to purchase Optional Shares granted in Section 3 hereof may be exercised during the term thereof by written notice to the Company from the Representative. The option may be exercised in whole or part, and if in part, the option can be exercised on multiple occasions. Such notice shall set forth the aggregate number of Optional Shares as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the first Business Day after the date on which the option shall have been exercised nor later than the fourth Business Day after the date of such exercise, as determined by the Representative, when the Optional Shares are to be delivered (the "Option Closing Date"). Delivery and payment for such Optional Shares is to be at the offices set forth above for delivery and payment of the Firm Shares. (The First Closing Date and each Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates".) Delivery of the Firm Shares and any Optional Shares shall be made by or on behalf of the Company to the Underwriters against payment by the Underwriters of the purchase price therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the First Date or the Option Closing Date, as the case may be, by the Company. Payment for the Securities sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares shall be made through the facilities of The Depositary Trust Company unless the Representative shall otherwise instruct.View More
Variations of a "Delivery of and Payment for Securities" Clause from Business Contracts
Delivery of and Payment for Securities. Delivery of certificates for the Firm Shares to be purchased by the Underwriters Underwriter from the Company against payment for such securities Securities shall be made at the offices of the Representative (or such other place as mutually may be agreed upon by the Company and the Representative), on the second full Business Day following the date hereof or, if the pricing of the Firm Shares occurs after 4:30 p.m., New York City time, on the third full Business Day thereafter, November [•], 202...1, or at such other date as shall be determined by the Representative Underwriter and the Company (the "First Closing Date"). 14 The option to purchase Optional Shares granted in Section 3 hereof may be exercised during the term thereof by written notice to the Company from the Representative. Underwriter. The option may be exercised in whole or part, and if in part, the option can be exercised on multiple occasions. Such notice shall set forth the aggregate number of Optional Shares as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the first second Business Day after the date on which the option shall have been exercised nor later than the fourth fifth Business Day after the date of such exercise, as determined by the Representative, Underwriter, when the Optional Shares are to be delivered (the (each, an "Option Closing Date"). Delivery and payment for such Optional Shares is to be at the offices set forth above for delivery and payment of the Firm Shares. (The The First Closing Date and each Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates".) Delivery of Dates". On each Closing Date, the Company shall deliver the Firm Shares and any or the Optional Shares Shares, as applicable, which shall be made by registered in the name or on behalf of names and shall be in such denominations as the Company Underwriter may request at least one (1) business day before the applicable Closing Date, to the Underwriters against payment by the Underwriters of the purchase price therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the First Date or the Option Closing Date, as the case may be, by the Company. Payment for the Securities sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares Underwriter, which delivery shall be made through the facilities of The Depositary the Depository Trust Company unless the Representative shall otherwise instruct. Company's DWAC system. View More
Delivery of and Payment for Securities. Delivery of certificates for the Firm Shares to be purchased by the Underwriters Underwriter from the Company against payment for such securities Securities shall be made at the offices of the Representative (or such other place as mutually may be agreed upon by the Company and the Representative), on the second full Business Day following the date hereof or, if the pricing of the Firm Shares occurs after 4:30 p.m., New York City time, on the third full Business Day thereafter, November 12, 2021..., or at such other date as shall be determined by the Representative Underwriter and the Company (the "First Closing Date"). 14 The option to purchase Optional Shares granted in Section 3 hereof may be exercised during the term thereof by written notice to the Company from the Representative. Underwriter. The option may be exercised in whole or part, and if in part, the option can be exercised on multiple occasions. Such notice shall set forth the aggregate number of Optional Shares as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the first second Business Day after the date on which the option shall have been exercised nor later than the fourth fifth Business Day after the date of such exercise, as determined by the Representative, Underwriter, when the Optional Shares are to be delivered (the (each, an "Option Closing Date"). Delivery and payment for such Optional Shares is to be at the offices set forth above for delivery and payment of the Firm Shares. (The The First Closing Date and each Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates".) Delivery of Dates". On