Common use of Commitment Fees Clause in Contracts

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five percent (5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 133 contracts

Samples: Equity Distribution Agreement, Equity Line of Credit Agreement (Cyberlux Corp), Equity Distribution Agreement (Unicorp Inc /New)

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Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five four percent (54%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 20 contracts

Samples: Equity Distribution Agreement (Cyop Systems International Inc), Equity Distribution Agreement (Cyop Systems International Inc), Equity Distribution Agreement (Viper Powersports Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five six percent (56%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 16 contracts

Samples: Equity Distribution Agreement (SpeechSwitch, Inc.), Equity Distribution Agreement (Lmic Inc), Line of Credit Agreement (Trey Industries Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from out of the gross proceeds held in escrowof each Advance, an amount equal to five percent (5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will shall be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 10 contracts

Samples: Equity Distribution Agreement (Jeantex Group, Inc.), Equity Distribution Agreement (Serefex Corp), Equity Distribution Agreement (Signalife, Inc.)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five ten percent (510%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Americana Publishing Inc), Equity Distribution Agreement (Advantage Capital Development Corp), Equity Distribution Agreement (Advantage Capital Development Corp)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five percent (5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Cti Industries Corp), Equity Distribution Agreement (Smartire Systems Inc), Equity Distribution Agreement (Productivity Technologies Corp /)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five three percent (53%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Mobilepro Corp), Equity Line of Credit Agreement (Ivp Technology Corp), Credit Agreement (Mobilepro Corp)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrowof each Advance, an amount equal to five six percent (56%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (iVoice Technology, Inc.), Equity Distribution Agreement (SpeechSwitch, Inc.), Equity Distribution Agreement (iVoice Technology, Inc.)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five six and one half percent (56.5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Communication Intelligence Corp), Credit Agreement (Communication Intelligence Corp), Credit Agreement (Communication Intelligence Corp)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from out of the gross proceeds held in escrowof each Advance, an amount equal to five six percent (56%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will shall be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Faceprint Global Solutions Inc), Equity Distribution Agreement (Faceprint Global Solutions Inc), Equity Distribution Agreement (Visiongateway Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrowof each Advance, an amount equal to five percent (5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will shall be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Performance Health Technologies Inc), Equity Distribution Agreement (Sensor System Solutions Inc), Equity Distribution Agreement (Sensor System Solutions Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five six percent (56.0%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (iVoice Technology, Inc.), Equity Distribution Agreement (Deep Field Technologies, Inc.), Equity Distribution Agreement (SpeechSwitch, Inc.)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five percent (5%) of the amount gross proceeds of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (U.S. Helicopter CORP), Equity Distribution Agreement (Capozzi John), Equity Distribution Agreement (U.S. Helicopter CORP)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five six percent (56%) of the amount of each Advance, which shall be paid and deducted from the gross proceeds of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Connected Media Technologies, Inc.), Equity Distribution Agreement (Trust Licensing, Inc., F/K/a New Mountaintop CORP)

Commitment Fees. (i) On each Advance Date the Company shall pay to the InvestorInvestor , directly from the gross proceeds held in escrow, an amount equal to five percent (5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 2 contracts

Samples: Equity Line of Credit Agreement (Ams Homecare Inc), Equity Line of Credit Agreement (Ams Homecare Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five seven percent (57%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Lite King Corp), Equity Line of Credit Agreement (Asia Properties Investments Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five one percent (51%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Signature Leisure Inc), Equity Distribution Agreement (Signature Leisure Inc)

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Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five ten percent (510%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Nuwave Technologies Inc), Equity Distribution Agreement (Nuwave Technologies Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five eight percent (58%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 1 contract

Samples: Equity Line of Credit Agreement (Whitemark Homes Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five and one half percent (55.5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Ivoice Com Inc /De)

Commitment Fees. 1. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five percent (5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Intrepid Technology & Resource Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five four percent (54%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Headliners Entertainment Group, Inc.)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five one and one half percent (51.5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 1 contract

Samples: Equity Line of Credit Agreement (Smartire Systems Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five Five percent (5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Distribution Management Services Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five percent four (54%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 1 contract

Samples: Equity Line of Credit Agreement (Y3k Secure Enterprise Software Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five percent (5%) of the amount of each Advance. In addition, the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to two and one half (2.5%) of the amount of each Advance for the first $10,000,000 of Advances. The Company hereby agrees that if such paymentpayments, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Neomedia Technologies Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five three and one half percent (53.5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, is not made by the Company on the Advance Date, such payment will be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Access Pharmaceuticals Inc)

Commitment Fees. (i) On each Advance Date the Company shall pay to the Investor, directly from the gross proceeds held in escrow, an amount equal to five percent (5%) of the amount of each Advance. The Company hereby agrees that if such payment, as is described above, payment is not made by the Company on the Advance Date, such payment will shall be made at the direction of the Investor as outlined and mandated by Section 2.3 of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Knobias, Inc.)

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