Common use of Payment for the Clause in Contracts

Payment for the. [Securities] [Notes] purchased by the Underwriters hereunder shall be made to the Company or to its order by wire transfer of same day funds at the office of Mayxx, Xrown & Plaxx, 0670 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 xx [10:00 A.M.], New York, New York, time on __________ __, 200_, or at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative and the Company may agree upon in writing (the "Closing Date"). As used herein, the term "Business Day" means any day other than a day on which banks generally are permitted or required to be closed in New York, New York, or __________, __________. Payment for the [Securities] [Notes] purchased by the Underwriters hereunder shall be made against delivery to the Representative for the respective accounts of the Underwriters on the Closing Date of such [Securities] [Notes] in definitive form registered in the name of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Basic Documents, as the Representative shall request in writing not later than a reasonable time prior to the Closing Date, with any transfer taxes payable in connection with the transfer to the Underwriters of the [Securities] [Notes] duly paid by the Company. [The Company shall make such definitive certificates representing the [Securities] [Notes] available for inspection by the Representative at the office of ____________________ not later than [1:00 P.M.], [City, State] time, on the Business Day prior to the Closing Date.]

Payment for the. [Securities] [Notes] Firm Shares, the Optional Shares and the Warrants purchased by from the Underwriters hereunder Company shall be made to the Company or to its order by wire transfer of (i) one or more certified or official bank check or checks in same day funds at the office of Mayxx, Xrown & Plaxx, 0670 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 xx [10:00 A.M.], New York, New York, time on __________ __, 200_, or at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative (and the Company may agree upon agrees not to deposit any such check in writing (the "Closing Date"). As used herein, the term "Business Day" means any day other than a day bank on which banks generally are permitted drawn until the day following the date of its delivery to the Company) or required (ii) federal funds same day wire transfer to be closed in New York, New York, or __________, __________. Payment for the [Securities] [Notes] purchased an account designated by the Underwriters hereunder Company. Such payment shall be made against upon delivery of certificates for the Shares and the Warrants to the Representative you for your account and the respective accounts of the several Underwriters (including without limitation by "full-fast" electronic transfer by the Depository Trust Company) against receipt therefor signed by you and the payment of the Non-Accountable Expense Allowance to you. Payment for the Non-Accountable Expense Allowance shall be made to the Representative or to their order by (i) one or more certified or official bank check or checks in same day funds, (ii) federal funds same day wire transfer to an account designated by the Representative or (iii) at the option of the Representative, may be deducted from the amount transferred to the Company pursuant to this Section 4(c). Certificates for the Shares and the Warrants to be delivered to you shall be registered in such name or names and shall be in such denominations as you may request at least one business day before the Closing Date, in the case of Firm Shares, the Firm Warrants and the Initial Closing Option Warrants (each as defined in paragraph (p) of Section 5), and at least one business day prior to the purchase thereof, in the case of the Optional Shares and the Option Closing Option Warrants (as defined in paragraph (p) of Section 5). Certificates for the Firm Shares and Optional Shares will be made available to the Underwriters for inspection, checking and packaging at such office or such other place as the Representative may designate not later than 9:30 a.m. Boston time on the business day prior to the Closing Date or, in the case of the Optional Shares, by 9:30 a.m., Boston time, on the business day preceding the date of purchase. It is understood that you, individually and not on behalf of the Underwriters, may (but shall not be obligated to) make payment to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later date on which Optional Shares are purchased for the account of such [Securities] [Notes] in definitive form registered in the name of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Basic Documents, as the Representative shall request in writing not later than a reasonable time prior to the Closing Date, with any transfer taxes payable in connection with the transfer to the Underwriters of the [Securities] [Notes] duly paid by the Company. [The Company shall make such definitive certificates representing the [Securities] [Notes] available for inspection by the Representative at the office of ____________________ not later than [1:00 P.M.], [City, State] time, on the Business Day prior to the Closing Date.]such

