Non-accountable Expenses. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.14.1, it will pay to the Representative a non-accountable expense allowance equal to two percent (2%) of the gross proceeds received by the Company from the sale of the Firm Securities (but not the Option Securities), of which $50,000 has been paid to date, and the Company will pay the balance on the Closing Date by certified or bank cashier's check or, at the election of the Representative, by deduction from the proceeds of the offering contemplated herein. If the offering contemplated by this Agreement is not consummated for any reason whatsoever then the following provisions shall apply: The Company's liability for payment to the Representative of the non-accountable expense allowance shall be equal to the sum of the Representative's actual out-of-pocket expenses (including, but not limited to, counsel fees, "road-show" and due diligence expenses). The Representative shall retain such part of the non-accountable expense allowance previously paid as shall equal such actual out-of-pocket expenses. If the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of actual out-of-pocket expenses, the Representative shall promptly remit to the Company any such excess.
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Samples: Underwriting Agreement (Gigabeam Corp), Underwriting Agreement (Gigabeam Corp)
Non-accountable Expenses. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.14.13.12.1, it will pay to the Representative a non-accountable expense allowance equal to two three percent (23%) of the gross proceeds received by the Company from the sale of the Firm Securities (but not the Option Securities)Units, of which $50,000 25,000 has been paid to date, and the Company will pay the balance on the Closing Date and any additional balance on the Option Closing Date by certified or bank cashier's check or, at the election of the Representative, by deduction from the proceeds of the offering contemplated herein. If the offering contemplated by this Agreement is not consummated for any reason whatsoever then (i) the following provisions shall apply: The Company's liability for payment to the Representative of the non-accountable expense allowance shall be equal to the sum of the Representative's actual out-of-pocket expenses (including, but not limited to, counsel fees, "road-show" and due diligence expenses). The , inclusive of amounts theretofore paid to the Representative; (ii) the Representative shall retain such part of the non-accountable expense allowance previously paid as shall equal such its actual out-of-pocket expenses. If ; and (iii) if the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of actual out-of-pocket expenses, the Representative shall promptly remit to the Company any such excess.
Appears in 1 contract
Samples: Underwriting Agreement (Unity Emerging Technology Venture One LTD)
Non-accountable Expenses. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.14.13.13.1, it will pay to the Representative a non-accountable expense allowance equal to two percent three (23%) percent of the gross proceeds received by the Company from the sale of the Firm Securities (but not the Option Securities), of which $50,000 100,000 has been paid to date, and the Company will pay the balance on the Closing Date by certified or bank cashier's check or, at the election of the Representative, by deduction from the proceeds of the offering contemplated herein. If the offering contemplated by this Agreement is not consummated for any reason whatsoever then the following provisions shall apply: The Company's liability for payment to the Representative of the non-accountable expense allowance shall be equal to the sum of the Representative's actual out-of-pocket expenses (including, but not limited to, counsel fees, "road-show" and due diligence expenses). The Representative shall retain such part of the non-accountable expense allowance previously paid as shall equal such actual out-of-pocket expenses. If the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of actual out-of-pocket expenses, the Representative shall promptly remit to the Company any such excess.
Appears in 1 contract
Samples: Underwriting Agreement (Fusion Telecommunications International Inc)
Non-accountable Expenses. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.14.1, 3.15.1 it will pay to the Representative a non-accountable expense allowance equal to two three percent (23%) of the gross proceeds received by the Company from the sale of the Firm Securities (but not the Option Public Securities), of which $50,000 60,000 has been paid to date, and the Company will pay the balance on the Closing Date and any additional monies owed attributable to the Option Securities or otherwise on the Option Closing Date by certified or bank cashier's check or, at the election of the Representative, by deduction from the proceeds of the offering contemplated herein. If the offering contemplated by this Agreement is not consummated for any reason whatsoever then the following provisions shall apply: The Company's liability for payment to the Representative of the non-accountable expense allowance shall be equal to the sum of the Representative's actual out-of-pocket expenses (including, but not limited to, counsel fees, "road-show" and due diligence expenses). The Representative shall retain such part of the non-accountable expense allowance previously paid as shall equal such actual out-of-pocket expenses. If the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of actual out-of-pocket expenses, the Representative shall promptly remit to the Company any such excess.
