Payment and Delivery Clause Example with 667 Variations from Business Contracts
This page contains Payment and Delivery 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.
Payment and Delivery. Payment for the Firm Shares shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Firm Shares for the respective accounts of the several Underwriters on the closing date and time set forth in Schedule I hereto, or at such other time on the same or such other date, not later than the fifth business day thereafter, as shall be designated in writing by you. The time and date of such payment are hereinafter referred to as the "Closing ...Date." 15 Payment for any Additional Shares shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Additional Shares for the respective accounts of the several Underwriters at 10:00 a.m., New York City time, on the date specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than the tenth business day thereafter, as shall be designated in writing by you. The Firm Shares and Additional Shares shall be registered in such names and in such denominations as you shall request in writing not later than one full business day prior to the Closing Date or the applicable Option Closing Date, as the case may be. The Firm Shares and Additional Shares shall be delivered to you on the Closing Date or an Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, with any transfer taxes payable in connection with the transfer of the Shares to the Underwriters duly paid, against payment of the Purchase Price therefor.View More
Variations of a "Payment and Delivery" Clause from Business Contracts
Payment and Delivery. (a) Payment for and delivery of the Firm Shares shall Securities will be made to at the Company in Federal or other funds immediately available in offices of Latham & Watkins LLP not later than 10:00 A.M., New York City against delivery of such Firm Shares for the respective accounts of the several Underwriters time, on the closing date and time set forth in Schedule I hereto, October 14, 2022, or at such other time or place on the same or such other date, not later than the fifth business day t...hereafter, as shall be designated the Representative and the Company may agree upon in writing or, in the case of the Option Securities, on the date and at the time and place specified by you. the Representative in the written notice of the Initial Purchasers' election to purchase such Option Securities. The time and date of such payment are hereinafter for the Firm Securities is referred to herein as the "Closing Date" and the time and date for such payment for the Option Securities, if other than the Closing Date, is herein referred to as the "Closing "Additional Closing Date." 15 4 (b) Payment for any the Securities to be purchased on the Closing Date or the Additional Shares Closing Date, as the case may be, shall be made by wire transfer in immediately available funds to the account(s) specified by the Company in Federal or other funds immediately available in New York City to the Representative against delivery to the nominee of such Additional Shares The Depository Trust Company ("DTC"), for the respective accounts account of the several Underwriters at 10:00 a.m., Initial Purchasers, of one or more global notes representing the Securities (collectively, the "Global Notes"), with any transfer taxes payable in connection with the sale of the Securities duly paid by the Company. The Global Notes will be made available through electronic transmission (e.g., "pdf" or "tif" format) for inspection by the Representative not later than 1:00 P.M., New York City time, on the date specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than the tenth business day thereafter, as shall be designated in writing by you. The Firm Shares and Additional Shares shall be registered in such names and in such denominations as you shall request in writing not later than one full business day prior to the Closing Date or the applicable Option Additional Closing Date, as the case may be. The Firm Shares and Additional Shares shall be delivered to you on the Closing Date or an Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, with any transfer taxes payable in connection with the transfer of the Shares to the Underwriters duly paid, against payment of the Purchase Price therefor.View More
Payment and Delivery. Payment for the Firm Shares Securities shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Firm Shares Securities for the respective accounts of the several Underwriters Initial Purchasers at 10:00 a.m., New York City time, on the closing date and time set forth in Schedule I hereto, September 26, 2017, or at such other time on the same or such other date, not later than the fifth business day thereafter, October 5, 2017, as shal...l be designated in writing by you. Morgan Stanley & Co. LLC. The time and date of such payment are hereinafter referred to as the "Closing Date." 15 Payment for any Additional Shares Such delivery and payment shall be made at the offices of Davis Polk & Wardwell LLP, 450 Lexington Avenue, New York, New York 10017 (or such other place as may be agreed to by the Company in Federal or other funds immediately available in New York City against delivery of such Additional Shares for the respective accounts of the several Underwriters at 10:00 a.m., New York City time, on the date specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than the tenth business day thereafter, as and Morgan Stanley & Co. LLC). 