Common use of Fee for Termination Prior to Closing Clause in Contracts

Fee for Termination Prior to Closing. If after ODB has setup an Offering to be displayed on the Private Placements Platform and the Issuer has met the minimum investment amount necessary to perform a closing, or the Issuer cancels or decides not to pursue the offering prior to the final closing of the Offering, the Issuer shall immediately pay to ODB the greatest of (a) $25,000; (b) all out of pocket costs incurred by ODB in enabling the Offering to be listed on the Private Placements Platform; or (c) a dollar amount equal to the Cash Commission listed in section 1 of this Schedule D based upon the dollar value of the maximum amount of securities that is offered under the Offering; except that if circumstances beyond the control of the Issuer make a closing impossible, then this Fee for Termination Prior to Closing will not apply. For the avoidance of doubt, if the Issuer has not made such best efforts and a closing is possible but the Issuer then terminates an Offering, such fee shall apply provided that no fee shall be due under this provision in the event termination is for cause due to ODB’s uncured breach.

Fee for Termination Prior to Closing. If after ODB has setup an Offering to be displayed on the Private Placements Platform and the Issuer has met the minimum investment amount necessary to perform a closing, or the Issuer cancels or decides not to pursue the offering prior to the final closing of the Offering, the Issuer shall immediately pay to ODB the greatest of (a) $25,00050,000; (b) all out of pocket costs incurred by ODB in enabling the Offering to be listed on the Private Placements Platform; or (c) a dollar amount equal to the Cash Commission Offering Set-up and Processing Fees listed in section 1 of this Schedule D based upon the dollar value of the maximum amount of securities that is offered under the Offering; except that if circumstances beyond the control of the Issuer make a closing impossible, then this Fee for Termination Prior to Closing will not apply. For the avoidance of doubt, if the Issuer has not made such best efforts and a closing is possible but the Issuer then terminates an Offering, such fee shall apply provided that no fee shall be due under this provision in the event termination is for cause due to ODB’s uncured breach.

Fee for Termination Prior to Closing. If after ODB has setup an Offering to be displayed on the Private Placements Platform and the Issuer has met the minimum investment amount necessary to perform a closing, or the Issuer cancels or decides not to pursue the offering prior to the final closing of the Offering, the Issuer shall immediately pay to ODB the greatest of (a) $25,000; 50,000, or (b) all out of pocket costs incurred by ODB in enabling the Offering to be listed on the Private Placements Platform; or (c) a dollar amount equal to the Cash Commission Offering Set-up and Processing Fees listed in section 1 of this Schedule D based upon the dollar value of the maximum amount of securities that is offered under the Offering; except that if circumstances beyond the control of the Issuer make a closing impossible, then this Fee for Termination Prior to Closing will not apply. For the avoidance of doubt, if the Issuer has not made such best efforts and a closing is possible but the Issuer then terminates an Offering, such fee shall apply provided that no fee shall be due under this provision in the event termination is for cause due to ODB’s uncured breach.

Fee for Termination Prior to Closing. If after ODB has setup an Offering to be displayed on the Private Placements Platform and the Issuer has met the minimum investment amount necessary to perform a closing, or and the Issuer cancels or decides not to pursue the offering prior to the final closing of the Offering, the Issuer shall immediately pay to ODB the greatest of (a) $25,000; (b) all out of pocket costs incurred by ODB in enabling the Offering to be listed on the Private Placements Platform; or (c) a dollar amount equal to the Cash Commission listed in section 1 of this Schedule D based upon the dollar value of the maximum amount of securities that is offered under the Offering; except that if circumstances beyond the control of the Issuer make a closing impossible, then this Fee for Termination Prior to Closing will not apply. For the avoidance of doubt, if the Issuer has not made such best efforts and a closing is possible but the Issuer then terminates an Offering, such fee shall apply provided that no fee shall be due under this provision in the event termination is for cause due to ODB’s uncured breach.

Fee for Termination Prior to Closing. If after ODB has setup an Offering to be displayed on the Private Placements Platform and the Issuer has met the minimum investment amount necessary to perform a closing, or the Issuer cancels or decides not to pursue the offering prior to the final closing of the Offering, the Issuer shall immediately pay to ODB the greatest of (a) $25,00050,000; (b) all out of pocket costs incurred by ODB in enabling the Offering to be listed on the Private Placements Platform; or (c) a dollar amount equal to the Cash Commission Offering Set-up and Processing Fees listed in section 1 of this Schedule D based upon the dollar value of the maximum amount of securities that is offered under the Offering; except that if an Issuer through its best efforts is unable to meet the minimum investment amount necessary to perform a closing, or if circumstances beyond the control of the Issuer make a closing impossible, then this Fee for Termination Prior to Closing will not apply. For the avoidance of doubt, if the Issuer has not made such best efforts and a closing is possible but the Issuer then terminates an Offering, such fee shall apply provided that no fee shall be due under this provision in the event termination is for cause due to ODB’s uncured breachapply.

