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 The Company shall deliver, or cause to be delivered to the Representative through the facilities of certificates for the Depositary Trust Company ("DTC") unless the Representative shall otherwise instruct, to the Representative 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), Warrants 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 determined by the Representative and the Company (the "First Closing Date"). Date"), against release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Company shall also deliver, or cause to be delivered to the Representative through the facilities of DTC unless the Representative shall otherwise instruct, to the Representative for the accounts of the several Underwriters, the Option Securities the Underwriters have agreed to purchase at the First Closing Date or the applicable Option Closing Date, as the case may be, against the release of a wire transfer of immediately available funds for the amount of the purchase price therefor. The Securities shall be registered in such names and denominations as the Representative shall have requested prior to the First Closing Date (or the applicable Option Closing Date, as the case may be) and shall be made available for inspection on the business day preceding the First Closing Date (or the applicable Option Closing Date, as the case may be) at a location in New York City as the Representative may designate. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a further condition to the obligations of the Underwriters. 13 The option to purchase Optional Option Shares and/or Option Warrants 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 (i) the aggregate number of Optional Option Shares and/or Option Warrants as to which the option is being exercised and (ii) 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 Option Shares and/or Option Warrants are to be delivered (the "Option Closing Date"). Delivery and payment for such Optional Option Shares and/or Option Warrants is to be at the offices set forth above for delivery and payment of the Firm Shares. Shares and the Warrants. (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 Shares, Warrants and any Optional Option Shares and/or Option Warrants 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 Firm Shares, Warrants and any Option Shares and/or Option Warrants shall be made through the facilities of The Depositary Trust Company unless the Representative shall otherwise instruct. View More