13 The Securities shall be designated in writing definitive form or global form, as specified by you. The Firm Shares the Representatives, and Additional Shares shall be registered in such names and in such denominations as you the Representatives shall request in writing not later than one full business day prior to the Closing Date or the applicable Option Closing Date, as the case may be. Date. The Firm Shares and Additional Shares Securities shall be delivered to you the Representatives on the Closing Date or an Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, Initial Purchasers, with any transfer taxes payable in connection with the transfer of the Shares Securities to the Underwriters Initial Purchasers duly paid, against payment of the Purchase Price therefor. therefor plus accrued interest, if any, to the date of payment and delivery. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a condition to the obligations of the Initial Purchasers. View More
Payment and Delivery. (a) Payment for and delivery of the Firm Shares Securities shall be made to at the Company in Federal or other funds immediately available in offices of Cravath, Swaine & Moore LLP at 10:00 A.M., New York City against delivery of such Firm Shares for the respective accounts of the several Underwriters time, on the closing date and time set forth in Schedule I hereto, March 24, 2014, or at such other time or place on the same or such other date, not later than the fifth business day thereafter, a...s shall be designated the Representative and the Company may agree upon in writing or, in the case of the Option Securities, on the date and at the time and place specified by you. the Representative in the written notice of the Initial Purchasers' election to purchase such Option Securities. The time and date of such payment are hereinafter and delivery for the Firm Securities is referred to herein as the "Closing Date", and the time and date for such payment for the Option Securities, if other than the Closing Date, is herein referred to as the "Closing Date." 15 "Additional Closing Date". (b) Payment for any the Securities to be purchased on the Closing Date or the Additional Shares Closing Date, as the case may be, shall be made by wire transfer in 4 immediately available funds to the account specified by the Company in Federal or other funds immediately available in New York City to the Representative against delivery to the nominee of such Additional Shares The Depository Trust Company ("DTC"), for the respective accounts of the several Underwriters Initial Purchasers of the Securities to be purchased on such Closing Date or Additional Closing Date, as the case may be, of one or more global notes representing the Securities (collectively, the "Global Note"), with any transfer taxes payable in connection with the sale of such Securities duly paid by the Company. A copy of the Global Note will be made available for inspection by the Representative at 10:00 a.m., the office of Cravath, Swaine & Moore LLP not later than 1:00 P.M., New York City time, on the date specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than the tenth business day thereafter, as shall be designated in writing by you. The Firm Shares and Additional Shares shall be registered in such names and in such denominations as you shall request in writing not later than one full business day prior to the Closing Date or the applicable Option Additional Closing Date, as the case may be. The Firm Shares and Additional Shares shall be delivered to you on the Closing Date or an Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, with any transfer taxes payable in connection with the transfer of the Shares to the Underwriters duly paid, against payment of the Purchase Price therefor.View More
Payment and Delivery. Payment for the Firm Shares Securities shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Firm Shares Securities for the respective accounts of the several Underwriters at 10:00 a.m. (New York City time) on the closing date and time set forth in Schedule I hereto, March 19, 2019, or at such other time on the same or such other date, not later than seven full business days thereafter as the fifth business day thereafter, as shall... be designated in writing by you. The Representatives and the Company determine, such time and date of such payment are hereinafter being referred to as the "Closing Date." 15 Payment for any Additional Shares shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Additional Shares for the respective accounts of the several Underwriters at 10:00 a.m., New York City time, on the date specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than the tenth business day thereafter, as shall be designated in writing by you. The Firm Shares and Additional Shares Securities shall be registered in such names and in such denominations as you the Representatives shall request in writing not later than one full business day prior to the Closing Date or the applicable Option Closing Date, as the case may be. Date. The Firm Shares and Additional Shares Securities shall be delivered to you the Representatives on the Closing Date or an Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, with any transfer taxes payable in connection with the transfer of the Shares to the Underwriters duly paid, against payment of the Purchase Price therefor. 