Engagement Letter. The Firm’s engagement letter(s), which contains the fee quote, shall be incorporated as a part of this contract.
Engagement Letter. Except to the extent specifically stated herein, the Engagement Letter shall remain in full force and effect in accordance with its terms; provided, however, that to the extent any provision of this Agreement conflicts with, or addresses representations, warranties, rights or obligations also addressed by, the Engagement Letter, the provisions of this Agreement shall supersede the conflicting or duplicative provisions of the Engagement Letter solely with respect to the Offering. Except as provided in this Section 16, this Agreement constitutes the entire agreement of the parties hereto and supersedes all prior written or oral and all contemporaneous oral agreements, understandings and negotiations with respect to the subject matter hereof. In this Agreement, the masculine, feminine and neuter genders and the singular and the plural include one another. The section headings in this Agreement are for the convenience of the parties only and will not affect the construction or interpretation of this Agreement. This Agreement may be amended or modified, and the observance of any term of this Agreement may be waived, only by a writing signed by the Company and the Agent. If the foregoing correctly sets forth the understanding between the Company and the Agent, please so indicate in the space provided below for that purpose, whereupon this agreement and your acceptance shall constitute a binding agreement between the Company and the Agent. Very truly yours, BIOPURE CORPORATION By: /s/ Xxxxxxx X. Xxxxxxxxx ----------------------------- Name: Xxxxxxx X. Xxxxxxxxx Title: President and Chief Executive Officer Accepted and agreed to as of the date first above written X.X. Xxxxxxxxx, Towbin, LLC By: /s/ Xxxxxxxxx Xxxxxxxxx -------------------------------- Name: Title: Agency Agreement Signature Page Exhibit A FORM OF AGENT'S WARRANT Exhibit B FORM OF PURCHASE AGREEMENT Exhibit C FORM OF LOCK-UP AGREEMENT [Letterhead of officer, director or major shareholder of Biopure Corporation] Biopure Corporation Public Offering of Common Stock January __, 2005
Engagement Letter. The Administrative Agent shall have received executed counterparts of that certain engagement and fee letter dated as of December 6, 2016, executed by the Borrower and Xxxxx Fargo Securities, LLC.
Engagement Letter. The engagement letter to be entered into between Cabot Credit Management Limited and Xxxxxxx Xxxxx International.
Engagement Letter. 2.1 The detailed scope, objective and applicable standard, where appropriate, of the Engagement are governed by the Engagement Letter or other written agreement.
Engagement Letter. Contemporaneously with the execution and delivery of this Agreement, Atlantis and the Company shall enter into an engagement letter, in substantially the form annexed hereto as Exhibit A, pursuant to which Atlantis will perform certain services for the Company, as set forth therein.
Engagement Letter. Except to the extent specifically stated herein, the Engagement Letter shall remain in full force and effect in accordance with its terms.
Engagement Letter. On or before October 31, 2004, an executed copy of the engagement letter between Borrower and the financial consultant retained in accordance with Section 7.1(K) hereof.
Engagement Letter. On or before the Closing Date, the Borrower shall have delivered to the Administrative Agent a fully executed version of the Engagement Letter and shall have paid to the Administrative Agent all fees required to be paid as of such date.
