Finder Fees. Except as set forth in Schedule 5.16, there is no investment banker, broker, finder or other intermediary that has been retained by or is authorized to act on behalf of Ecosphere or the Company or who might be entitled to any fee or commission from the Investor, Ecosphere or the Company or any of their respective Affiliates upon consummation of the transactions contemplated by this Agreement.
Finder Fees. A. In the event LDWD mutually agrees with Contractor to introduce Contractor or a Contractor affiliate to any third party funding source(s), underwriter(s), merger partner(s), or joint venture(s) who enters into a funding, underwriting, merger, joint venture or similar agreement with Contractor or Contractor's affiliate, Contractor hereby agrees to pay LDWD a minimum advisory fee of 5% of the gross proceeds derived from such funding, underwriting, merger, joint venture or similar agreement with Contractor or Contractor's client, unless generally accepted industry standards dictate otherwise, payable upon the commencement of such funding, underwriting, merger, joint venture or similar agreement with Contractor or Contractor's client. This provision shall survive this agreement, even though the term of this agreement may have expired, as pursuant to the section titled "Term of Agreement and Termination". Said advisory fee will be payable only upon closing or funding of said transaction or part thereof.
B. LDWD may, at its sole option, elect to receive all or a portion of said advisory fee as payment in kind, i.e., prorated in the same form and type of securities, equity, or financing instruments issued to the funding source or underwriter by Contractor. In the event the exercise of this option results in additional expense over and above the expense of the funding and/or underwriting then the additional expenses shall be borne by LDWD. In addition the exercise of this option by LDWD shall not impede or otherwise have a negative effect on the funding or underwriting.
Finder Fees. Except for fees owed or to be owed upon Closing to Xxxxxxxx Xxxxx, neither the Company nor any Company Subsidiary has incurred, nor will it incur, directly or indirectly, any liability for brokerage, investment banker, financial advisor or finder fees or agent commissions or any similar charges or payments in connection with this Agreement or any transaction contemplated hereby.
Finder Fees. Buyer and Merger Sub have not incurred, nor will Buyer or Merger Sub incur, directly or indirectly, any liability for brokerage or finder fees or agent commissions or any similar charges in connection with this Agreement or any transaction contemplated hereby.
Finder Fees. 4.4.1 In the event Contractee introduces Contractor or a Contractor affiliate to any third party funding source(s), underwriter(s), or merger partner(s) which arrive at a mutual funding, underwriting or merger agreement, Contractor hereby agrees to pay Contractee an advisory fee of five percent (5%) of the gross proceeds derived from such funding, payable upon the consummation of such funding of underwriting, even though the term of this Agreement may have expired.
4.4.2 Contractor hereby directs and authorizes funding source(s) or underwriter(s) to pay said advisory fee directly, or to direct a third party escrow, if applicable, to make payment directly to Contractee.
4.4.3 Contractee may, at its sole option, elect to receive all or a portion of said advisory fee as payment in kind, i.e., pro-rata in the same form and type of securities, equity, or financing instruments issued to the funding source or underwriter by Contractor. In the event the exercise of this option results in additional expense over and above the expenses of the funding and/or underwriting then the additional expenses shall be borne by Contractor. In addition, the exercise of this option by Contractee shall not impede or otherwise have a negative effect on the funding or underwriting.
Finder Fees. The Company is obligated to pay Palladium various and significant fees pursuant to the Placement Agent Agreement in connection with the transaction contemplated by the Transaction Documents.
Finder Fees. The Company shall pay to the Finder a commission in the form of cash and restricted stock equal in value to ten percent (10%) of the gross proceeds from the sale of the Common Stock under this Agreement. Such commission is more fully described in the Broker Commission Agreement between the Company and the Broker of even date herewith.
Finder Fees. Except for the Deferred Underwriting Amount, there is no investment banker, broker, finder or other intermediary which has been retained by or is authorized to act on behalf of the Purchaser Parties or their Affiliates who might be entitled to any fee or commission from the Company Group, or any of its Affiliates upon consummation of the transactions contemplated by this Agreement or any of the Additional Agreements.
Finder Fees. As part of the transaction, the Company agreed to pay 6,826,000 shares of Common Stock to Speedy Time Investments Limited or its designees. These shares will be issued on the Closing Date and all references to percentages of shares outstanding as of the Closing Date herein include the issuance of such shares.
Finder Fees. Except as set forth on Schedule 8.18, the Company shall not pay any finder fees or commissions in connection with the transactions contemplated by this Agreement without the prior written approval of the Lead Investor.