13 5. Conditions to the Underwriters' Obligations. The several obligations of the Underwriters are subject to the following conditions: (a) Subsequent to the execution and delivery of this Agreement and prior to the Closing Date: (i) there shall not have occurred any downgrading of the Company by any "nationally recognized statistical rating organization," as such term is defined in Section 3(a)(62) of the Exchange Act ("NRSRO"), nor shall any public announcement have been given of any intended or potential downgrading or of any review for a possible change that does not indicate the direction of the possible change, in the rating accorded any of the securities of the Company by any such NRSRO; and (ii) there shall not have occurred any material adverse change in the financial condition, earnings, business or operations of the Company and its subsidiaries, taken as a whole, from that set forth in the Time of Sale Prospectus (exclusive of any amendments or supplements thereto subsequent to the date of this Agreement). (b) The Underwriters shall have received on the Closing Date a certificate, dated the Closing Date and signed by an executive officer of the Company, to the effect set forth in Section 5(a) above and to the effect that the representations and warranties of the Company contained in this Agreement are true and correct as of the Closing Date and that the Company has complied with all of the agreements and satisfied all of the conditions on its part to be performed or satisfied hereunder on or before the Closing Date. The officer signing and delivering such certificate may rely upon the best of his or her knowledge as to proceedings threatened. (c) The Underwriters shall have received on the Closing Date an opinion letter (including certain negative assurances) of Sidley Austin LLP, outside U.S. counsel for the Company, each dated the Closing Date, substantially in the form set forth in Exhibit A. (d) The Underwriters shall have received on the Closing Date an opinion of Covington & Burling LLP, special U.S. regulatory counsel for the Company, dated the Closing Date, substantially in the form set forth in Exhibit B. The opinions of Sidley Austin LLP and Covington & Burling LLP described in Sections 5(c) and 5(d) above shall be rendered to the Underwriters at the request of the Company and shall so state therein. 14 (e) The Underwriters shall have received on the Closing Date an opinion and letter of Davis Polk & Wardwell LLP, counsel for the Underwriters, each dated the Closing Date, with respect to such matters as the Underwriters shall reasonably request. (f) The Underwriters shall have received executed copies of the Base Indenture and the Eighth Supplemental Indenture. (g) The Underwriters shall have received, on each of the date hereof and the Closing Date, a letter dated the date hereof or the Closing Date, as the case may be, in form and substance satisfactory to the Underwriters, from KPMG LLP, an independent registered public accounting firm, containing statements and information of the type ordinarily included in accountants' "comfort letters" to underwriters with respect to the financial statements and certain financial information contained in the Registration Statement, the Time of Sale Prospectus and the Prospectus; provided that the letter delivered on the Closing Date shall use a "cut-off date" not earlier than the date hereof. View More
Payment and Delivery. Payment for the Firm Shares Securities shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Firm Shares for the respective accounts of the several Underwriters on the closing date and time set forth in Schedule I hereto, or at such other time on the same or such other date, not later than the fifth business day thereafter, as shall may be designated in writing by you. The time and date of such payment are hereinafter referred to a...s the "Closing Date." 15 Payment for any Additional Shares the Securities shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Additional Shares to you on the Closing Date for the respective accounts of the several Underwriters at 10:00 a.m., New York City time, on the date specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than the tenth business day thereafter, as shall be designated in writing by you. The Firm Shares and Additional Shares shall be registered in such names and in such denominations as you shall request in writing not later than one full business day prior to the Closing Date or the applicable Option Closing Date, as the case may be. The Firm Shares and Additional Shares shall be delivered to you on the Closing Date or an Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, with any transfer taxes payable in connection with the transfer of the Shares Securities to the Underwriters duly paid, against payment paid. 9 5. Conditions to the Underwriters' Obligations. The several obligations of the Purchase Price therefor. Underwriters are subject to the following conditions: (a) Subsequent to the execution and delivery of this Agreement and prior to the Closing Date: (i) there shall not have occurred any downgrading, nor shall any notice have been given of any intended or potential downgrading or of any review for a possible change that does not indicate the direction of the possible change, in the rating accorded the Company or any of the debt securities of the Company by any "nationally recognized statistical rating organization," as