Common use of Fees Clause in Contracts

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 308 contracts

Samples: Open Market Sale Agreement (Palladyne AI Corp.), Open Market Sale Agreement (Travere Therapeutics, Inc.), Open Market Sale Agreement (Kymera Therapeutics, Inc.)

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Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount. For the avoidance of doubt, the Company shall not be required to pay to the Agent any Selling Commission with respect to any Issuance Notice, except to the extent Shares are placed pursuant thereto.

Appears in 18 contracts

Samples: Open Market Sale Agreement (Akebia Therapeutics, Inc.), Open Market Sale Agreement (Apogee Therapeutics, Inc.), Open Market Sale Agreement (Cue Biopharma, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Designated Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Designated Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 14 contracts

Samples: Sales Agreement (MICROSTRATEGY Inc), Equity Distribution Agreement (Tilray Brands, Inc.), Sales Agreement (MICROSTRATEGY Inc)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) but only for Shares actually sold by the Agent) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 9 contracts

Samples: Open Market Sale Agreement (Assembly Biosciences, Inc.), Open Market Sale Agreement (Pluristem Therapeutics Inc), Open Market Sale Agreement (Avadel Pharmaceuticals PLC)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount. For the avoidance of doubt, the Selling Commission will not apply when the Agent acts as principal.

Appears in 7 contracts

Samples: Open Market Sale Agreement (Icahn Enterprises L.P.), Open Market Sale Agreement (Icahn Enterprises L.P.), Open Market Sale Agreement (Icahn Enterprises Holdings L.P.)

Fees. As compensation for services rendered, the Company shall pay to the Sales Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Sales Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 6 contracts

Samples: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.)

Fees. As compensation for services rendered, the Company shall pay to the applicable Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the such Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 6 contracts

Samples: Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 6 contracts

Samples: Open Market Sale Agreement (Praxis Precision Medicines, Inc.), Open Market Sale Agreement (Praxis Precision Medicines, Inc.), Open Market Sale Agreement (Praxis Precision Medicines, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount. The compensation payable to the Agent for sales of any Shares sold to the Agent as principal shall be set forth in the applicable Terms Agreement.

Appears in 4 contracts

Samples: Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi), but only for Shares actually sold by the Agent) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 4 contracts

Samples: Open Market Sale Agreement (Aehr Test Systems), Open Market Sale Agreement (Liquidia Technologies Inc), Open Market Sale Agreement (Vapotherm Inc)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including including, if applicable, with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount. For the avoidance of doubt, the Selling Commission provided for in this Section 3(c) shall not apply when the Agent acts as principal, but rather such sales will be on the terms (including any selling commission payable to the Agent) agreed upon by the Company and the Agent.

Appears in 3 contracts

Samples: Open Market Sale Agreement (Sol-Gel Technologies Ltd.), Open Market Sale Agreement (Sol-Gel Technologies Ltd.), Open Market Sale Agreement (Sol-Gel Technologies Ltd.)

Fees. As compensation for services rendered, the Company shall pay to the applicable Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the applicable Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 3 contracts

Samples: Open Market Sale Agreement (Cytosorbents Corp), Open Market Sale Agreement (Sierra Metals Inc.), Open Market Sale Agreement

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including including, if applicable, with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) but only for Shares actually sold by the Agent) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 3 contracts

Samples: Open Market Sale Agreement (Avadel Pharmaceuticals PLC), Open Market Sale Agreement (Nabriva Therapeutics PLC), Open Market Sale Agreement (Nabriva Therapeutics PLC)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi3(b)(F)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Senseonics, Inc), Open Market Sale Agreement (Senseonics Holdings, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount. For the avoidance of doubt, the Company shall not be required to pay the Agent any Selling Commission with respect to any Issuance Notice, except to the extent Shares are placed pursuant thereto.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Protagonist Therapeutics, Inc), Open Market Sale Agreement (Augmedix, Inc.)

Fees. As compensation for services renderedrendered and as contemplated (without duplication) by ‎Section 3(b)(vii)(D), the Company shall pay or cause the Registrar to pay, to the AgentAgent in connection with settlement and delivery of the Shares, on the applicable Settlement Date, the Selling Issuance Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)‎Section 3(b)(viii) after the Agent confirms such sale to the Company) by the Agent deducting the Selling Commission from the applicable Issuance AmountAgent.

Appears in 2 contracts

Samples: Sales Agreement (Inventiva S.A.), Sales Agreement (Inventiva S.A.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the applicable Selling Commission for the applicable Issuance Amount (including with respect to Shares placed or sold prior to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the applicable Selling Commission from the applicable Issuance Amount.

