Best Efforts Basis Clause Samples

Best Efforts Basis. On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions of this Agreement, the Selling Agent agrees to act on a best efforts basis only, in connection with the issuance and sale by the Company of the Shares to the Investors. Under no circumstances will the Selling Agent be obligated to underwrite or purchase any of the Shares for its own account or otherwise provide any financing.

Best Efforts Basis. Consultant agrees that he will at all times faithfully and to the best of his experience, ability and talents, perform all the duties that may be required of and from Consultant, pursuant to the terms of this Agreement. Consultant does not guarantee that his efforts will have any impact on Client's business or that any subsequent financial improvement will result from Consultant's efforts. Client understands and acknowledges that the success or failure of Consultant's efforts will be predicated on Client's assets and operating results.

Best Efforts Basis. The Service Provider agrees that it will, at all times, faithfully and in a professional manner perform all of the duties that may be reasonably required of, and from, the Service Provider pursuant to the terms of this Agreement. The Service Provider does not guarantee that the Services will have any impact upon the Company's business or that there will be any specific result or improvement from the Services.

Best Efforts Basis. The Company hereby expressly acknowledges that the Agent is under no obligation to purchase any number of Shares in a manner which may be construed as a firm underwriting or commitment and that the entirety of the relationship created hereby is strictly characterized by the term(s) “agent,” “finder,” and “best efforts” as these terms are generally used by applicable rules, regulations, interpretations and opinions issued by the SEC and the National Association of Securities Dealers (“NASD”). There is no obligation on the part of the Agent to purchase or raise the minimum proceeds indicated.

Best Efforts Basis. Subject to Section 7 and the last sentence of Section 5 hereof, Consultant agrees that he will at all times faithfully and to the best of his experience, ability and talents perform all the duties that may be required of it pursuant to the terms of this Agreement. The Company specifically acknowledges and agrees, however, that the services to be rendered by Consultant shal1 be conducted on a "best-efforts" basis and has not, cannot and does not guarantee that his efforts will have any impact on the Company's business or that any subsequent corporate improvement will result from his efforts.

Best Efforts Basis. On the basis of the representations, warranties and agreements of the Company herein contained, and subject to all the terms and conditions of this Agreement, the Placement Agent shall be the exclusive placement agent in connection with the offering and sale by the Company of the Securities in the Offering, with the terms of the Offering to be subject to market conditions and negotiations between the Company, the Placement Agent and the prospective Investors. The Placement Agent will act on a reasonable best efforts basis and the Company agrees and acknowledges that there is no guarantee of the successful placement of the Securities, or any portion thereof, in the prospective Offering. Under no circumstances will the Placement Agent or any of its Affiliates be obligated to underwrite or purchase any of the Securities for its own account or otherwise provide any financing. The Placement Agent shall act solely as the Company’s agent and not as principal. The Placement Agent shall have no authority to bind the Company with respect to any prospective offer to purchase Securities and the Company shall have the sole right to accept offers to purchase Securities and may reject any such offer, in whole or in part. Subject to the terms and conditions hereof, payment of the purchase price for, and delivery of, the Closing Securities shall be made at one closing, unless otherwise agreed by the parties (the “Closing”). The Closing of the issuance of the Closing Securities shall occur via “Delivery Versus Payment”, i.e., on the Closing Date, the Company shall issue the Closing Securities directly to the account designated by the Placement Agent and the Placement Agent shall electronically deliver such Closing Securities to the applicable Investor and payment shall be made by the Placement Agent (or its clearing firm) by wire transfer to the Company.

Best Efforts Basis. The parties agree that they individually and separately shall at all times faithfully and to the best of their experience, ability, and talents, perform all the duties that may be required of and from each other pursuant to the terms of this Agreement. Consultant does not guarantee or warrant that its efforts shall have any impact on Client's business or that any subsequent financial improvement shall result from Consultant's efforts. Client understands and acknowledges that the success or failure of consultant's efforts may be predicted on Client's assets and operating results as well as Client's ability to attract capital through the public securities markets.

Best Efforts Basis. The Consultant agrees that he will, at all times, faithfully and in a professional manner perform all of the duties that may be reasonably required of, and from, the Consultant pursuant to the terms of this Agreement. The Consultant does not guarantee that his efforts will have any impact upon the Company’s business or that there will be any specific result or improvement from the Consultant’s efforts.

Best Efforts Basis. Subject to Section 7 Consultant agrees that he will at all times faithfully and to the best of his experience, ability and talents perform all the duties that may be required of it pursuant to the terms of this Agreement.