Common use of Expenses and Settlement Clause in Contracts

Expenses and Settlement. We may charge your account with Selected Dealer's concessions and all transfer taxes on sales made by us for your account and with your proportionate share (based upon your underwriting obligation) of all other expenses incurred by us under the terms of this Agreement or the Underwriting Agreement, in excess of those reimbursed by the Company pursuant to Section 8 of the Underwriting Agreement, or in connection with the purchase, carrying, sale or distribution of the Securities. Our determination of the amount and allocation of expenses shall be conclusive. As soon as practicable after termination of the provisions referred to in Section 11, the accounts hereunder will be settled, but we may reserve from distribution such amount as we deem advisable to cover possible additional expenses. We may at any time make partial distribution of credit balances or call for payment of debit balances. Any of your funds in our hands may be held with our general funds without accountability for interest. Notwithstanding any settlement, you will pay (i) your proportionate share (based upon your underwriting obligation) of any liability which may be incurred by the Underwriters, or any of them, based on the claim that the Underwriters constitute an association, partnership, unincorporated business or other separate entity, and of any expenses incurred by us, or by any other Underwriter with our approval, in contesting any such liability, and (ii) any transfer taxes which may be assessed and paid after such settlement on account of any sale or transfer for your account.

Appears in 5 contracts

Samples: Underwriting Agreement (Global Brands Inc), Underwriting Agreement (Aquacell Technologies Inc), Underwriting Agreement (Frontline Communication Corp)

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Expenses and Settlement. We may charge your account with Selected Dealer's concessions and all transfer taxes on sales made by us for your account and with your proportionate share (based upon your underwriting obligation) of all other expenses incurred by us under the terms of this Agreement or the Underwriting Agreement, in excess of those reimbursed by the Company pursuant to Section 8 of the Underwriting Agreement, or in connection with the purchase, carrying, sale or distribution of the SecuritiesUnits. Our determination of the amount and allocation of expenses shall be conclusive. As soon as practicable after termination of the provisions referred to in Section 11, the accounts hereunder will be settled, but we may reserve from distribution such amount as we deem advisable to cover possible additional expenses. We may at any time make partial distribution of credit balances or call for payment of debit balances. Any of your funds in our hands may be held with our general funds without accountability for interest. Notwithstanding any settlement, you will pay (i) your proportionate share (based upon your underwriting obligation) of any liability which may be incurred by the Underwriters, or any of them, based on the claim that the Underwriters constitute an association, partnership, unincorporated business or other separate entity, and of any expenses incurred by us, or by any other Underwriter with our approval, in contesting any such liability, and (ii) any transfer taxes which may be assessed and paid after such settlement on account of any sale or transfer for your account.

Appears in 5 contracts

Samples: Underwriting Agreement (Worldwide Wireless Inc), Underwriting Agreement (Superior Supplements Inc), Underwriting Agreement (Worldwide Wireless Inc)

Expenses and Settlement. We may charge your account with Selected Dealer's concessions Concessions and all transfer taxes on sales made by us for your account and with your proportionate share (based upon your underwriting obligation) of all other expenses incurred by us under the terms of this Agreement or the Underwriting Agreement, in excess of those reimbursed by the Company pursuant to Section 8 of the Underwriting Agreement, Agreement or in connection with the purchase, carrying, sale or distribution of the SecuritiesUnits. Our determination of the amount and allocation of the expenses shall be conclusive. As soon as practicable after termination of the provisions referred to in Section 11, the accounts hereunder will be settled, but we may reserve from distribution such amount as we deem advisable to cover possible additional expenses. We may at any time make partial distribution of credit balances or call for payment of debit balances. Any of your funds in our hands may be held with our general funds without accountability for interest. Notwithstanding any settlement, you will pay (ia) your proportionate share (based upon your underwriting obligation) of any liability which may be incurred by the Underwriters, or any of them, based on the claim that the Underwriters constitute an association, partnership, unincorporated business or other separate entity, and of any expenses incurred by us, or by any other Underwriter with our approval, in contesting any such liability, and (iib) any transfer taxes which may be assessed and paid after such settlement on account of any sale or transfer for your account.

Appears in 3 contracts

Samples: Underwriting Agreement (Orlando Predators Entertainment Inc), Underwriting Agreement (Retrospettiva Inc), Underwriting Agreement (Orlando Predators Entertainment Inc)

Expenses and Settlement. We may charge your account with Selected Dealer's concessions and all transfer taxes on sales made by us for your account and with your proportionate share (based upon your underwriting obligation) of all other expenses incurred by us under the terms of this Agreement or the Underwriting Agreement, in excess of those reimbursed by the Company pursuant to Section 8 of the Underwriting Agreement, or in connection with the purchase, carrying, sale or distribution of the SecuritiesShares. Our determination of the amount and allocation of expenses shall be conclusive. As soon as practicable after termination of the provisions referred to in Section 11, the accounts hereunder will be settled, but we may reserve from distribution such amount as we deem advisable to cover possible additional expenses. We may at any time make partial distribution of credit balances or call for payment of debit balances. Any of your funds in our hands may be held with our general funds without accountability for interest. Notwithstanding any settlement, you will pay (i) your proportionate share (based upon your underwriting obligation) of any liability which may be incurred by the Underwriters, or any of them, based on the claim that the Underwriters constitute an association, partnership, unincorporated business or other separate entity, and of any expenses incurred by us, or by any other Underwriter with our approval, in contesting any such liability, and (ii) any transfer taxes which may be assessed and paid after such settlement on account of any sale or transfer for your account.

Appears in 1 contract

Samples: Underwriting Agreement (Decor Group Inc)

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Expenses and Settlement. We may charge your account with Selected Dealer's concessions and all transfer taxes on sales made by us for your account and with your proportionate share (based upon your underwriting obligation) of all other expenses incurred by us under the terms of this Agreement or the Underwriting Agreement, in excess of those reimbursed by the Company pursuant to Section 8 of the Underwriting Agreement, or in connection with the purchase, carrying, sale or distribution of the Securities. Our determination of the amount and allocation of expenses shall be conclusive. As soon as practicable after termination of the provisions referred to in Section 11, the accounts hereunder will be settled, but we may reserve from distribution such amount as we deem advisable to cover possible additional expenses. We may at any time make partial distribution of credit balances or call for payment of debit balances. Any of your funds in our hands may be held with our general funds without accountability for interest. Notwithstanding any settlement, you will pay (iI) your proportionate share (based upon your underwriting obligation) of any liability which may be incurred by the Underwriters, or any of them, based on the claim that the Underwriters constitute an association, partnership, unincorporated business or other separate entity, and of any expenses incurred by us, or by any other Underwriter with our approval, in contesting any such liability, and (ii) any transfer taxes which may be assessed and paid after such settlement on account of any sale or transfer for your account.

Appears in 1 contract

Samples: Underwriting Agreement (Superior Supplements Inc)

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