Payment for the. [Securities] [Notes] purchased by the Underwriters hereunder shall be made to the Company or to its order by wire transfer of same day funds at the office of MayxxMayer, Xrown Brown & PlaxxPlatt, 0670 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 xx [10:00 A.M.]1675 Broadway, New York, New YorkYork 10019] at [10:00 X.M.], time on New Xxxx, Nex Xxxx, xxxx xx __________ __, 200000_, or xx at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative and the Company may agree upon in writing (the "Closing Date"). As used herein, the term "Business Day" means any day other than a day on which banks generally are permitted or required to be closed in New York, New York, or __________, __________. Payment for the [Securities] [Notes] purchased by the Underwriters hereunder shall be made against delivery to the Representative for the respective accounts of the Underwriters on the Closing Date of such [Securities] [Notes] in definitive form registered in the name of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Basic Documents, as the Representative shall request in writing not later than a reasonable time prior to the Closing Date, with any transfer taxes payable in connection with the transfer to the Underwriters of the [Securities] [Notes] duly paid by the Company. [The Company shall make such definitive certificates representing the [Securities] [Notes] available for inspection by the Representative at the office of ____________________ not later than [1:00 P.M.], [City, State] time, on the Business Day prior to the Closing Date.]

Payment for the. [Securities] [Notes] purchased by the Underwriters hereunder Firm Shares shall be made to the Company in Federal or to its order by wire transfer other funds immediately available in New York City against delivery of same day funds such Firm Shares for the respective accounts of the several Underwriters at the office of Mayxx, Xrown & Plaxx, 0670 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 xx [10:00 A.M.], New YorkYork City time, New York, time on [__________ ____, 200_1997], or at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative and the Company may agree upon in writing (the "Closing Date"). As used herein, the term "Business Day" means any day other than a day on which banks generally are permitted or required to be closed in New York, New York, or __________, __________. Payment for the [Securities] [Notes] purchased by the Underwriters hereunder shall be made against delivery to the Representative for the respective accounts of the Underwriters on the Closing Date of such [Securities] [Notes] in definitive form registered in the name of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Basic Documents, as the Representative shall request in writing not later than a reasonable time prior to the Closing Date, with any transfer taxes payable in connection with the transfer to the Underwriters of the [Securities] [Notes] duly paid by the Company. [The Company shall make such definitive certificates representing the [Securities] [Notes] available for inspection by the Representative at the office of _____________, 1997], as shall be designated in writing by you. The time and date of such payment are hereinafter referred to as the "Closing Date". Payment for 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 notice described in Article II or at such other time on the same or on such other date, in any event not later than [_______ ______, 1997] as shall be designated in writing by you. The time and date of such payment are hereinafter referred to as the "Option Closing Date." Certificates for the Firm Shares and Additional Shares shall be in definitive form and registered in such names and in such denominations as you shall request in writing not later than [1:00 P.M.], [City, State] time, on the Business Day one full business day prior to the Closing Date or the Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and Additional Shares shall be delivered to you on the Closing Date or the 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.]

Payment for the. [Securities] [Notes] purchased by the Underwriters hereunder shall be made to the Company Seller or to its order by wire transfer of same day funds at the office of MayxxXxxxx, Xrown Brown & PlaxxXxxxx, 0670 Xxxxxxxx000 Xxxxx XxXxxxx Xxxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx Xxxxxxxx 00000 xx at [10:00 A.M.], New YorkChicago, New YorkIllinois, time on __________ __, 200_, or at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative and the Company Seller may agree upon in writing (the "Closing Date"). As used herein, the term "Business ------------ -------- Day" means any day other than a day on which banks generally are permitted or --- required to be closed in New York, New York, Chicago, Illinois or __________, __________. Payment for the [Securities] [Notes] purchased by the Underwriters hereunder shall be made against delivery to the Representative for the respective accounts of the Underwriters on the Closing Date of such [Securities] [Notes] in definitive form registered in the name of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Basic Documents, as the Representative shall request in writing not later than a reasonable time prior to the Closing Date, with any transfer taxes payable in connection with the transfer to the Underwriters of the [Securities] [Notes] duly paid by the CompanySeller. [The Company Seller shall make such definitive certificates representing the [Securities] [Notes] available for inspection by the Representative at the office of ____________________ not later than [1:00 P.M.], [City, State] time, on the Business Day prior to the Closing Date.]