Fee for Termination Prior to Closing. If after ODB has setup an Offering to be displayed on the Private Placements Platform and the Issuer has met the minimum investment amount necessary to perform a closing, or the Issuer cancels or decides not to pursue the offering prior to the final closing of the Offering, the Issuer shall immediately pay to ODB the greatest of (a) $25,000; (b) all out of pocket costs incurred by ODB in enabling the Offering to be listed on the Private Placements Platform; or (cb) a dollar amount equal to the Cash Commission Offering Set-up and Processing Fees listed in section 1 of this Schedule D based upon the dollar value of the maximum amount of securities that is offered under the Offering; except that if circumstances beyond the control of the Issuer make a closing impossible, then this Fee for Termination Prior to Closing will not apply. For the avoidance of doubt, if the Issuer has not made such best efforts and a closing is possible but the Issuer then terminates an Offering, such fee shall apply provided that no fee shall be due under this provision in the event termination is for cause due to ODB’s uncured breach.

Fee for Termination Prior to Closing. If after ODB has setup an Offering to be displayed on the Private Placements Platform and the Issuer has met the minimum investment amount necessary to perform a closing, or the Issuer cancels or decides not to pursue the offering prior to the final closing of the Offering, the Issuer shall immediately pay to ODB the greatest of (a) $25,00050,000; (b) all out of pocket costs incurred by ODB in enabling the Offering to be listed on the Private Placements Platform; or (c) a dollar amount equal to the Cash Commission Offering Processing Fees listed in section 1 of this Schedule D based upon the dollar value of the maximum amount of securities that is offered under the Offering; except that if an Issuer through its best efforts is unable to meet the minimum investment amount necessary to perform a closing, or if circumstances beyond the control of the Issuer make a closing impossible, then this Fee for Termination Prior to Closing will not apply. For the avoidance of doubt, if the Issuer has not made such best efforts and a closing is possible but the Issuer then terminates an Offering, such fee shall apply provided that no fee shall be due under this provision in the event termination is for cause due to ODB’s uncured breachapply.

Fee for Termination Prior to Closing. If after ODB has setup an Offering to be displayed on the Private Placements Platform and the Issuer has met the minimum investment amount necessary to perform a closing, or the Issuer cancels or decides not to pursue the offering prior to the final closing of the Offering, the Issuer shall immediately pay to ODB the greatest greater of (a) $25,000; 50,000, or (b) all out of pocket costs incurred by ODB in enabling the Offering to be listed on the Private Placements Platform; or (c) a dollar amount equal to the Cash Commission Offering Set-up and Processing Fees listed in section 1 of this Schedule D based upon the dollar value of the maximum amount of securities that is offered under the Offering; except that if circumstances beyond the control of the Issuer make a closing impossible, then this Fee for Termination Prior to Closing will not apply. For the avoidance of doubt, if the Issuer has not made such best efforts and a closing is possible but the Issuer then terminates an Offering, such fee shall apply provided that no fee shall be due under this provision in the event termination is for cause due to ODB’s uncured breach.

Fee for Termination Prior to Closing. If after ODB has setup an Offering to be displayed on the Private Placements Platform and the Issuer has met the minimum investment amount necessary to perform a closing, or the Issuer cancels or decides not to pursue the offering prior to the final closing of the Offering, the Issuer shall immediately pay to ODB the greatest of (a) $25,000; (b) all out of pocket costs incurred by ODB in enabling the Offering to be listed on the Private Placements Platform50,000; or (cb) a dollar amount equal to the Cash Commission Offering Processing Fees listed in section 1 of this Schedule D based upon the dollar value of the maximum amount of securities that is offered under the Offering; except that if an Issuer through its best efforts is unable to meet the minimum investment amount necessary to perform a closing, or if circumstances beyond the control of the Issuer make a closing impossible, then this Fee for Termination Prior to Closing will not apply. For the avoidance of doubt, if the Issuer has not made such best efforts and a closing is possible but the Issuer then terminates an Offering, such fee shall apply provided that no fee shall be due under this provision in the event termination is for cause due to ODB’s uncured breachapply.