Common use of Commission and Expenses Clause in Contracts

Commission and Expenses. a) The Company will pay on November 22, 0000 Xxxxxx time (the "Closing Date") to Banca del Gottardo (1) a managing and underwriting commission of 6% calculated on the principal amount of the Notes (2) USD 35'000.-- for out-of-pocket expenses incurred by Banca del Gottardo, which shall include all its legal fees and expenses. The payment by the Company of (1) and (2) above will be made by deduction from the payment by Banca del Gottardo to the Company of the Proceeds, resulting in the Net Proceeds as per Article VI. b) The Company shall further bear when ascertainable and due - all present or future taxes, duties or other charges levied by or within the United States of America in connection with the execution and delivery of this Agreement, the Global Note and the Global Warrant (excluding tax on interest or principal on the Notes which is addressed in Annex A); and - the commissions and expenses for the servicing and the conversion of the Notes as per Article X and the exercise of the Warrants as set forth in the Warrant Agency Agreement; c) The Company will reimburse Banca del Gottardo on first demand for all reasonable bank charges, legal fees and other reasonable costs and expenses incurred or to be incurred by Banca del Gottardo in case of or in connection with reorganization, merger, restructuring or default, actual or threatened, of the Company as well as in connection with the convening of a Noteholders' meeting and the preservation and enforcement of any of the rights under this Agreement, the Global Warrant or the Warrants, the Global Note or the Notes. d) Banca del Gottardo shall bear - all costs and expenses in connection with the initial offering and placement of the Notes and the Warrants incurred by it. Banca del Gottardo shall further bear - the cost for the printing and delivery to the holders of the definitive Notes or of the definitive Warrants incurred by Banca del Gottardo on behalf of the Company. - all costs incurred by it in connection with the offering, including the printing in Switzerland of the Information Memorandum relating to the Notes and the Warrants.

Commission and Expenses. a) The Company will pay on November 22September 1, 0000 1995 Xxxxxx time xxxe (the "Closing Settlement Date") to Banca del Gottardo (1) a managing and underwriting commission of 6% calculated on the principal amount of the Notes6 1/4% (2) USD 35'000.-- 50'000.-- for out-of-pocket expenses incurred by Banca del Gottardo, which shall include all its legal fees and expenses. The payment by the Company of (1) and (2) above will be made by deduction from the payment by Banca del Gottardo to the Company of USD 7'000'000.-- of the Proceedsprincipal amount, resulting in the Net Proceeds net proceeds as per Article VI. b) The Company shall further bear when ascertainable and due - all present or future taxes, duties or other charges levied by or within the United States of America in connection with the execution and delivery of this Agreement, the Global Note and the Global Warrant (excluding tax on interest or principal on the Notes which is addressed in Annex A); and - the commissions and expenses for the servicing and the conversion of the Notes as per Article X and the exercise of the Warrants as set forth in the Warrant Agency AgreementX; c) The Company will reimburse Banca del Gottardo on first demand for all reasonable bank charges, legal fees and other reasonable costs and expenses incurred or to be incurred by Banca del Gottardo in case of or in connection with reorganization, merger, restructuring or default, actual or threatened, of the Company as well as in connection with the convening of a Noteholders' meeting and the preservation and enforcement of any of the rights under this Agreement, the Global Warrant or the WarrantsPledge/Security Agreement, the Global Note or the Notes. d) Banca del Gottardo shall bear - all costs and expenses in connection with the initial offering and placement of the Notes and the Warrants incurred by it. Banca del Gottardo shall further bear - the cost for the printing and delivery to the holders of the definitive Notes or of the definitive Warrants (if printed) incurred by Banca del Gottardo on behalf of the Company. - all costs incurred by it in connection with the offering, including the printing in Switzerland of the Information Memorandum relating to the Notes and the WarrantsNotes.

Commission and Expenses. a) The Company will pay on November 22August 11, 0000 1997 Xxxxxx time xxxe (the "Closing Date") to Banca del Gottardo (1) a managing and underwriting commission of 67% calculated on the principal amount of the Notes (2) USD 35'000.-- 50'000.-- for out-of-pocket expenses incurred by Banca del Gottardo, which shall include all its legal fees and expenses. The payment by the Company of (1) and (2) above will be made by deduction from the payment by Banca del Gottardo to the Company of the Proceeds, resulting in the Net Proceeds as per Article VI. b) The Company shall further bear when ascertainable and due - all present or future taxes, duties or other charges levied by or within the United States of America in connection with the execution and delivery deliver, of this Agreement, the Global Note and the Global Warrant (excluding tax on interest or principal on the Notes which is addressed in Annex A); and - the commissions and expenses for the servicing and the conversion of the Notes as per Article X and the exercise of the Warrants as set forth in the Warrant Agency Agreement;. c) The Company will reimburse Banca del Gottardo on first demand for all reasonable bank charges, legal fees and other reasonable costs and expenses incurred or to be incurred by Banca del Gottardo in case of or in connection with reorganization, merger, restructuring or default, actual or threatened, threatened of the Company as well as in connection with the convening of a Noteholders' meeting and the preservation and enforcement of any of the rights under this Agreement, the Global Warrant or the Warrants, the Global Note or the Notes. d) Banca del Gottardo shall bear - all costs and expenses in connection with the initial offering and placement of the Notes and the Warrants incurred by it. Banca del Gottardo shall further bear - the cost for the printing and delivery deliver to the holders of the definitive Notes or of the definitive Warrants incurred by Banca del Gottardo on behalf of the Company. - all costs incurred by it in connection with the offering, including the printing in Switzerland of the Information Memorandum relating to the Notes and the Warrants.

Commission and Expenses. a) The Company will pay on November 22October 29, 0000 Xxxxxx time (the "Closing Date") to Banca del Gottardo (1) a managing and underwriting commission of 65% calculated on the principal amount of the Notes (2) USD 35'000.-- for out-of-out of pocket expenses incurred by Banca del Gottardo, which shall include all its legal fees and expenses. of CHF 10'000.-- The payment by the Company of (1) and (2) above will be made by deduction from the payment by Banca del Gottardo to the Company of the Proceeds, resulting in the Net Proceeds as per Article VI. b) The Company shall further bear when ascertainable and due - all present or future taxes, duties or other charges levied by or within the United States of America in connection with the execution and delivery of this Agreement, the Permanent Global Note and the Global Warrant (excluding tax on interest or principal on the Notes which is addressed in Annex A); and - the commissions and expenses for the servicing and the conversion of the Notes as per Article X and the exercise of the Warrants as set forth in the Warrant Agency AgreementX; c) The Company will reimburse Banca del Gottardo on first demand for all reasonable bank charges, reasonable legal fees and other reasonable costs and expenses incurred or to be incurred by Banca del Gottardo in case of or in connection with reorganization, merger, restructuring or default, actual or threatened, of the Company as well as in connection with the convening of a Noteholders' meeting and the preservation and enforcement of any of the rights under this Agreement, the Global Warrant or the Warrants, the Permanent Global Note or the Notes. d) Banca del Gottardo shall bear - all costs and expenses in connection with the initial offering and placement of the Notes and the Warrants incurred by it. Banca del Gottardo shall further bear - the cost for the printing and delivery to the holders of the definitive Notes or of the definitive Warrants Notes, if printed, incurred by Banca del Gottardo on behalf of the Company. - all costs incurred by it in connection with the offering, including the printing in Switzerland of the Information Memorandum relating to the Notes and the WarrantsNotes.