Common use of Prior Payments Clause in Contracts

Prior Payments. The parties hereby acknowledge prior payment of $32,500 to the Agent as a deposit against its due diligence costs, which amount was paid upon execution of the Proposal. Upon the request of the Company, the Agent will provide a written accounting of this deposit to the Company. Any remaining funds from this deposit will be applied against the Agent’s expenses related to marketing and administering the Notes. To the extent that this Agreement is terminated, the Agent will promptly refund the excess of any unused portion of such funds over amounts otherwise owed hereunder.

Appears in 2 contracts

Samples: Distribution and Management Agreement (Performance Home Buyers LLC), Distribution and Management Agreement (Performance Home Buyers LLC)

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Prior Payments. The parties hereby acknowledge prior payment of $32,500 40,000 to the Agent as a deposit against its due diligence costs, which amount was paid upon execution of the Proposal. Upon At the request time of the CompanyInitial Closing, the Agent will provide a written accounting of this deposit to the Company. Any remaining funds from this deposit will be applied against the Agent’s 's expenses related to marketing and administering as directed by the NotesCompany. To the extent that this Agreement is terminated, the Agent will promptly refund the excess of any unused portion of such funds over amounts otherwise owed hereunder.

Appears in 1 contract

Samples: Distribution and Management Agreement (Zanett Inc)

Prior Payments. The parties hereby acknowledge prior payment of $32,500 60,000 to the Agent as a deposit against its due diligence costs, which amount was paid upon execution of the Proposal. Upon the request of the Company, the Agent will provide a written accounting of this deposit to the Company. Any remaining funds from this deposit will be applied against the Agent’s expenses related to marketing and administering the Notes. To the extent that this Agreement is terminated, the Agent will promptly refund the excess of any unused portion of such funds over amounts otherwise owed hereunder.

Appears in 1 contract

Samples: Distribution and Management Agreement (Sten Corp)

Prior Payments. The parties hereby acknowledge prior payment of $32,500 50,000 to the Agent as a deposit against its due diligence costs, which amount was paid upon execution of the Proposal. Upon the request of the Company, the Agent will provide a written accounting of this deposit to the CompanyCompany within sixty (60) days after the earlier of (i) the execution of this Agreement; and (ii) March 31, 2003. Any remaining funds from this deposit will be applied against the Agent’s 's expenses related to marketing and administering the Notes. To the extent that this Agreement is terminated, the Agent will promptly refund the excess of any unused portion of such funds over amounts otherwise owed hereunder.

Appears in 1 contract

Samples: Distribution and Management Agreement (Metris Companies Inc)

Prior Payments. The parties hereby acknowledge prior payment of $32,500 60,000 to the Agent as a deposit against its due diligence costs, which amount was paid upon execution of the Proposal. Upon the request of the Company, the Agent will provide a written accounting of this deposit to the Company. Any remaining funds from this deposit will be applied against the Agent’s expenses related to marketing and administering the Notes. To the extent that this Agreement is terminated, the Agent will promptly refund the excess of any unused portion of such funds over amounts otherwise owed hereunder.

Appears in 1 contract

Samples: Distribution and Management Agreement (Advanced Environmental Recycling Technologies Inc)

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Prior Payments. The parties hereby acknowledge prior payment of $32,500 _________________ to the Agent as a deposit against its due diligence costs, which amount was paid upon execution of the Proposal. Upon the request of the Company, the Agent will provide a written accounting of this deposit to the Company. Any remaining funds from this deposit will be applied against the Agent’s 's expenses related to marketing and administering the Notes. To the extent that this Agreement is terminated, the Agent will promptly refund the excess of any unused portion of such funds over amounts otherwise owed hereunder.

Appears in 1 contract

Samples: Distribution and Management Agreement (Consumer Portfolio Services Inc)

Prior Payments. The parties hereby acknowledge prior payment of $32,500 75,000 to the Agent as a deposit against its due diligence costs, which amount was paid upon execution of the Proposal. Upon the request of the Company, the Agent will provide a written accounting of this deposit to the Company. Any remaining funds from this deposit will be applied against the Agent’s expenses related to marketing and administering the Notes. To the extent that this Agreement is terminated, the Agent will promptly refund the excess of any unused portion of such funds over amounts otherwise owed hereunder.

Appears in 1 contract

Samples: Distribution and Management Agreement (Winmark Corp)

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