Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 5 contracts
Samples: Stock Option and Warrant Agreement (American Equity Investment Life Holding Co), Note Agreement (Nestor Inc), Warrant Agreement (Ziegler William R)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 5 contracts
Samples: Exchange Agreement (Baker Hughes Inc), Securities Purchase Agreement (Stan Lee Media Inc), Restructuring Agreement (Cypress Group LLC)
Cash. In the case of the issuance of shares of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such shares of Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.; and
Appears in 4 contracts
Samples: Warrant Agreement (Brantley Capital Corp), Warrant Agreement (Waterlink Inc), Warrant Agreement (Waterlink Inc)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom plus any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Holiday Rv Superstores Inc), Securities Purchase Agreement (Holiday Rv Superstores Inc), Securities Purchase Agreement (Holiday Rv Superstores Inc)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before after deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 3 contracts
Samples: Warrant Agreement (Acr Group Inc), Warrant Agreement (Gexa Corp), Warrant Agreement (Acr Group Inc)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company Corporation shall be deemed to be the amount of the cash proceeds received by the Company Corporation for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company Corporation for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 3 contracts
Samples: Investment Agreement (O'Gara Group, Inc.), Investment and Recapitalization Agreement (O'Gara Group, Inc.), Securities Purchase Agreement (Remote MDX Inc)
Cash. In the case of the issuance of Common Stock for cash, the ---- amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 2 contracts
Samples: Exchange Agreement (Tuboscope Vetco International Corp), Subscription Agreement (Tuboscope Vetco International Corp)
Cash. In the case of the issuance of Common Stock Shares for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock Shares before deducting therefrom (y) any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.thereof and (z) any amount paid or payable for accrued interest or accrued dividends; and
Appears in 2 contracts
Samples: Convertible Secured Note (Tripp Steven Francis), Convertible Secured Note (Spatialight Inc)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed considered to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Amre Inc), Merger Agreement (Ocean Energy Inc /Tx/)
Cash. In the case of the issuance of Common Stock for ---- cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 1 contract
Samples: Debenture Agreement (Earthcare Co)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company Borrower shall be deemed to be the amount of the cash proceeds received by the Company Borrower for such Common Stock before deducting therefrom there from any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company Borrower for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 1 contract
Samples: Loan Agreement (Univec Inc)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the the. amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 1 contract
Samples: Warrant Agreement (American Equity Investment Life Holding Co)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock shares before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 1 contract
Cash. In the case of the issuance of shares of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such shares of Common Stock before deducting therefrom any reasonable discounts, commissionscommission, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.; and
Appears in 1 contract
Samples: Warrant Agreement (Athersys Inc /Oh)
Cash. In the case of the issuance of Common Stock for cash, other than the shares issued or issuable as set forth on Exhibit "B" attached hereto, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before after deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 1 contract
Samples: Warrant Agreement (Gexa Corp)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company corporation shall be deemed to be the amount of the cash proceeds received by the Company corporation for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company corporation for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 1 contract
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.. Series I Preferred Stock
Appears in 1 contract
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before after deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 1 contract
Samples: Warrant Agreement (Acr Group Inc)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before after deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 1 contract
Samples: Warrant Agreement (Acr Group Inc)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company Corporation for such Common Stock before deducting therefrom plus any reasonable discounts, commissions, taxes or other expenses allowed, paid paid, granted or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 1 contract
Samples: Secured Promissory Note (Holiday Rv Superstores Inc)
Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the gross cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
Appears in 1 contract
Samples: Warrant Agreement (Nestor Inc)
