Settlement Clause Example from Business Contracts

This example Settlement clause appears in 7 contracts from 1 company

Settlement. (a) Settlement of Placement Shares. Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Shares will occur on the third (3rd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a "Settlement Date"). The amount of proceeds to be delivered to the Company on a Settlement Date against receipt of the Placement Shares sold (the "Net Proceeds") will be equal to the aggregate... sales price received by Agent for such Placement Shares, after deduction for (i) Agent's commission, discount or other compensation for such sales payable by the Company pursuant to Section 2 hereof, (ii) any other amounts due and payable by the Company to Agent hereunder pursuant to Section 7(h) (Expenses) hereof, and (iii) any transaction fees imposed by any governmental or self-regulatory organization in respect of such sales. (b) Delivery of Placement Shares. On or before each Settlement Date, the Company will, or will cause its transfer agent to, electronically transfer the Placement Shares being sold by crediting Agent's or its designee's account (provided Agent shall have given the Company written notice of such designee prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradeable, transferable, registered shares in good deliverable form. On each Settlement Date, Agent will deliver the related Net Proceeds in same day funds to an account designated by the Company on, or prior to, the Settlement Date. The Company agrees that if the Company, or its transfer agent (if applicable), defaults in its obligation to deliver Placement Shares on a Settlement Date, in addition to and in no way limiting the rights and obligations set forth in Section 9(a) (Indemnification and Contribution) hereto, it will (i) hold Agent harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and (ii) pay to Agent any commission, discount, or other compensation to which it would otherwise have been entitled absent such default; provided, however, that the Company shall not be obligated to so indemnify and reimburse Agent if the Placement Shares are not delivered due to (i) a suspension or material limitation in trading in securities generally on the Exchange, the American Stock Exchange or the NASDAQ; (ii) a general moratorium on commercial banking activities declared by either federal or New York State authorities or a material disruption in commercial banking or securities settlement or clearance services in the United States; (iii) an outbreak or escalation of hostilities or acts of terrorism involving the United States or a declaration by the United States of a national emergency or war; or (iv) any other calamity or crisis or any change in financial, political or economic conditions in the United States or elsewhere. View More Arrow
Found in Healthcare Realty Trust contract
Healthcare Realty Trust Contracts

HEALTHCARE REALTY TRUST INCORPORATED 10,000,000 SHARES SALESAGREEMENT (Filed With SEC on February 19, 2016)

HEALTHCARE REALTY TRUST INCORPORATED 10,000,000 SHARES SALES AGREEMENT (Filed With SEC on February 19, 2016)

HEALTHCARE REALTY TRUST INCORPORATED 10,000,000 SHARES SALES AGREEMENT (Filed With SEC on February 19, 2016)

HEALTHCARE REALTY TRUST INCORPORATED 9,000,000 SHARES CONTROLLED EQUITY OFFERINGSM SALES AGREEMENT (Filed With SEC on March 29, 2013)

HEALTHCARE REALTY TRUST INCORPORATED 9,000,000 SHARES EQUITY DISTRIBUTION AGREEMENT (Filed With SEC on March 29, 2013)

HEALTHCARE REALTY TRUST INCORPORATED 9,000,000 SHARES AT-THE-MARKET EQUITY OFFERING SALES AGREEMENT (Filed With SEC on March 29, 2013)

HEALTHCARE REALTY TRUST INCORPORATED 9,000,000 SHARES SALES AGENCY FINANCING AGREEMENT (Filed With SEC on March 29, 2013)