Common use of REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES Clause in Contracts

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agents pursuant to Section 8, if any of the conditions set forth in Section 6 are not satisfied in accordance with Section 6 or if the sale of the Shares to the Investors is not consummated because of the refusal, ability or failure on the part of the Company to perform any agreement or obligation, or to comply with any provisions, of this Agreement, or any Subscription Agreement, then the Company shall, in addition to paying the amounts described in Section 4(k) hereof, reimburse the Placement Agents for all of their reasonable out-of-pocket expenses, including the fees and disbursements of its counsel.

Appears in 1 contract

Samples: Placement Agency Agreement (Exactech Inc)

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REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the any Placement Agents Agent pursuant to Section 87, if any of the conditions set forth in Section 6 are not satisfied in accordance with Section 6 or if the sale of the Shares Securities to the Investors is not consummated because of the any refusal, ability inability or failure on the part of the Company to perform any agreement or obligation, or to comply with any provisionsprovision, of this Agreement, Agreement or any Subscription Agreement, then the Company shall, in addition to paying the amounts described in Section 4(k4(m) hereof, reimburse the Placement Agents Susquehanna for all of their its reasonable out-of-pocket expenses, including the fees and disbursements of its counsel, up to an aggregate amount of $75,000.

Appears in 1 contract

Samples: Placement Agency Agreement (Stemcells Inc)

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agents Agent pursuant to Section 87, if any of the conditions set forth in Section 6 are not satisfied in accordance with Section 6 or if the sale of the Shares Securities to the Investors is not consummated because of the any refusal, ability inability or failure on the part of the Company to perform any agreement or obligation, or to comply with any provisionsprovision, of this Agreement, Agreement or any Subscription Agreement, then the Company shall, in addition to paying the amounts described in Section 4(k4(m) hereof, reimburse the Placement Agents Chardan for all of their its reasonable out-of-pocket expenses, including the fees and disbursements of its counsel, up to an aggregate amount of $25,000.

Appears in 1 contract

Samples: Placement Agency Agreement (Stemcells Inc)

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REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agents Agent pursuant to Section 87, if any of the conditions set forth in Section 6 are not satisfied in accordance with Section 6 or if the sale of the Shares to the Investors is not consummated because of the any refusal, ability inability or failure on the part of the Company to perform any agreement or obligation, or to comply with any provisionsprovision, of this Agreement, the Engagement Letter or any Subscription Purchase Agreement, then the Company shall, in addition to paying the amounts described in Section 4(k4(m) hereof, reimburse the Placement Agents Agent for all of their its reasonable out-of-pocket expenses, including the fees and disbursements of its counsel.

Appears in 1 contract

Samples: Placement Agency Agreement (Stemcells Inc)

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