Common use of Escrow, Settlement and Closing Clause in Contracts

Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent pursuant to which Xxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950.

Appears in 13 contracts

Samples: Underwriting Agreement (Bluejay Diagnostics, Inc.), Exclusive Agency Agreement (ReWalk Robotics Ltd.), Exclusive Agency Agreement (Kintara Therapeutics, Inc.)

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Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx Wxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent pursuant to which Xxxxxxxxxx’x Wxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx Wxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx Wxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx Wxxxxxxxxx closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950.

Appears in 10 contracts

Samples: Underwriting Agreement (Genius Group LTD), Underwriting Agreement (My Size, Inc.), Underwriting Agreement (Lipella Pharmaceuticals Inc.)

Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx Wxxxxxxxxx shall enter into an escrow agreement with a third third-party escrow agent pursuant to which Xxxxxxxxxx’x Wxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx Wxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx Wxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx Wxxxxxxxxx closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950.

Appears in 4 contracts

Samples: Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (Dermata Therapeutics, Inc.), Exclusive Agency Agreement (Arcadia Biosciences, Inc.)

Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx shall enter into an escrow agreement with a third third-party escrow agent pursuant to which Xxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950.

Appears in 3 contracts

Samples: Exclusive Agency Agreement (Histogen Inc.), Exclusive Agency Agreement (Predictive Oncology Inc.), Underwriting Agreement (CNS Pharmaceuticals, Inc.)

Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment ("DVP"), the Company and Xxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent pursuant to which Xxxxxxxxxx’x Xxxxxxxxxx'x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s 's purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950.

Appears in 2 contracts

Samples: Underwriting Agreement (Interactive Strength, Inc.), Underwriting Agreement (Avinger Inc)

Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx Wxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent pursuant to which Xxxxxxxxxx’x Wxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx Wxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx Wxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx Wxxxxxxxxx closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950USD$15,950.

Appears in 2 contracts

Samples: Exclusive Agency Agreement (Uranium Energy Corp), Exclusive Lead Left Agent Agreement (Uranium Energy Corp)

Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent pursuant to which Xxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $US$15,950.

Appears in 2 contracts

Samples: Underwriting Agreement (Lexaria Bioscience Corp.), Underwriting Agreement (Lexaria Bioscience Corp.)

Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent pursuant to which Xxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities soldOffering. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Citius Pharmaceuticals, Inc.)

Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent pursuant to which Xxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Addex Therapeutics Ltd.)

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Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent pursuant to which Xxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx reasonable closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Arch Therapeutics, Inc.)

Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent pursuant to which Xxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The To the extent an escrow agent or clearing agent is utilized, the Company shall pay Xxxxxxxxxx closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950.

Appears in 1 contract

Samples: Underwriting Agreement (Moleculin Biotech, Inc.)

Escrow, Settlement and Closing. If each the Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx Dominari Securities shall enter into an escrow agreement with a third third-party escrow agent pursuant to which Xxxxxxxxxx’x Dominari Securities’ compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx Dominari Securities shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx Dominari Securities shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx Dominari Securities closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,95010,000.

Appears in 1 contract

Samples: Exclusive Agency Agreement (PishPosh, Inc.)

Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent agent, pursuant to which Xxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx shall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx closing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950.

Appears in 1 contract

Samples: Exclusive Agency Agreement (CYREN Ltd.)

Escrow, Settlement and Closing. If each Offering is not settled via delivery versus payment (“DVP”), the Company and Xxxxxxxxxx shall Waxxxxxxxx xhall enter into an escrow agreement with a third party escrow agent pursuant to which Xxxxxxxxxx’x compensation Waxxxxxxxx’x xompensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via DVP, Xxxxxxxxxx shall Waxxxxxxxx xhall arrange for its clearing agent to provide the funds to facilitate such settlement; provided, however, if the clearing firm provides the funds in a best efforts offering and subsequent to such delivery an investor fails to provide the necessary funds to the clearing agent for such purchase of Securities, Xxxxxxxxxx shall Waxxxxxxxx xhall instruct the clearing agent to promptly return any such Securities to the Company and the Company shall promptly return such investor’s purchase price to the clearing agent. The Company shall pay Xxxxxxxxxx closing Waxxxxxxxx xlosing costs, which shall also include the reimbursement of the out-of-pocket cost of the escrow agent or clearing agent, as applicable, which closing costs shall not exceed $15,950.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Intec Parent Inc.)

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