Payment for the. [Securities] [Notes] purchased by the Underwriters hereunder shall be made to the Company or to its order by wire transfer of same day funds at the office of MayxxXxxxx, Xrown Brown & PlaxxXxxxx, 0670 Xxxxxxxx000 Xxxxx XxXxxxx Xxxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx Xxxxxxxx 00000 xx at [10:00 A.M.], New YorkChicago, New YorkIllinois, time on __________ __, 200_, or at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative and the Company may agree upon in writing (the "Closing Date"). As used herein, the term "Business Day" means any day other than a day on which banks generally are permitted or required to be closed in New York, New York, Chicago, Illinois or __________, __________. Payment for the [Securities] [Notes] purchased by the Underwriters hereunder shall be made against delivery to the Representative for the respective accounts of the Underwriters on the Closing Date of such [Securities] [Notes] in definitive form registered in the name of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Basic Documents, as the Representative shall request in writing not later than a reasonable time prior to the Closing Date, with any transfer taxes payable in connection with the transfer to the Underwriters of the [Securities] [Notes] duly paid by the Company. [The Company shall make such definitive certificates representing the [Securities] [Notes] available for inspection by the Representative at the office of ____________________ not later than [1:00 P.M.], [City, State] time, on the Business Day prior to the Closing Date.]

Payment for the. [Securities] [Notes] Firm Shares, the Optional Shares and the Warrants purchased by from the Underwriters hereunder Company shall be made to the Company or to its order by wire transfer of (i) one or more certified or official bank check or checks in same day funds at the office of Mayxx, Xrown & Plaxx, 0670 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 xx [10:00 A.M.], New York, New York, time on __________ __, 200_, or at such other time on the same or such other date, not later than the fifth Business Day thereafter, as the Representative (and the Company may agree upon agrees not to deposit any such check in writing (the "Closing Date"). As used herein, the term "Business Day" means any day other than a day bank on which banks generally are permitted drawn until the day following the date of its delivery to the Company) or required (ii) federal funds same day wire transfer to be closed in New York, New York, or __________, __________. Payment for the [Securities] [Notes] purchased an account designated by the Underwriters hereunder Company. Such payment shall be made against upon delivery of certificates for the Shares and the Warrants to the Representative you for your account and the respective accounts of the several Underwriters (including without limitation by "full-fast" electronic transfer by the Depository Trust Company) against receipt therefor signed by you and the payment of the Non-Accountable Expense Allowance to you. Payment for the Non-Accountable Expense Allowance shall be made to the Representative or to their order by (i) one or more certified or official bank check or checks in same day funds, (ii) federal funds same day wire transfer to an account designated by the Representative or (iii) at the option of the Representative, may be deducted from the amount transferred to the Company pursuant to this Section 4(c). Certificates for the Shares and the Warrants to be delivered to you shall be registered in such name or names and shall be in such denominations as you may request at least one business day before the Closing Date, in the case of Firm Shares and the Warrants, and at least one business day prior to the purchase thereof, in the case of the Optional Shares. Certificates for the Firm Shares and Optional Shares will be made available to the Underwriters for inspection, checking and packaging at such office or such other place as the Representative may designate not later than 9:30 a.m. Boston time on the business day prior to the Closing Date or, in the case of the Optional Shares, by 9:30 a.m., Boston time, on the business day preceding the date of purchase. It is understood that you, individually and not on behalf of the Underwriters, may (but shall not be obligated to) make payment to the Company for shares to be purchased by any Underwriter whose check shall not have been received by you on the Closing Date or any later date on which Optional Shares are purchased for the account of such [Securities] [Notes] in definitive form registered in the name Underwriter. Any such payment by you shall not relieve such Underwriter from any of Cede & Co. as nominee of The Depository Trust Company and in such denominations, as permitted by the Basic Documents, as the Representative shall request in writing not later than a reasonable time prior to the Closing Date, with any transfer taxes payable in connection with the transfer to the Underwriters of the [Securities] [Notes] duly paid by the Company. [The Company shall make such definitive certificates representing the [Securities] [Notes] available for inspection by the Representative at the office of ____________________ not later than [1:00 P.M.], [City, State] time, on the Business Day prior to the Closing Dateits obligations hereunder.]