Common use of M/A Agreement Clause in Contracts

M/A Agreement. (i) The Company hereby agrees that if, during the five (5) year period commencing on the Effective Date, the Representatives shall introduce to the Company another party or entity (the "Introduced Party"), and, as a result of such introduction, a Transaction is consummated with such Introduced Party, the Company shall pay to the Representatives a finder's fee (the "Fee") equal to six percent (6%) of the first five million dollars ($5,000,000) of the consideration paid or received in such Transaction; plus five percent (5%) of the consideration in excess of five million dollars ($5,000,000) and up to six million dollars ($6,000,000); plus four percent (4%) of the consideration in excess of six million dollars ($6,000,000) and up to seven million dollars ($7,000,000); plus three percent (3%) of the consideration in excess of seven million dollars ($7,000,000) and up to eight million dollars ($8,000,000); plus two percent (2%) of the consideration in excess of eight million dollars ($8,000,000). As used in this Paragraph 5(b), a "Transaction" shall mean any of the following (i) the sale of all or substantially all of the assets and properties of the Company or all or substantially all of the stock of the Company, (ii) the merger or consolidation of the Company with or into any other corporation or other entity (other than a merger with a company owned or controlled by the Company), (iii) the acquisition by the Company of the assets or stock of another business entity in which the Company may be involved, or (iv) a joint venture, licensing or marketing agreement or arrangement, however structured.

Appears in 3 contracts

Samples: Underwriting Agreement (Activeworlds Com Inc), Underwriting Agreement (Activeworlds Com Inc), Underwriting Agreement (Activeworlds Com Inc)

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M/A Agreement. (i) The Company hereby agrees that if, during the five (5) year period commencing on the Effective Date, the Representatives Underwriter shall introduce to the Company another party or entity (the "Introduced Party"), and, as a result of such introduction, a Transaction is consummated with such Introduced Party, the Company shall pay to the Representatives Underwriter a finder's fee (the "Fee") equal to six percent (6%) of the first five million dollars ($5,000,000) of the consideration paid or received in such Transaction; plus five percent (5%) of the consideration in excess of five million dollars ($5,000,000) and up to six million dollars ($6,000,000); plus four percent (4%) of the consideration in excess of six million dollars ($6,000,000) and up to seven million dollars ($7,000,000); plus three percent (3%) of the consideration in excess of seven million dollars ($7,000,000) and up to eight million dollars ($8,000,000); plus two percent (2%) of the consideration in excess of eight million dollars ($8,000,000). As used in this Paragraph 5(b), a "Transaction" shall mean any of the following (i) the sale of all or substantially all of the assets and properties of the Company or all or substantially all of the stock of the Company, (ii) the merger or consolidation of the Company with or into any other corporation or other entity (other than a merger with a company owned or controlled by the Company), (iii) the acquisition by the Company of the assets or stock of another business entity in which the Company may be involved, or (iv) a joint venture, licensing or marketing agreement or arrangement, however structured.

Appears in 1 contract

Samples: Underwriting Agreement (Activeworlds Com Inc)

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M/A Agreement. (i) The Company hereby agrees that if, during the five (5) year period commencing on the Effective Date, the Representatives Underwriter shall introduce to the Company another party or entity (the "Introduced Party"), and, as a result of such introduction, a Transaction is consummated with such Introduced Party, the Company shall pay to the Representatives Underwriter a finder's fee (the "Fee") equal to six percent (6%) of the first three million five million hundred thousand dollars ($5,000,0003,500,000) of the consideration paid or received in such Transaction; plus five percent (5%) of the consideration in excess of three million five million hundred thousand dollars ($5,000,0003,500,000) and up to six four million five hundred thousand dollars ($6,000,0004,500,000); plus four percent (4%) of the consideration in excess of six four million five hundred thousand dollars ($6,000,0004,500,000) and up to seven five million five hundred thousand dollars ($7,000,0005,500,000); plus three percent (3%) of the consideration in excess of seven five million five hundred thousand dollars ($7,000,0005,500,000) and up to eight six million five hundred thousand dollars ($8,000,0006,500,000); plus two percent (2%) of the consideration in excess of eight six million five hundred thousand dollars ($8,000,0006,500,000). As used in this Paragraph 5(b), a "Transaction" shall mean any of the following (i) the sale of all or substantially all of the assets and properties of the Company or all or substantially all of the stock of the Company, (ii) the merger or consolidation of the Company with or into any other corporation or other entity (other than a merger with a company owned or controlled by the Company), (iii) the acquisition by the Company of the assets or stock of another business entity in which the Company may be involved, or (iv) a joint venture, licensing or marketing agreement or arrangement, however structured.

Appears in 1 contract

Samples: Underwriting Agreement (U Link Inc)

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