each Closing Date, the Company shall deliver the Firm Shares and any or the Optional Shares Shares, as applicable, which shall be made by registered in the name or on behalf of names and shall be in such denominations as the Company Underwriter may request at least one (1) business day before the applicable Closing Date, to the Underwriters against payment by the Underwriters of the purchase price therefor by wire transfer of immediately available funds to an account specified in writing, not later than the close of business on the business day next preceding the First Date or the Option Closing Date, as the case may be, by the Company. Payment for the Securities sold by the Company hereunder shall be delivered by the Representative to the Company. Delivery of the Shares Underwriter, which delivery shall be made through the facilities of The Depositary the Depository Trust Company unless the Representative shall otherwise instruct. Company's DWAC system. View More
Delivery of and Payment for Securities. Delivery of certificates for a global note representing the Firm Shares Securities to be purchased by the Underwriters from the Company against payment payments for such securities shall be made through the facilities of The Depository Trust Company ("DTC") or at the offices of the Representative Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, New York 10036 (or such other place as mutually may be agreed upon by the Company and the Representative), upon) at 10:00 a.m., New... York City time, on the second third full Business Day following the date hereof or, if the pricing of the Firm Shares Securities occurs after 4:30 p.m., New York City time, at such time on the third second full Business Day thereafter, or at such other date and time as shall be determined by the Representative and the Company (the "First Closing Date"). The option to purchase Optional Shares Securities granted in Section 3 3(b) hereof may be exercised during the term thereof by written notice to the Company from the Representative. The option may be exercised in whole or part, and if in part, the option can may be exercised on multiple occasions. Such notice shall set forth the aggregate number principal amount of Optional Shares Securities plus accrued interest as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the first second Business Day after the date on which the option shall have been exercised nor later than the fourth fifth Business Day after the date of such exercise, as determined by the Representative, when the Optional Shares Securities are to be delivered (the "Option Closing Date"). Delivery and payment for such Optional Shares Securities is to be at the offices set forth above for delivery and payment of the Firm Shares. Securities. (The First Closing Date and each the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates".) Dates.") Delivery of a global note representing the Firm Shares Securities and any a global note representing the Optional Shares Securities shall be made through the facilities of DTC by or on behalf of the Company to the Underwriters Representative, for the respective accounts of the Underwriters, against 17 payment by the Underwriters Representative, for the several accounts of the Underwriters, of the purchase price therefor by wire transfer of immediately available funds to an a bank account specified in writing, not later than the close of business on the business day next preceding the First Date or the Option Closing Date, as the case may be, designated by the Company. Payment for The global notes representing the Firm Securities sold by and the Company hereunder Optional Securities shall be delivered registered in such names and denominations as the Representative shall have requested at least two full Business Days prior to the applicable Closing Date and shall be made available for checking and packaging at a location in New York, New York as may be designated by the Representative at least one full Business Day prior to such Closing Date. Time shall be of the essence and delivery at the time and place specified in this Agreement is a further condition to the Company. Delivery obligations of the Shares shall be made through the facilities of The Depositary Trust Company unless the Representative shall otherwise instruct. each Underwriter. View More
Delivery of and Payment for Securities. Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) to be purchased by the Underwriters from the Company against payment payments for such securities shall be made through the facilities of The Depository Trust Company ("DTC") or at the offices of the Representative Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, New York 10036 (or such other place as mutually may be agreed upon by the Company and the Representative), upon...) at 10:00 a.m., New York City time, on the second full Business Day following the date hereof or, if the pricing of the Firm Shares Securities occurs after 4:30 p.m., New York City time, at such time on the third second full Business Day thereafter, or at such other date and time as shall be determined by the Representative Representatives and the Company (the "First Closing Date"). The option to purchase Optional Shares Securities granted in Section 3 3(b) hereof may be exercised during the term thereof by written notice to the Company from the Representative. Representatives. The option may be exercised in whole or part, and if in part, the option can may be exercised on multiple occasions. Such notice shall set forth the aggregate number of Optional Shares Securities as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the first second Business Day after the date on which the option shall have been exercised nor later than the fourth fifth Business Day after the date of such exercise, as determined by the Representative, Representatives, when the Optional Shares Securities are to be delivered (the "Option Closing Date"). Delivery and payment for such Optional Shares Securities is to be at the offices set forth above 16 for delivery and payment of the Firm Shares. Securities. (The First Closing Date and each the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates".) Dates.") Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) and any the Optional Shares Securities (or evidence of Securities in book entry form) shall be made through the facilities of DTC by or on behalf of the Company to the Underwriters Representatives, for the respective accounts of the Underwriters, against payment by the Underwriters Representatives, for the several accounts of the Underwriters, of the purchase price therefor by wire transfer of immediately available funds to an a bank account specified in writing, not later than the close of business on the business day next preceding the First Date or the Option Closing Date, as the case may be, designated by the Company. Payment The certificates for the Firm Securities sold by and the Company hereunder Optional Securities shall be delivered by registered in such names and denominations as the Representative Representatives shall have requested at least one full Business Day prior to the Company. Delivery of the Shares applicable Closing Date and shall be made through available for checking and packaging at a location in New York, New York as may be designated by the facilities Representatives at least one full Business Day prior to such Closing Date. Time shall be of The Depositary Trust Company unless the Representative shall otherwise instruct. essence and delivery at the time and place specified in this Agreement is a further condition to the obligations of each Underwriter. View More
Delivery of and Payment for Securities. Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) to be purchased by the Underwriters from the Company against payment payments for such securities shall be made through the facilities of The Depository Trust Company ("DTC") or at the offices of the Representative Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, New York 10036 (or such other place as mutually may be agreed upon by the Company and the Representative), upon...) at 10:00 a.m., New York City time, on the second full Business Day following the date hereof or, if the pricing of the Firm Shares Securities occurs after 4:30 p.m., New York City time, at such time on the third second full Business Day thereafter, or at such other date and time as shall be determined by the Representative Representatives and the Company (the "First Closing Date"). The option to purchase Optional Shares Securities granted in Section 3 3(b) hereof may be exercised during the term thereof by written notice to the Company from the Representative. Representatives. The option may be exercised in whole or part, and if in part, the option can may be exercised on multiple occasions. Such notice shall set forth the aggregate number of Optional Shares Securities as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the first second Business Day after the date on which the option shall have been exercised nor later than the fourth fifth Business Day after the date of such exercise, as determined by the Representative, Representatives, when the Optional Shares Securities are to be delivered (the "Option Closing Date"). Delivery and payment for such Optional Shares Securities is to be at the offices set forth above for delivery and payment of the Firm Shares. Securities. (The First Closing Date and each the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates".) Dates.") Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) and any the Optional Shares Securities (or evidence of Securities in book entry form) shall be made through the facilities of DTC by or on behalf of the Company to the Underwriters Representatives, for the respective accounts of the Underwriters, against payment by the Underwriters Representatives, for the several accounts of the Underwriters, of the purchase price therefor by wire transfer of immediately available funds to an a bank account specified in writing, not later than the close of business on the business day next preceding the First Date or the Option Closing Date, as the case may be, designated by the Company. Payment The certificates for 16 the Firm Securities sold by and the Company hereunder Optional Securities shall be delivered by registered in such names and denominations as the Representative Representatives shall have requested at least one full Business Day prior to the Company. Delivery of the Shares applicable Closing Date and shall be made through available for checking and packaging at a location in New York, New York as may be designated by the facilities Representatives at least one full Business Day prior to such Closing Date. Time shall be of The Depositary Trust Company unless the Representative shall otherwise instruct. essence and delivery at the time and place specified in this Agreement is a further condition to the obligations of each Underwriter. View More