such term is defined in Section 3(a)(62) of the Exchange Act; and (ii) there shall not have occurred any change, or any development involving a prospective change, in the condition, financial or otherwise, or in the earnings, business or operations of the Company and its subsidiaries, taken as a whole, from that set forth in the Time of Sale Prospectus that, in the Managers' judgment, is material and adverse and that makes it, in the Managers' judgment, impracticable to market the Securities on the terms and in the manner contemplated in the Time of Sale Prospectus. (b) The Underwriters shall have received on the Closing Date a certificate, dated the Closing Date and signed by an executive officer of the Company, to the effect set forth in Section 5(a)(i) above and to the effect that the representations and warranties of the Company contained in this Agreement are true and correct as of the Closing Date and that the Company has complied with all of the agreements and satisfied all of the conditions on its part to be performed or satisfied hereunder on or before the Closing Date. The officer signing and delivering such certificate may rely upon the best of his or her knowledge as to proceedings threatened. (c) The Underwriters shall have received, on each of the date hereof and on the Closing Date, a certificate, dated the date hereof or the Closing Date, as the case may be, and signed by the chief financial officer of the Company, with respect to certain financial data contained in or incorporated by reference in each of the Time of Sale Prospectus and the Prospectus, in form and substance reasonably satisfactory to the Underwriters. (d) The Underwriters shall have received on the Closing Date an opinion of Mayer Brown LLP, outside counsel for the Company, dated the Closing Date, addressing the matters set forth in Annex A. With respect to matters of Nevada law, such counsel may rely upon an opinion rendered by special Nevada counsel to the Company. 10 The opinion of counsel for the Company described in Section 5(d) above shall be rendered to the Underwriters at the request of the Company and shall so state therein. (e) The Underwriters shall have received on the Closing Date an opinion of Fennemore Craig, P.C., special Nevada counsel to the Company, dated the Closing Date, addressing the matters set forth in Annex B. (f) The Underwriters shall have received on the Closing Date an opinion of Cravath, Swaine & Moore LLP, counsel for the Underwriters, dated the Closing Date, in form and substance reasonably satisfactory to the Managers. (g) The Underwriters shall have received, on each of the date hereof and the Closing Date, a letter dated the date hereof or the Closing Date, as the case may be, in form and substance satisfactory to the Underwriters, from KPMG LLP, independent public accountants, containing statements and information of the type ordinarily included in accountants' "comfort letters" to underwriters with respect to the financial statements and certain financial information contained in the Registration Statement, the Time of Sale Prospectus and the Prospectus; provided that the letter delivered on the Closing Date shall use a "cut‐off date" not earlier than the date hereof. View More
Payment and Delivery. Payment for the Firm Shares Securities shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Firm Shares Securities for the respective accounts of the several Underwriters at 10:00 a.m. (New York City time) on the closing date and time set forth in Schedule I hereto, June 13, 2022, or at such other time on the same or such other date, not later than seven full business days thereafter as the fifth business day thereafter, as shall ...be designated in writing by you. The Representatives and the Company determine, such time and date of such payment are hereinafter being referred to as the "Closing Date." 15 Payment for any Additional Shares shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Additional Shares for the respective accounts of the several Underwriters at 10:00 a.m., New York City time, on the date specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than the tenth business day thereafter, as shall be designated in writing by you. The Firm Shares and Additional Shares Securities shall be registered in such names and in such denominations as you the Representatives shall request in writing not later than one full business day prior to the Closing Date or the applicable Option Closing Date, as the case may be. Date. The Firm Shares and Additional Shares Securities shall be delivered to you the Representatives on the Closing Date or an Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, with any transfer taxes payable in connection with the transfer of the Shares to the Underwriters duly paid, against payment of the Purchase Price therefor. 