Appears in 1 contract
Non-accountable Expenses. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.14.13.13.1, it will pay to the Representative Underwriters a non-accountable expense allowance equal to two percent three (23%) percent of the gross proceeds received by the Company from the sale of the Firm Securities (but not the Option Securities), of which $50,000 _______ has been paid to date, and the Company will pay the balance on the Closing Date by certified or bank cashier's ’s check or, at the election of the RepresentativeUnderwriters, by deduction from the proceeds of the offering contemplated herein. If the offering contemplated by this Agreement is not consummated for any reason whatsoever then the following provisions shall apply: The Company's ’s liability for payment to the Representative Underwriters of the non-accountable expense allowance shall be equal to the sum of the Representative's Underwriters’ actual out-of-pocket expenses (including, but not limited to, counsel fees, "“road-show" ” and due diligence expenses). The Representative Underwriters shall retain such part of the non-accountable expense allowance previously paid as shall equal such actual out-of-pocket expenses. If the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of actual out-of-pocket expenses, the Representative Underwriters shall promptly remit to the Company any such excess.
Appears in 1 contract
Samples: Underwriting Agreement (AeroGrow International, Inc.)
Non-accountable Expenses. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.14.13.13.1, it will pay to the Representative a non-accountable expense allowance equal to two percent (2%) of the gross proceeds received by the Company from the sale of the Firm Securities (but not the Option Securities), of which $50,000 has been paid to date, and the Company will pay the balance on the Closing Date by certified or bank cashier's ’s check or, at the election of the Representative, by deduction from the proceeds of the offering contemplated herein. If the offering contemplated by this Agreement is not consummated for any reason whatsoever then the following provisions shall apply: The Company's ’s liability for payment to the Representative of the non-accountable expense allowance shall be equal to the sum of the Representative's ’s actual out-of-pocket expenses (including, but not limited to, counsel fees, "“road-show" ” and due diligence expenses). The Representative shall retain such part of the non-accountable expense allowance previously paid as shall equal such actual out-of-pocket expenses. If the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of actual out-of-pocket expenses, the Representative shall promptly remit to the Company any such excess.
Appears in 1 contract
Samples: Underwriting Agreement (American Telecom Services Inc)
Non-accountable Expenses. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.14.13.15.1, it will pay to the Representative Representatives a non-accountable expense allowance equal to two three percent (23%) of the gross proceeds received by the Company from the sale of the Firm Securities (but not the Option Public Securities), of which $50,000 has been paid to date, and the Company will pay the balance on the Closing Date and any additional monies owed attributable to the Option Securities or otherwise on the Option Closing Date by certified or bank cashier's check or, at the election of the RepresentativeRepresentatives, by deduction from the proceeds of the offering contemplated herein. If the offering contemplated by this Agreement is not consummated for any reason whatsoever then the following provisions shall apply: The Company's liability for payment to the Representative Representatives of the non-accountable expense allowance shall be equal to the sum of the Representative's Representatives' actual out-of-pocket expenses (including, but not limited to, counsel fees, "road-road- show" and due diligence expenses). The Representative Representatives shall retain such part of the non-accountable expense allowance previously paid as shall equal such its actual out-of-pocket expenses. If the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of the actual out-of-pocket expenses, the Representative Representatives shall promptly remit to the Company any such excess.
