Common use of Placement Agent Fees Clause in Contracts

Placement Agent Fees. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to pay Xxxxxxx Xxxxx a fee (the "Fee") as compensation in full by the Company, based upon the aggregate amount of Securities sold, as calculated in accordance with the provisions of this Section for its services pursuant to this Agreement. The Fee will equal 5.125% of the purchase price of all Securities sold to the Fund pursuant to this Agreement. (b) On the date on which the Fund purchases the Securities from the Company in accordance with this Agreement (the "Closing Time"), but in no event prior to the Company's receipt of the purchase price for the Securities, the Company shall pay the Fee to the Placement Agent in cash by wire transfer of immediately available funds to a bank account designated by the Placement Agent.

Placement Agent Fees. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to pay Xxxxxxx Xxxxx a fee (the "Fee") as compensation in full by the Company), based upon the aggregate amount of Securities sold, as calculated in accordance with the provisions of this Section for its services pursuant to this Agreement. The Fee will equal 5.125% of the purchase price of all Securities sold to the Fund Purchaser pursuant to this Agreement. (b) . On the date on in which the Fund Purchaser purchases the Securities from the Company in accordance with this Agreement (the "Closing Time"), but in no event prior to the Company's receipt of the purchase price for the Securities, the Company shall pay the Fee to the Placement Agent in cash by wire transfer of immediately available funds to a bank account designated by the Placement Agent.

Placement Agent Fees. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to pay Xxxxxxx Xxxxx a fee (the "Fee") as compensation in full by the Company), based upon the aggregate amount of Securities sold, as calculated in accordance with the provisions of this Section for its services pursuant to this Agreement. The Fee will be equal to 5.125% of the purchase price of all Securities sold to the Fund pursuant to this Agreement. (b) On the date on which the Fund purchases the Securities from the Company in accordance with this Agreement (the "Closing Time"), but in no event prior to the Company's receipt of the purchase price for the Securities, the Company shall pay the Fee to the Placement Agent in cash by wire transfer of immediately available funds to a bank account designated by the Placement Agent.

Placement Agent Fees. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to pay Xxxxxxx Xxxxx Merrill Lynch a fee (the "Fee") as compensation in full by the Company), based upon the aggregate amount of Securities amouxx xx Xexxxxxies sold, as calculated in accordance with the provisions of this Section for its services pursuant to this Agreement. The Fee will equal to 5.125% of the purchase price of all Securities sold to the Fund pursuant to this Agreement. (b) On the date on in which the Fund purchases the Securities from the Company in accordance with this Agreement (the "Closing Time"), but in no event prior to the Company's receipt of the purchase price for the Securities, the Company shall pay the Fee to the Placement Agent in cash by wire transfer of immediately available funds to a bank account designated by the Placement Agent.

Placement Agent Fees. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to pay Xxxxxxx Xxxxx a fee (the "Fee") as compensation in full by the Company), based upon the aggregate amount of Securities sold, as calculated in accordance with the provisions of this Section for its services pursuant to this Agreement. The Fee will equal to 5.125% of the purchase price of all Securities sold to the Fund pursuant to this Agreement. (b) On the date on in which the Fund purchases the Securities from the Company in accordance with as contemplated by this Agreement and the Purchase Agreement (the "Closing Time"), but in no event prior to the Company's receipt of the purchase price for the Securities, the Company shall pay the Fee to the Placement Agent in cash by wire transfer of immediately available funds to a bank account designated by the Placement Agent.