13 5. Conditions to the Underwriters' Obligations. The several obligations of the Underwriters are subject to the following conditions: (a) Subsequent to the execution and delivery of this Agreement and prior to the Closing Date: (i) there shall not have occurred any downgrading of the Company by any "nationally recognized statistical rating organization," as such term is defined in Section 3(a)(62) of the Exchange Act ("NRSRO"), nor shall any public announcement have been given of any intended or potential downgrading or of any review for a possible change that does not indicate the direction of the possible change, in the rating accorded any of the securities of the Company by any such NRSRO; and (ii) there shall not have occurred any material adverse change in the financial condition, earnings, business or operations of the Company and its subsidiaries, taken as a whole, from that set forth in the Time of Sale Prospectus (exclusive of any amendments or supplements thereto subsequent to the date of this Agreement). (b) The Underwriters shall have received on the Closing Date a certificate, dated the Closing Date and signed by an executive officer of the Company, to the effect set forth in Section 5(a) above and to the effect that the representations and warranties of the Company contained in this Agreement are true and correct as of the Closing Date and that the Company has complied with all of the agreements and satisfied all of the conditions on its part to be performed or satisfied hereunder on or before the Closing Date. The officer signing and delivering such certificate may rely upon the best of his or her knowledge as to proceedings threatened. (c) The Underwriters shall have received on the Closing Date an opinion letter (including certain negative assurances) of Sidley Austin LLP, outside U.S. counsel for the Company, each dated the Closing Date, substantially in the form set forth in Exhibit A. (d) The Underwriters shall have received on the Closing Date an opinion of Covington & Burling LLP, special U.S. regulatory counsel for the Company, dated the Closing Date, substantially in the form set forth in Exhibit B. The opinions of Sidley Austin LLP and Covington & Burling LLP described in Sections 5(c) and 5(d) above shall be rendered to the Underwriters at the request of the Company and shall so state therein. (e) The Underwriters shall have received on the Closing Date an opinion and letter of Davis Polk & Wardwell LLP, counsel for the Underwriters, each dated the Closing Date, with respect to such matters as the Underwriters shall reasonably request. 14 (f) The Underwriters shall have received executed copies of the Base Indenture and the Eleventh Supplemental Indenture. (g) The Underwriters shall have received, on each of the date hereof and the Closing Date, a letter dated the date hereof or the Closing Date, as the case may be, in form and substance satisfactory to the Underwriters, from KPMG LLP, an independent registered public accounting firm, containing statements and information of the type ordinarily included in accountants' "comfort letters" to underwriters with respect to the financial statements and certain financial information contained in the Registration Statement, the Time of Sale Prospectus and the Prospectus; provided that the letter delivered on the Closing Date shall use a "cut-off date" not earlier than the date hereof. View More
Payment and Delivery. Payment for the Firm Shares Securities shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Firm Shares Securities for the respective accounts account of the several Underwriters Initial Purchaser at 10:00 a.m., New York City time, on the closing date and time set forth in Schedule I hereto, June 23, 2020, or at such other time on the same or such other date, not later than the fifth business day thereafter, June 30, 2020, as shal...l be designated in writing by you. the Initial Purchaser. The time and date of such payment are hereinafter referred to as the "Closing Date." 15 Payment for any Additional Shares Securities shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Additional Shares Securities for the respective accounts account of the several Underwriters Initial Purchaser at 10:00 a.m., New York City time, on the date specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than the tenth business last day thereafter, of the Exercise Period, as shall be designated in writing by you. the Initial Purchaser. The Firm Shares and Additional Shares Securities shall be in definitive form or global form, as specified by the Initial Purchaser, and registered in such names and in such denominations as you the Initial Purchaser shall request in writing not later than one full business day prior to the Closing Date or the applicable Option Closing Date, as the case may be. The Firm Shares and Additional Shares Securities shall be delivered to you the Initial Purchaser on the Closing Date or an Option Closing Date, as the case may be, for the respective accounts account of the several Underwriters, Initial Purchaser, with any transfer taxes payable in connection with the transfer of the Shares Securities to the Underwriters Initial Purchaser duly paid, against payment of the Purchase Price therefor. therefor plus accrued interest, if any, to the date of payment and delivery. View More