Delivery of and Payment for Securities. Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) to be purchased by the Underwriters from the Company against payment payments for such securities shall be made through the facilities of The Depository Trust Company ("DTC") or at the offices of the Representative Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, New York 10036 (or such other place as mutually may be agreed upon by the Company and the Representative), upon...) at 10:00 a.m., New York City time, on the second full Business Day following the date hereof or, if the pricing of the Firm Shares Securities occurs after 4:30 p.m., New York City time, at such time on the third second full Business Day thereafter, or at such other date and time as shall be determined by the Representative Representatives and the Company (the "First Closing Date"). The option to purchase Optional Shares Securities granted in Section 3 3(b) hereof may be exercised during the term thereof by written notice to the Company from the Representative. Representatives. The option may be exercised in whole or part, and if in part, the option can may be exercised on multiple occasions. Such notice shall set forth the aggregate number of Optional Shares Securities as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the first second Business Day after the date on which the option shall have been exercised nor later than the fourth fifth Business Day after the date of such exercise, as determined by the Representative, Representatives, when the Optional Shares Securities are to be delivered (the "Option Closing Date"). Delivery and payment for such Optional Shares Securities is to be at the offices set forth above for delivery and payment of the Firm Shares. Securities. (The First Closing Date and each the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates".) Dates.") 15 Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) and any the Optional Shares Securities (or evidence of Securities in book entry form) shall be made through the facilities of DTC by or on behalf of the Company to the Underwriters Representatives, for the respective accounts of the Underwriters, against payment by the Underwriters Representatives, for the several accounts of the Underwriters, of the purchase price therefor by wire transfer of immediately available funds to an a bank account specified in writing, not later than the close of business on the business day next preceding the First Date or the Option Closing Date, as the case may be, designated by the Company. Payment The certificates for the Firm Securities sold by and the Company hereunder Optional Securities shall be delivered by registered in such names and denominations as the Representative Representatives shall have requested at least one full Business Day prior to the Company. Delivery of the Shares applicable Closing Date and shall be made through available for checking and packaging at a location in New York, New York as may be designated by the facilities Representatives at least one full Business Day prior to such Closing Date. Time shall be of The Depositary Trust Company unless the Representative shall otherwise instruct. essence and delivery at the time and place specified in this Agreement is a further condition to the obligations of each Underwriter. View More
Delivery of and Payment for Securities. Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) to be purchased by the Underwriters from the Company against payment payments for such securities shall be made through the facilities of The Depository Trust Company ("DTC") or at the offices of the Representative Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, New York 10036 (or such other place as mutually may be agreed upon by the Company and the Representative), upon...) at 10:00 a.m., New York City time, on the second full Business Day following the date hereof or, if the pricing of the Firm Shares Securities occurs after 4:30 p.m., New York City time, at such time on the third second full Business Day thereafter, or at such other date and time as shall be determined by the Representative Representatives and the Company (the "First Closing Date"). 16 The option to purchase Optional Shares Securities granted in Section 3 3(b) hereof may be exercised during the term thereof by written notice to the Company from the Representative. Representatives. The option may be exercised in whole or part, and if in part, the option can may be exercised on multiple occasions. Such notice shall set forth the aggregate number of Optional Shares Securities as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the first second Business Day after the date on which the option shall have been exercised nor later than the fourth fifth Business Day after the date of such exercise, as determined by the Representative, Representatives, when the Optional Shares Securities are to be delivered (the "Option Closing Date"). Delivery and payment for such Optional Shares Securities is to be at the offices set forth above for delivery and payment of the Firm Shares. Securities. (The First Closing Date and each the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates".) Dates.") Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) and any the Optional Shares Securities (or evidence of Securities in book entry form) shall be made through the facilities of DTC by or on behalf of the Company to the Underwriters Representatives, for the respective accounts of the Underwriters, against payment by the Underwriters Representatives, for the several accounts of the Underwriters, of the purchase price therefor by wire transfer of immediately available funds to an a bank account specified in writing, not later than the close of business on the business day next preceding the First Date or the Option Closing Date, as the case may be, designated by the Company. Payment The certificates for the Firm Securities sold by and the Company hereunder Optional Securities shall be delivered by registered in such names and denominations as the Representative Representatives shall have requested at least one full Business Day prior to the Company. Delivery of the Shares applicable Closing Date and shall be made through available for checking and packaging at a location in New York, New York as may be designated by the facilities Representatives at least one full Business Day prior to such Closing Date. Time shall be of The Depositary Trust Company unless the Representative shall otherwise instruct. essence and delivery at the time and place specified in this Agreement is a further condition to the obligations of each Underwriter. View More
Delivery of and Payment for Securities. Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) to be purchased by the Underwriters from the Company against payment payments for such securities shall be made through the facilities of The Depository Trust Company ("DTC") or at the offices of the Representative Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, New York 10036 (or such other place as mutually may be agreed upon by the Company and the Representative), upon...) at 10:00 a.m., New York City time, on the second full Business Day following the date hereof or, if the pricing of the Firm Shares Securities occurs after 4:30 p.m., New York City time, at such time on the third second full Business Day thereafter, or at such other date and time as shall be determined by the Representative Representatives and the Company (the "First Closing Date"). The option to purchase Optional Shares Securities granted in Section 3 3(b) hereof may be exercised during the term thereof by written notice to the Company from the Representative. Representatives. The option may be exercised in whole or part, and if in part, the option can may be exercised on multiple occasions. Such notice shall set forth the aggregate number of Optional Shares Securities as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the first second Business Day after the date on which the option shall have been exercised nor later than the fourth fifth Business Day after the date of such exercise, as determined by the Representative, Representatives, when the Optional Shares Securities are to be delivered (the "Option Closing Date"). Delivery and payment for such Optional Shares Securities is to be at the offices set forth above for delivery and payment of the Firm Shares. Securities. (The First Closing Date and each the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates".) Dates.") 16 Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) and any the Optional Shares Securities (or evidence of Securities in book entry form) shall be made through the facilities of DTC by or on behalf of the Company to the Underwriters Representatives, for the respective accounts of the Underwriters, against payment by the Underwriters Representatives, for the several accounts of the Underwriters, of the purchase price therefor by wire transfer of immediately available funds to an a bank account specified in writing, not later than the close of business on the business day next preceding the First Date or the Option Closing Date, as the case may be, designated by the Company. Payment The certificates for the Firm Securities sold by and the Company hereunder Optional Securities shall be delivered by registered in such names and denominations as the Representative Representatives shall have requested at least one full Business Day prior to the Company. Delivery of the Shares applicable Closing Date and shall be made through available for checking and packaging at a location in New York, New York as may be designated by the facilities Representatives at least one full Business Day prior to such Closing Date. Time shall be of The Depositary Trust Company unless the Representative shall otherwise instruct. essence and delivery at the time and place specified in this Agreement is a further condition to the obligations of each Underwriter. View More
Delivery of and Payment for Securities. Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) to be purchased by the Underwriters from the Company against payment payments for such securities shall be made through the facilities of The Depository Trust Company ("DTC") or at the offices of the Representative Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, New York 10036 (or such other place as mutually may be agreed upon by the Company and the Representative), upon...) at 10:00 a.m., New York City time, on the second full Business Day following the date hereof or, if the pricing of the Firm Shares Securities occurs after 4:30 p.m., New 16 York City time, at such time on the third second full Business Day thereafter, or at such other date and time as shall be determined by the Representative Representatives and the Company (the "First Closing Date"). The option to purchase Optional Shares Securities granted in Section 3 3(b) hereof may be exercised during the term thereof by written notice to the Company from the Representative. Representatives. The option may be exercised in whole or part, and if in part, the option can may be exercised on multiple occasions. Such notice shall set forth the aggregate number of Optional Shares Securities as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the first second Business Day after the date on which the option shall have been exercised nor later than the fourth fifth Business Day after the date of such exercise, as determined by the Representative, Representatives, when the Optional Shares Securities are to be delivered (the "Option Closing Date"). Delivery and payment for such Optional Shares Securities is to be at the offices set forth above for delivery and payment of the Firm Shares. Securities. (The First Closing Date and each the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates".) Dates.") Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) and any the Optional Shares Securities (or evidence of Securities in book entry form) shall be made through the facilities of DTC by or on behalf of the Company to the Underwriters Representatives, for the respective accounts of the Underwriters, against payment by the Underwriters Representatives, for the several accounts of the Underwriters, of the purchase price therefor by wire transfer of immediately available funds to an a bank account specified in writing, not later than the close of business on the business day next preceding the First Date or the Option Closing Date, as the case may be, designated by the Company. Payment The certificates for the Firm Securities sold by and the Company hereunder Optional Securities shall be delivered by registered in such names and denominations as the Representative Representatives shall have requested at least one full Business Day prior to the Company. Delivery of the Shares applicable Closing Date and shall be made through available for checking and packaging at a location in New York, New York as may be designated by the facilities Representatives at least one full Business Day prior to such Closing Date. Time shall be of The Depositary Trust Company unless the Representative shall otherwise instruct. essence and delivery at the time and place specified in this Agreement is a further condition to the obligations of each Underwriter. View More
Delivery of and Payment for Securities. Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) to be purchased by the Underwriters from the Company against payment payments for such securities and payment of the purchase price for the Firm Securities shall be made at the offices of the Representative Hunton & Williams LLP, 200 Park Avenue, 52nd Floor, New York, New York, 10166 (or such other place as mutually may be agreed upon by the Company and the Representative), upon) at 10:00 a.m. ...on the second third full Business Day following the date hereof or, if the pricing of the Firm Shares Securities occurs after 4:30 p.m., New York City time, on the third fourth full Business Day thereafter, or at such other date as shall be determined by the Representative Representatives and the Company (the "First Closing Date"). The option to purchase Optional Shares Securities granted in Section 3 3(b) hereof may be exercised during the term thereof by written notice to the Company from the Representative. Representatives. The option may be exercised in whole or part, and if in part, the option can may be exercised on multiple up to two occasions. Such notice shall set forth the aggregate number of Optional Shares Securities as to which the option is being exercised and the time and date, not earlier than either the First Closing Date or the first second Business Day after the date on which the option shall have been exercised nor later than the fourth fifth Business Day after the date of such exercise, as determined by the Representative, Representatives, when the Optional Shares Securities are to be delivered (the "Option Closing Date"). Delivery and payment for such Optional Shares Securities is to be at the offices set forth above for delivery and payment of the Firm Shares. Securities. (The First Closing Date and each the Option Closing Date are herein individually referred to as the "Closing Date" and collectively referred to as the "Closing Dates".) Dates.") 14 Delivery of certificates for the Firm Shares Securities (or evidence of Securities in book entry form) and any the Optional Shares Securities (or evidence of Securities in book entry form) shall be made through the facilities of the Depository Trust Company by or on behalf of the Company to the Underwriters Representatives, for the respective accounts of the Underwriters, against payment by the Underwriters Representatives, for the several accounts of the Underwriters, of the purchase price therefor by wire transfer of immediately available funds to an a bank account specified in writing, not later than the close of business on the business day next preceding the First Date or the Option Closing Date, as the case may be, designated by the Company. Payment Certificates for the Firm Securities sold by and the Company hereunder Optional Securities shall be delivered by registered in such names and denominations as the Representative Representatives shall have requested at least two full Business Days prior to the Company. Delivery of the Shares applicable Closing Date and shall be made through available for checking and packaging at a location in New York, New York as may be designated by the facilities Representatives at least one full Business Day prior to such Closing Date. Time shall be of The Depositary Trust Company unless the Representative shall otherwise instruct. essence and delivery at the time and place specified in this Agreement is a further condition to the obligations of each Underwriter. View More
