Common use of Payment of Investor’s Counsel Fees; Due Diligence Expenses Clause in Contracts

Payment of Investor’s Counsel Fees; Due Diligence Expenses. On the Effective Date, the Company shall have paid by wire transfer of immediately available funds to an account designated by the Investor’s counsel, the fees and expenses of the Investor’s counsel in accordance with the proviso to the first sentence of Section 9.1(i) of this Agreement. On the 30th day of the third month in each calendar quarter during the Investment Period, the Company shall have paid by wire transfer of immediately available funds (a) to an account designated by the Investor, the due diligence expenses incurred by the Investor and (b) to an account designated by the Investor’s counsel, the fees and expenses of the Investor’s counsel, in each case, in accordance with the provisions of the second sentence of Section 9.1(i) of this Agreement.

Appears in 11 contracts

Samples: Common Stock Purchase Agreement (Syntroleum Corp), Common Stock Purchase Agreement (Solexa, Inc.), Common Stock Purchase Agreement (Titan Pharmaceuticals Inc)

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Payment of Investor’s Counsel Fees; Due Diligence Expenses. On the Effective Date, the Company shall have paid by wire transfer of immediately available funds to an account designated by the Investor’s counsel, the fees and expenses of the Investor’s counsel in accordance with the proviso to the first sentence of Section 9.1(i) of this Agreement. On the 30th day of the third month in each calendar quarter during the Investment PeriodPeriod when no Shares have been purchased or sold because the Company did not deliver a Fixed Request Notice, the Company shall have paid by wire transfer of immediately available funds (a) to an account designated by the Investor, the due diligence expenses incurred by the Investor and (b) to an account designated by the Investor’s counsel, the fees and expenses of the Investor’s counsel, in each case, in accordance with the provisions of the second sentence of Section 9.1(i) of this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Alexza Pharmaceuticals Inc.)

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