Post Offering Investments Clause Samples
The "Post Offering Investments" clause defines the terms and conditions under which investments may be made or managed after the initial offering period has concluded. Typically, this clause outlines the procedures for accepting additional capital, reinvesting proceeds, or making follow-on investments in portfolio assets once the primary fundraising or offering phase is complete. For example, it may specify timeframes, investor eligibility, or limitations on the amount and type of post-offering investments permitted. The core function of this clause is to provide a clear framework for handling new or ongoing investments after the initial offering, ensuring transparency and consistency for all parties involved.
Post Offering Investments. Provided that the Closing Securities are sold in accordance with the terms of this Agreement, in the event any individual or entity (including affiliates of such persons) that was introduced to the Company by any Underwriter subsequently provides the Company capital via any transaction, including, but not limited to, via any exercise of the Closing Warrants or the Option Warrants (if any) issued in this Offering, during the period commencing ninety-one (91) days following the Closing Date and continuing for a period of fifteen (15) months thereafter, the Company shall be obligated to pay the applicable Underwriter a cash fee of seven percent (7%) of the gross proceeds of any such investments.
Post Offering Investments. Provided that the Firm Securities are sold in accordance with the terms of this Agreement, in the event any individual or entity (including affiliates of such persons) that was introduced to the Company by any Underwriter subsequently provides the Company capital via any transaction during the period commencing 91 days following the Closing Date and ending eighteen months thereafter, .the Company shall be obligated to pay the applicable Underwriter a cash fee of 7% of the gross proceeds of any such investments.
Post Offering Investments. Notwithstanding any other provision of this Agreement, including, but not limited to, Section 4.21, provided that the Securities are sold in accordance with the terms of this Agreement, in the event any individual or entity (including affiliates of such persons) that was directly introduced to the Company by any Underwriter subsequently provides the Company capital in any transaction, during the period commencing three (3) months following the Closing Date and ending eighteen (18) months thereafter, the Company shall be obligated to pay the applicable Underwriter a cash fee of 7.0% of the gross proceeds of any such investments.
Post Offering Investments. Provided that the Firm Shares are sold in accordance with the terms of this Agreement, in the event any individual or entity (including affiliates of such persons) that was introduced to the Company by ▇▇ ▇▇▇▇▇▇ subsequently provides the Company capital via any transaction, commencing on the Closing Date and continuing for a period of twelve (12) months thereafter, the Company shall be obligated to pay the ▇▇ ▇▇▇▇▇▇ a cash fee of eight percent (8%) of the gross proceeds of any such investments.
Post Offering Investments. Provided that the Firm Securities are sold in accordance with the terms of this Agreement, in the event any individual or entity (including affiliates of such persons) that was actually introduced to the Company by ▇▇ ▇▇▇▇▇▇ during the engagement period which shall be the earlier of six (6) months from June 14, 2023 or (ii) the closing of the Offering (the “Engagement Period”), provides the Company capital via any transaction, and such transaction is consummated during the Engagement Period or within six (6) months thereafter, the Company shall be obligated to pay ▇▇ ▇▇▇▇▇▇ a cash fee of eight percent (8%) of the gross proceeds of any such investments.
Post Offering Investments. Notwithstanding any other provision of this Agreement, including, but not limited to, Section 4.21, if within twelve (12) months following the Closing of the Offering, the Company completes any financing of equity, equity-linked or debt or other capital raising activity (other than the exercise by any Person of any options, warrants or other convertible securities) with any of the investors contacted or introduced by Maxim, then the Company shall pay Maxim upon the closing of such financing a cash fee of eight percent (8%)% of the gross proceeds of such financing and share purchase warrants covering a number of shares equal up to eight percent (8%) of the total number of shares being sold in such financing.
Post Offering Investments. Provided that the Closing Shares are sold in accordance with the terms of this Agreement, in the event any individual or entity (including affiliates of such persons) that was introduced to the Company by Spartan subsequently provides the Company capital via any transaction, commencing on the Closing Date and continuing for a period of twelve (12) months thereafter, the Company shall be obligated to pay Spartan a cash fee of eight percent (8%) of the gross proceeds of any such investments.
Post Offering Investments. The provisions respecting the payment to the Representatives of certain fees in connection with certain post offering investments pursuant to Section 7.4 of the Prior UA, shall remain in full force and effect irrespective of whether this Agreement is consummated or terminated.
Post Offering Investments. The Representative shall be entitled to compensation under Sections 3(j)(i) and 3(j)(ii) herein, calculated in the manner set forth therein, with respect to any public or private offering or other financing or capital raising transaction of any kind (“Tail Financing”) to the extent that such financing or capital is provided to the Company by funds whom the Representative had directly introduced to the Company, if such Tail Financing is consummated at any time within the six-month period following the expiration or termination of this Agreement.
Post Offering Investments. In the event any individual or entity (including affiliates of such persons) that was actually introduced to the Company by the Representative during the Engagement Period (as defined in the Engagement Agreement) provides the Company capital via transactions in any equity, debt or equity derivatives instruments, during the twelve (12) month period following the Engagement Period (as defined in the Engagement Agreement), the Company shall be obligated to pay the Representative a cash fee of seven and one-quarter percent (7.25%) of the gross proceeds of any such investments, provided that such capital is provided to the Company by a party actually introduced to the Company and the Company has direct knowledge of such party’s participation.