Appears in 2 contracts

Samples: Open Market Sale Agreement (General Maritime Corp / MI), Open Market Sale Agreement (General Maritime Corp / MI)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount. For the avoidance of doubt, the Company shall not be required to pay to the Agent any Selling Commissions with respect to any Issuance Notice, except to the extent Shares are placed pursuant thereto.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Karyopharm Therapeutics Inc.), Open Market Sale Agreement (Verve Therapeutics, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi3(b)(xi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Postal Realty Trust, Inc.), Open Market Sale Agreement (Opthea LTD)

Fees. As compensation for services renderedrendered and as contemplated (without duplication) by Section 3(b)(vii)(D), the Company shall pay or cause the Registrar to pay, to the AgentAgent in connection with settlement and delivery of the Shares, on the applicable Settlement Date, the Selling Issuance Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)3(b)(viii) after the Agent confirms such sale to the Company) by the Agent deducting the Selling Commission from the applicable Issuance AmountAgent.

Appears in 2 contracts

Samples: Sales Agreement (Innate Pharma SA), Sales Agreement (Innate Pharma SA)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Mereo BioPharma Group PLC), Open Market Sale Agreement (Disc Medicine, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Atea Pharmaceuticals, Inc.), Open Market Sale Agreement (Atea Pharmaceuticals, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Sale Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Sale Amount.

Appears in 2 contracts

Samples: Open Market Sale Agreement (ADC Therapeutics SA), Sales Agreement (ObsEva SA)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi5(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (Capitala Finance Corp.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Sale Amount (including with respect to any suspended or terminated sale pursuant to Section ‎Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Sale Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (ADC Therapeutics SA)

Fees. As compensation for services rendered, the Company shall pay to the relevant Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the such Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Aphria Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including including, if applicable, with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent Agent) by deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (Ayala Pharmaceuticals, Inc.)

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Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount. The Selling Commission shall not apply when an Agent, acting as principal, purchases Shares from the Company pursuant to a Terms Agreement.

Appears in 1 contract

Samples: Open Market Sale Agreement (ImmunityBio, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any sale suspended or terminated sale by the Company pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (Gladstone Commercial Corp)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended Shares placed or terminated sale sold hereunder prior to the receipt of a notice of suspension or termination of sales pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (Eledon Pharmaceuticals, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount. For the avoidance of doubt, the Company shall not be required to pay the Agent any Selling Commission with respect to any Issuance Notice, except to the extent Shares are placed or sold pursuant thereto.

Appears in 1 contract

Samples: Open Market Sale Agreement (SkyWater Technology, Inc)

Fees. As compensation for services rendered, the Company shall pay to the relevant Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the such Agent deducting the Selling Commission from the applicable Issuance Amount, which Selling Commission shall be paid in United States dollars determined using the daily exchange rate posted by the Bank of Canada on the date of such sale.

Appears in 1 contract

Samples: Equity Distribution Agreement (Nouveau Monde Graphite Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including including, if applicable, with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (MediWound Ltd.)

Fees. As compensation for services rendered, the Company shall pay to the Designated Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi4(b)(vi)) by the Designated Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (AFC Gamma, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the AgentAgents, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent Agents deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (Vaxart, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section ‎Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (Purple Biotech Ltd.)

Fees. As compensation for services rendered, the Company shall pay to the Designated Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Sale Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Designated Agent deducting the Selling Commission from the applicable Issuance Sale Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (CureVac N.V.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) actually sold by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (Lordstown Motors Corp.)

Fees. As compensation for services rendered, the Company shall pay to the relevant Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the such Agent deducting the Selling Commission from the applicable Issuance AmountAmount and such Selling Commission shall be distributed among the Agents as agreed to by the parties.

Appears in 1 contract

Samples: Open Market Sale Agreement (Lithium Americas Corp.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount. For the avoidance of doubt, the Company shall not be required to pay the Agent and Selling Commission with respect to any Issuance Notice, except to the extent Shares are placed pursuant thereto.

Appears in 1 contract

Samples: Open Market Sale Agreement (Humacyte, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) to the extent any such Shares are actually sold by the Agent) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Open Market Sale Agreement (Virgin Galactic Holdings, Inc)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi2(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount.

Appears in 1 contract

Samples: Sales Agreement (Esperion Therapeutics, Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance AmountAmount for any Shares actually sold by the Agent hereunder.

Appears in 1 contract

Samples: Open Market Sale Agreement (BiomX Inc.)

Fees. As compensation for services rendered, the Company shall pay to the Agent, on the applicable Settlement Date, the Selling Commission for the applicable Issuance Amount (including with respect to any suspended or terminated sale pursuant to Section 3(b)(vi)) by the Agent deducting the Selling Commission from the applicable Issuance Amount. For the avoidance of doubt, the Company shall not be required to pay to the Agent any Selling Commission with respect to any Issuance Notice, except to the extent that Shares are placed pursuant thereto.

Appears in 1 contract

Samples: Open Market Sale Agreement (Fluidigm Corp)

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