Appears in 1 contract
Non-accountable Expenses. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.14.1, it will pay to the Representative a non-accountable expense allowance equal to two percent three (23%) percent of the gross proceeds received by the Company from the sale of the Firm Securities (but not the Option Securities), of which $50,000 ________ has been paid to date, and the Company will pay the balance on the Closing Date by certified or bank cashier's ’s check or, at the election of the Representative, by deduction from the proceeds of the offering contemplated herein. If the offering contemplated by this Agreement is not consummated for any reason whatsoever then the following provisions shall apply: The Company's ’s liability for payment to the Representative of the non-accountable expense allowance shall be equal to the sum of the Representative's ’s actual out-of-pocket expenses (including, but not limited to, counsel fees, "“road-show" ” and due diligence expenses). The Representative shall retain such part of the non-accountable expense allowance previously paid as shall equal such actual out-of-pocket expenses. If the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of actual out-of-pocket expenses, the Representative shall promptly remit to the Company any such excess.
Appears in 1 contract
Samples: Underwriting Agreement (Passport Restaurants, Inc.)
Non-accountable Expenses. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.14.13.15.1, it will pay to the Representative a non-accountable expense allowance equal to two three percent (23%) of the gross proceeds received by the Company from the sale of the Firm Securities (but not the Option Public Securities), of which $50,000 has been paid to date, and the Company will pay the balance on the Closing Date and any additional monies owed attributable to the Option Securities or otherwise on the Option Closing Date by certified or bank cashier's check or, at the election of the Representative, by deduction from the proceeds of the offering contemplated herein. If If, for any reason whatsoever, the offering contemplated by this Agreement is not consummated for any reason whatsoever consummated, then the following provisions shall apply: The Company's liability for payment to the Representative of the non-accountable expense allowance shall be equal to the sum of the Representative's actual out-of-pocket expenses (including, but not limited to, counsel fees, "road-road- show" and due diligence expenses). The Representative shall retain such part of the non-accountable expense allowance previously paid as shall equal such its actual out-of-pocket expenses. If the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of the actual out-of-pocket expenses, the Representative shall promptly remit to the Company any such excess.
Appears in 1 contract
Samples: Underwriting Agreement (Objective Communications Inc)
Non-accountable Expenses. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.14.13.11.1, it will pay to the Representative a non-accountable expense allowance equal to two three percent (23%) of the gross proceeds received by the Company from the sale of the Firm Securities (but not the Option Securities)Units, of which $50,000 25,000 has been paid to date, and the Company will pay the balance on the Closing Date and any additional balance on the Option Closing Date by certified or bank cashier's check or, at the election of the Representative, by deduction from the proceeds of the offering contemplated herein. If the offering contemplated by this Agreement is not consummated for any reason whatsoever then (i) the following provisions shall apply: The Company's liability for payment to the Representative of the non-accountable expense allowance shall be equal to the sum of the Representative's actual out-of-pocket expenses (including, but not limited to, counsel fees, "road-show" and due diligence expenses). The , inclusive of amounts theretofore paid to the Representative; (ii) the Representative shall retain such part of the non-non- accountable expense allowance previously paid as shall equal such its actual out-of-pocket expenses. If ; and (iii) if the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of actual out-of-pocket expenses, the Representative shall promptly remit to the Company any such excess.
Appears in 1 contract
Non-accountable Expenses. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.14.13.15.1, it will pay to the Representative a non-accountable expense allowance equal to two three percent (23%) of the gross proceeds received by the Company from the sale of the Firm Securities (but not the Option Securities), of which $50,000 has been paid to date, and the Company will pay the balance on the Closing Date and any additional monies owed attributable to the Option Securities or otherwise on the Option Closing Date by certified or bank cashier's check or, at the election of the Representative, by deduction from the proceeds of the offering contemplated herein. If the offering contemplated by this Agreement is not consummated for any reason whatsoever other than a breach by the Representative of this Agreement, then the following provisions shall apply: The Company's liability for payment to the Representative of the non-accountable expense allowance shall be equal to the sum of the Representative's actual out-of-pocket expenses (including, but not limited to, counsel fees, "road-show" and due diligence expenses). The Representative shall retain such part of the non-accountable expense allowance previously paid as shall equal such actual out-of-pocket expenses. If the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of actual out-of-pocket expenses, the Representative shall promptly remit to the Company any such excess.paid
Appears in 1 contract
Samples: Underwriting Agreement (Global Telecommunication Solutions Inc)