Common use of Prospects Clause in Contracts

Prospects. Subject to the Solicitation Procedures described in section 2, including completion of due diligence as described in section 2(b), NCPS will identify individuals and/or institutions that NCPS wishes to solicit on behalf of the Company for the Offering (“NCPS Prospects”), who, together with any other individuals or institutions who view the Offering through the Platform Technology (defined below) or are otherwise referred by the Company (the “Company Prospects”) will be deemed to be prospective investors under this Agreement (each, a “Prospect” and collectively “the Prospects”). For the avoidance of doubt, the parties listed in Exhibit A (“Excluded Investors”) shall be deemed to be Company Prospects. All information about NCPS Prospects is confidential information of NCPS, provided however upon any such NCPS Prospect becoming an investor in the Company all information provided to the Company by such NCPS Prospect will be Company property also. NCPS agrees to provide the Company with identifying information about each Prospect at or before closing of the Offering. Any such Prospect who (i) has not been introduced to the Company before the final closing of the Offering (“Closing”), or (ii) has not invested in the Company within six months after the termination of this Agreement will no longer be regarded as a Prospect hereunder and NCPS will have no claim under Section 4.

Appears in 36 contracts

Samples: Solicitation Agreement (Florida Mangos Wild, Inc.), Solicitation Agreement (Denver Moguls, Inc.), Solicitation Agreement (Philadelphia Powderkegs, Inc.)

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Prospects. Subject to the Solicitation Procedures described in section 2, including completion of due diligence as described in section 2(b), NCPS will identify individuals and/or institutions that NCPS wishes to solicit on behalf of the Company for the Offering (“NCPS Prospects”), who, together with any other individuals or institutions who view the Offering through the Platform Technology (defined below) or are otherwise referred by the Company (the “Company Prospects”) will be deemed to be prospective investors under this Agreement (each, a “Prospect” and collectively the the the Prospects”). For The Company will make at least $1 million of the avoidance of doubt, securities in the parties listed in Exhibit A (“Excluded Investors”) shall be deemed Offering available to be Company Prospects. All information about NCPS Prospects is confidential information of NCPS, provided however upon any such NCPS Prospect becoming an investor in the Company all information provided to the Company by such NCPS Prospect will be Company property also. NCPS agrees to provide the Company with identifying information about each Prospect at or before closing of the Offering. Any such Prospect who (i) has not been introduced to the Company before the final closing of the Offering (“Closing”), or (ii) has not invested in the Company within six three months after the termination of this Agreement will no longer be regarded as a Prospect hereunder and NCPS will have no claim under Section 4. The parties agree that the Prospects shall not include any of those persons set forth on Exhibit A (each, an “Excluded Investor” and collectively, the “Excluded Investors”).

Appears in 3 contracts

Samples: Solicitation Agreement (Compound Projects, LLC), Solicitation Agreement (Compound Projects, LLC), Solicitation Agreement (Otis Gallery LLC)

Prospects. Subject to the Solicitation Procedures described in section 2, including completion of due diligence as described in section 2(b), NCPS will identify individuals and/or institutions that NCPS wishes to solicit on behalf of the Company for the Offering (“NCPS Prospects”), who, together with any other individuals or institutions who view the Offering through the Platform Technology (defined below) or are otherwise referred by the Company (the “Company Prospects”) will be deemed to be prospective investors under this Agreement (each, a “Prospect” and collectively “the Prospects”). For The Company will make at least $10 million of the avoidance of doubt, securities in the parties listed in Exhibit A (“Excluded Investors”) shall be deemed Offering available to be Company Prospects. All information about NCPS Prospects is confidential information of NCPS, provided however upon any such NCPS Prospect becoming an investor in the Company all information provided to the Company by such NCPS Prospect will be Company property also. NCPS agrees to provide the Company with identifying information about each Prospect at or before closing of the Offering. Any such Prospect who (i) has not been introduced to the Company before the final closing of the Offering (“Closing”), or (ii) has not invested in the Company within six three months after the termination of this Agreement will no longer be regarded as a Prospect hereunder and NCPS will have no claim under Section 4. The parties agree that the Prospects shall not include any of those persons set forth on Exhibit A (each, an “Excluded Investor” and collectively, the “Excluded Investors”).

Appears in 2 contracts

Samples: Solicitation Agreement (Secured Real Estate Income Fund II, LLC), Solicitation Agreement (Secured Real Estate Income Fund II, LLC)

Prospects. Subject to the Solicitation Procedures described in section 2, including completion of due diligence as described in section 2(b), NCPS will identify individuals and/or institutions that NCPS wishes to solicit on behalf of the Company for the Offering (“NCPS Prospects”), who, together with any other individuals or institutions who view the Offering through the Platform Technology (defined below) or are otherwise referred by the Company (the “Company Prospects”) will be deemed to be prospective investors under this Agreement (each, a “Prospect” and collectively “the Prospects”). For The Company will make at least $1 million of the avoidance of doubt, securities in the parties listed in Exhibit A (“Excluded Investors”) shall be deemed Offering available to be Company Prospects. All information about NCPS Prospects is confidential information of NCPS, provided however upon any such NCPS Prospect becoming an investor in the Company all information provided to the Company by such NCPS Prospect will be Company property also. NCPS agrees to provide the Company with identifying information about each Prospect at or before closing of the Offering. Any such Prospect who (i) has not been introduced to the Company before the final closing of the Offering (“Closing”), or (ii) has not invested in the Company within six three months after the termination of this Agreement will no longer be regarded as a Prospect hereunder and NCPS will have no claim under Section 4. The parties agree that the Prospects shall not include any of those persons set forth on Exhibit A (each, an “Excluded Investor” and collectively, the “Excluded Investors”).

Appears in 1 contract

Samples: Solicitation Agreement (Otis Gallery LLC)

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Prospects. Subject to the Solicitation Procedures described in section 2, including completion of due diligence as described in section 2(b), NCPS will identify individuals and/or institutions that NCPS wishes to solicit on behalf of the Company for the Offering (“NCPS Prospects”), who, together with any other individuals or institutions who view the Offering through the Platform Technology (defined below) or are otherwise referred by the Company (the “Company Prospects”) will be deemed to be prospective investors under this Agreement (each, a “Prospect” and collectively “the Prospects”). For The Company will make at least $10 million of the avoidance of doubt, securities in the parties listed in Exhibit A (“Excluded Investors”) shall be deemed Offering available to be Company Prospects. All information about NCPS Prospects is confidential information of NCPS, provided however upon any such NCPS Prospect becoming an investor in the Company all information provided to the Company by such NCPS Prospect will be Company property also. NCPS agrees to provide the Company with identifying information about each Prospect at or before closing of the Offering. Any such Prospect who (i) has not been introduced to the Company before the final closing of the Offering (“Closing”), or (ii) has not invested in the Company within six months after the termination of this Agreement will no longer be regarded as a Prospect hereunder and NCPS will have no claim under Section 4.

Appears in 1 contract

Samples: Solicitation Agreement (WORTHPOINT Corp)

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