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.
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Samples: Placement Agent Agreement (Bear Village, Inc.), Placement Agent's Agreement (Accelerize New Media 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 XxxAct) shall be entitled to contribution or indemnification from any person who was not guilty of committing such fraudulent misrepresentation.
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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 XxxSecurities Act) shall be entitled to contribution or indemnification from any person who was not guilty of committing such fraudulent misrepresentation.
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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.
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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.
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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.
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Samples: Placement Agent's Agreement (Starbox Group Holdings Ltd.)