Common use of Definitive Agreement Clause in Contracts

Definitive Agreement. This Agreement reflects FIG’s present intention of proceeding to work with the Company on its proposed Offering. No legal and binding obligation is created on the part of the Company or FIG with respect to the subject matter hereof, except as to (i) the agreement to maintain the confidentiality of Confidential Information set forth in Section 9, (ii) the payment of certain fees as set forth in Section 3, (iii) the payment of expenses as set forth in Section 4, (iv) the representations set forth in Section 5, (v) the indemnification and contribution provisions set forth in Section 6 and (iv) those terms set forth in a mutually agreed upon Agency Agreement between FIG and the Company to be executed prior to commencement of the Offering, all of which shall constitute the binding obligations of the parties hereto and which shall survive the termination of this Agreement or the completion of the services furnished hereunder and shall remain operative and in full force and effect. FIG’s execution of such Agency Agreement shall also be subject to (a) the satisfactory completion of FIG’s Due Diligence Review, (b) the preparation of Offering materials that are satisfactory to FIG, (c) compliance with all relevant legal and regulatory requirements to the reasonable satisfaction of FIG and its counsel, (d) receipt of internal approvals, (e) agreement that the price established by the independent appraiser for the Offering is reasonable under market conditions at the time of the proposed Offering, and (f) satisfactory market conditions at the time of the proposed Offering.

Definitive Agreement. This Agreement reflects FIG’s Sterne Xxxx’x present intention of proceeding to work with the Company on its proposed Offering. No legal and binding obligation is created on the part of the Company or FIG Sterne Agee with respect to the subject matter hereof, except as to (i) the agreement to maintain the confidentiality of Confidential Information set forth in Section 9, (ii) the payment of certain fees as set forth in Section 3, (iii) the payment of expenses as set forth in Section 4, (iv) the representations set forth in Section 5, (v) the indemnification and contribution provisions set forth in Section 6 and (iv) those terms set forth in a mutually agreed upon Agency Agreement between FIG Sterne Agee and the Company to be executed prior to commencement of the Offering, all of which shall constitute the binding obligations of the parties hereto and which shall survive the termination of this Agreement letter agreement or the completion of the services furnished hereunder and shall remain operative and in full force and effect. FIG’s Sterne Xxxx’x execution of such Agency Agreement shall also be subject to (a) the satisfactory completion of FIG’s Due Diligence ReviewSterne Xxxx’x satisfaction with due diligence review, (b) the preparation of Offering materials that are satisfactory to FIGSterne Agee, (c) compliance with all relevant legal and regulatory requirements to the reasonable satisfaction of FIG Sterne Agee and its counsel, (d) receipt of internal approvals, (e) agreement that the price established by the independent appraiser for the Offering is reasonable under market conditions at the time of the proposed Offering, and (f) satisfactory market conditions at the time of the proposed Offering.

Definitive Agreement. This Agreement reflects FIG’s Sterne Xxxx’x present intention of proceeding to work with the Company on its proposed Offering. No legal and binding obligation is created on the part of the Company or FIG Sterne Agee with respect to the subject matter hereof, except as to (i) the agreement to maintain the confidentiality of Confidential Information set forth in Section 9, (ii) the payment of certain fees as set forth in Section 3, (iii) the payment of expenses as set forth in Section 4, (iv) the representations set forth in Section 5, (v) the indemnification and contribution provisions set forth in Section 6 and (iv) those terms set forth in a mutually agreed upon Agency Agreement between FIG Sterne Agee and the Company to be executed prior to commencement of the Offering, all of which shall constitute the binding obligations of the parties hereto and which shall survive the termination of this Agreement or the completion of the services furnished hereunder and shall remain operative and in full force and effect. FIG’s Sterne Xxxx’x execution of such Agency Agreement shall also be subject to (a) the satisfactory completion of FIG’s Due Diligence ReviewSterne Xxxx’x satisfaction with due diligence review, (b) the preparation of Offering materials that are satisfactory to FIGSterne Agee, (c) compliance with all relevant legal and regulatory requirements to the reasonable satisfaction of FIG Sterne Agee and its counsel, (d) receipt of internal approvals, (e) agreement that the price established by the independent appraiser for the Offering is reasonable under market conditions at the time of the proposed Offering, and (f) satisfactory market conditions at the time of the proposed Offering.

Definitive Agreement. This Agreement reflects FIG’s Sterne Xxxx’x present intention of proceeding to work with the Company on its proposed Offering. No legal and binding obligation is created on the part of the Company or FIG Sterne Agee with respect to the subject matter hereof, except as to (i) the agreement to maintain the confidentiality of Confidential Information set forth in Section 9, (ii) the payment of certain fees as set forth in Section 3, (iii) the payment of expenses as set forth in Section 4, (iv) the representations set forth in Section 5, (v) the indemnification and contribution provisions set forth in Section 6 and (iv) those terms set forth in a mutually agreed upon Agency Agreement between FIG Sterne Agee and the Company to be executed prior to commencement of the Offering, all of which shall constitute the binding obligations of the parties hereto and which shall survive the termination of this Agreement or the completion of the services furnished hereunder and shall remain operative and in full force and effect. FIG’s Sterne Xxxx’x execution of such Agency Agreement shall also be subject to (a) the satisfactory completion of FIG’s Sterne Xxxx’x Due Diligence Review, (b) the preparation of Offering materials that are satisfactory to FIGSterne Agee, (c) compliance with all relevant legal and regulatory requirements to the reasonable satisfaction of FIG Sterne Agee and its counsel, (d) receipt of internal approvals, (e) agreement that the price established by the independent appraiser for the Offering is reasonable under market conditions at the time of the proposed Offering, and (f) satisfactory market conditions at the time of the proposed Offering.

Definitive Agreement. This Agreement reflects FIGJanney’s present intention of proceeding to work with the Company on its proposed Offering. No legal and binding obligation is created on the part of the Company or FIG Janney with respect to the subject matter hereof, except as to (i) the agreement to maintain the confidentiality of Confidential Information set forth in Section 9, (ii) the payment of certain fees as set forth in Section 3, (iii) the payment of expenses as set forth in Section 4, (iv) the representations set forth in Section 5, (v) the indemnification and contribution provisions set forth in Section 6 and (iv) those terms set forth in a mutually agreed upon Agency Agreement between FIG Janney and the Company to be executed prior to commencement of the Offering, all of which shall constitute the binding obligations of the parties hereto and which shall survive the termination of this Agreement or the completion of the services furnished hereunder and shall remain operative and in full force and effect. FIGJanney’s execution of such Agency Agreement shall also be subject to (a) the satisfactory completion of FIGJanney’s Due Diligence Review, (b) the preparation of Offering materials that are satisfactory to FIGJanney, (c) compliance with all relevant legal and regulatory requirements to the reasonable satisfaction of FIG Janney and its counsel, (d) receipt of internal approvals, (e) agreement that the price established by the independent appraiser for the Offering is reasonable under market conditions at the time of the proposed Offering, and (f) satisfactory market conditions at the time of the proposed Offering.