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(x) or 8(y)(ii), or if the sale to the Investors of the Shares at the time of purchase is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company shall reimburse the Placement Agents, severally, upon demand for all of their out-of-pocket expenses, including the fees and disbursements of their counsel.

Appears in 1 contract

Samples: Placement Agent Agreement (Lexicon Genetics Inc/Tx)

AutoNDA by SimpleDocs

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If Notwithstanding anything to the contrary in this Agreement, if this Agreement is shall have been terminated by the Placement Agents pursuant to Section 8(x) or 8(y)(ii), or if and the sale to the Investors of the Shares at the time of purchase is not consummated because of any the refusal, inability or failure on the part of the Company to perform any material agreement herein or to comply with satisfy any provision hereofmaterial condition, then the Company shall reimburse the Placement Agents, severally, upon demand Agent for all of their its reasonable fees and expenses and for such other out-of-pocket expensesexpenses as shall have been approved by the Company in connection with this Agreement and the proposed purchase of the Shares, including and upon demand the fees and disbursements of their counselCompany shall pay the full amount thereof to the Placement Agent.

Appears in 1 contract

Samples: Placement Agent Agreement (Cleveland Biolabs Inc)

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agents Agent pursuant to Section 8(x) 6 or 8(y)(ii)Section 7, or if the sale to the Investors of the Shares at the time of purchase is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company shall shall, as provided in Section 4(j) hereof, reimburse the Placement Agents, severally, upon demand Agent for all of their its out-of-pocket expenses, including the fees and disbursements of their its counsel.

Appears in 1 contract

Samples: Placement Agency Agreement (Midway Games Inc)

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agents pursuant to Section Sections 8(x) or 8(y)(ii), or if the sale to the Investors of the Shares at the time of purchase is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company shall reimburse the Placement Agents, severally, upon demand for all of their reasonable out-of-pocket expenses, including the reasonable fees and disbursements of their counsel, which expenses shall not exceed $100,000 in the aggregate.

Appears in 1 contract

Samples: Placement Agent Agreement (Faro Technologies Inc)

AutoNDA by SimpleDocs

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agents pursuant to Section 8(x) 7 or 8(y)(ii)Section 8, or if the sale to the Investors of the Shares and the Warrants at the time of purchase is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company shall reimburse the Placement Agents, severally, upon demand Agents for all of their its actual out-of-pocket expensesexpenses in accordance with the Engagement Letter, including the fees and disbursements of their its counsel.

Appears in 1 contract

Samples: Placement Agency Agreement (Genaera Corp)

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agents Agent pursuant to Section 8(x) 7 or 8(y)(ii)Section 8, or if the sale to the Investors of the Shares Securities at the time of purchase is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company shall reimburse the Placement Agents, severally, upon demand Agent for all of their its out-of-pocket expensesexpenses in accordance with the Engagement Letter, including the fees and disbursements of their its counsel.

Appears in 1 contract

Samples: Placement Agency Agreement (Avanex Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!