Common use of Equitable Considerations Clause in Contracts

Equitable Considerations. The Company and the Placement Agent agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation or by any method of allocation which does not take into account the equitable consideration referred to in the immediately preceding paragraph. No person guilty of fraudulent misrepresentation (within the meaning of Section 11 (f) of the 0000 Xxx) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.

Appears in 2 contracts

Samples: Placement Agent Agreement (Bear Village, Inc.), Placement Agent's Agreement (Accelerize New Media Inc)

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Equitable Considerations. The Company and the Placement Agent ------------------------ agree that it would not be just and equitable if contribution pursuant to this Section 7 9 were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable consideration considerations referred to in the immediately preceding paragraph. No person guilty of committing fraudulent misrepresentation (within the meaning of Section 11 (f11(f) of the 0000 XxxAct) shall be entitled to contribution or indemnification from any person who was not guilty of committing such fraudulent misrepresentation.

Appears in 1 contract

Samples: Placement Agent Agreement (Psi Industries Inc)

Equitable Considerations. The Company and the Placement Agent agree that it would not be just and equitable if contribution pursuant to this Section 7 9 were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable consideration considerations referred to in the immediately preceding paragraph. No person guilty of committing fraudulent misrepresentation (within the meaning of Section 11 (f11(f) of the 0000 XxxSecurities Act) shall be entitled to contribution or indemnification from any person who was not guilty of committing such fraudulent misrepresentation.

Appears in 1 contract

Samples: Placement Agent Agreement (Big Smith Brands Inc)

Equitable Considerations. The Company and the Placement Agent each agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation or by any method of allocation which does not take into account the equitable consideration referred to in the immediately preceding paragraph. No person guilty of fraudulent misrepresentation (within the meaning of Section 11 (f11(f) of the 0000 Xxx1933 Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.

Appears in 1 contract

Samples: Placement Agency Agreement (Vocodia Holdings Corp)

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Equitable Considerations. The Company and the Placement Agent agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation or by any method of allocation which does not take into account the equitable consideration referred to in the immediately preceding paragraph. No person guilty of fraudulent misrepresentation (within the meaning of Section 11 (f) of the 0000 1000 Xxx) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.

Appears in 1 contract

Samples: Placement Agent's Agreement (Cn Energy Group. Inc.)

Equitable Considerations. The Company and the Placement Agent agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation or by any method of allocation which does not take into account the equitable consideration referred to in the immediately preceding paragraph. No person guilty of fraudulent misrepresentation (within the meaning of Section 11 (f11(f) of the 0000 XxxSecurities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.

Appears in 1 contract

Samples: Placement Agent's Agreement (Starbox Group Holdings Ltd.)

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