Payment and Delivery. Payment for and delivery of the Firm Shares Securities shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Firm Shares Securities for the respective accounts of the several Underwriters at 10:00 a.m., New York City time, on the closing date and time set forth in Schedule I hereto, January 11, 2023, or at such other time on the same or such other date, not later than the fifth business day thereafter, January 18, 2023, as shall be... designated in writing by you. The time and date of such payment are hereinafter referred to as the "Closing Date." 15 Payment for any Additional Shares shall the Securities to be made to the Company in Federal or other funds immediately available in New York City against delivery of such Additional Shares for the respective accounts of the several Underwriters at 10:00 a.m., New York City time, on the date specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than the tenth business day thereafter, as shall be designated in writing by you. The Firm Shares and Additional Shares shall be registered in such names and in such denominations as you shall request in writing not later than one full business day prior to the Closing Date or the applicable Option Closing Date, as the case may be. The Firm Shares and Additional Shares shall be delivered to you purchased on the Closing Date or an Option Closing Date, as shall be made by wire transfer in immediately available funds to the case may be, account specified by the Company to the Representatives against delivery to the nominee of The Depository Trust Company, for the respective accounts account of the several Underwriters, of one or more global notes representing the Securities (collectively, the "Global Note") purchased on such date, with any transfer taxes payable in connection with the transfer sale of such Securities duly paid by the Shares Company. The Global Note will be made available for inspection by the Representatives not later than 1:00 p.m., New York City time, on the business day prior to the Underwriters duly paid, against payment of the Purchase Price therefor. Closing Date. View More
Payment and Delivery. Payment for the Firm Shares Securities shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Firm Shares Securities for the respective accounts of the several Underwriters Initial Purchasers at 10:00 a.m., New York City time, on the closing date and time set forth in Schedule I hereto, May 16, 2019, or at such other time on the same or such other date, not later than the fifth business day thereafter, May 23, 2019, as shall be desi...gnated in writing by you. The time and date of such payment are hereinafter referred to as the "Closing Date." 15 Payment for any Additional Shares Such delivery and payment shall be made at the offices of Davis Polk & Wardwell LLP, 450 Lexington Avenue, New York, New York 10017 (or such other place as may be agreed to by the Company in Federal or other funds immediately available in New York City against delivery of such Additional Shares for the respective accounts of the several Underwriters at 10:00 a.m., New York City time, on the date specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than the tenth business day thereafter, as and Morgan Stanley & Co. LLC). 12 The Securities shall be designated in writing definitive form or global form, as specified by you. The Firm Shares the Representatives, and Additional Shares shall be registered in such names and in such denominations as you the Representatives shall request in writing not later than one full business day prior to the Closing Date or the applicable Option Closing Date, as the case may be. Date. The Firm Shares and Additional Shares Securities shall be delivered to you the Representatives on the Closing Date or an Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, Initial Purchasers, with any transfer taxes payable in connection with the transfer of the Shares Securities to the Underwriters Initial Purchasers duly paid, against payment of the Purchase Price therefor. therefor plus accrued interest, if any, to the date of payment and delivery. Time shall be of the essence, and delivery at the time and place specified in this Agreement is a condition to the obligations of the Initial Purchasers. View More
Payment and Delivery. Payment for the Firm Shares Securities shall be made to the Company in Federal or other funds immediately available in New York City against delivery of such Firm Shares Securities for the respective accounts of the several Underwriters your account at approximately 10:00 a.m., New York City time, on the closing date and time set forth in Schedule I hereto, November 21, 2019, or at such other time on the same or such other date, not later than the fifth business day thereafter, November 27, 2019..., as shall be designated in writing by you. The time and date of such payment are hereinafter referred to as the "Closing Date." 15 Payment for any Additional Shares The Securities shall be made to the Company in Federal definitive form or other funds immediately available in New York City against delivery of such Additional Shares for the respective accounts of the several Underwriters at 10:00 a.m., New York City time, on the date global form, as specified in the corresponding notice described in Section 2 or at such other time on the same or on such other date, in any event not later than the tenth business day thereafter, as shall be designated in writing by you. The Firm Shares you, and Additional Shares shall be registered in such names and in such denominations as you shall request in writing not later than one full business day prior to the Closing Date or the applicable Option Closing Date, as the case may be. Date. The Firm Shares and Additional Shares Securities shall be delivered to you on the Closing Date or an Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, your account, with any transfer taxes payable in connection with the transfer of the Shares Securities to the Underwriters you duly paid, against payment of the Purchase Price therefor. therefor plus accrued interest, if any, to the date of payment and delivery. View More
