Retention of Agent; Compensation; Sale and Delivery of the Shares. Subject to the terms and conditions herein set forth, the Company and the Bank have retained the Agent to consult with and to advise the Bank and the Company, and to assist the Company, on a best efforts basis, in the distribution of the shares of Common Stock in the Offering. The services that the Agent will provide include, but are not limited to (i) training the employees of the Bank who will perform certain ministerial functions in the Subscription and Community Offering regarding the mechanics and regulatory requirements of the stock offering process, (ii) managing the Stock Information Center by assisting interested stock subscribers and by keeping records of all stock orders and (iii) preparing marketing materials. On the basis of the representations, warranties, and agreements herein contained, but subject to the terms and conditions herein set forth, the Agent accepts such appointment and agrees to consult with and advise the Company and the Bank as to the matters set forth in the letter agreement ("Letter Agreement"), dated March 6, 2000 between the Bank and the Agent (a copy of which is attached hereto as Exhibit A). It is acknowledged by the Company and the Bank that the Agent shall not be required to take or purchase any Shares or be obligated to take any action which is inconsistent with all applicable laws, regulations, decisions or orders. In the event of a Public Offering, the Agents will assemble and manage a selling group of broker-dealers which are members of the National Association of Securities Dealers, Inc. (the "NASD") to participate in the solicitation of purchase orders for shares under a selected dealers' agreement ("Selected Dealers' Agreement"), the form of which is set forth as a Exhibit B to this Agreement. Agent also agrees to provide financial advisory assistance to the Bank and the Company at no charge for a period of one year following the completion of the Offering including general advice on the market for bank stocks and the stock of the Company, shareholder enhancement methods and other related matters. Thereafter, if the parties wish to continue the relationship, a fee will be negotiated and an agreement with respect to specific advisory services will be entered into at that time. The obligations of the Agent pursuant to this Agreement (other than those set forth in Sections 9 and 10 hereof) shall terminate upon the completion or termination or abandonment of the Plan by the Company or upon termination of the Offering, but in no event later than the date (the "End Date") which is 45 days after the Closing Date (as hereinafter defined). All fees or expenses due to the Agent but unpaid will be payable to the Agent in next day funds at the earlier of the Closing Date (as hereinafter defined) or the End Date. In the event the Offering is extended beyond the End Date, the Company, the Bank and the Agent may agree to renew this Agreement under mutually acceptable terms. In the event the Company is unable to sell a minimum of 459,000 Shares within the period herein provided, this Agreement shall terminate and the Company shall refund to any persons who have subscribed for any of the Shares, the full amount which it may have received from them plus accrued interest as set forth in the Prospectus; and none of the parties to this Agreement shall have any obligation to the other parties hereunder, except as set forth in this Section 2 and in Sections 7, 9 and 10 hereof. In the event the Offering is terminated, the Agent shall be paid the fees due to the date of such termination pursuant to subparagraphs (a) and (d) below. If all conditions precedent to the consummation of the Conversion, including, without limitation, the sale of all Shares required by the Plan to be sold, are satisfied, the Company agrees to issue, or have issued, the Shares sold in the Offering and to release for delivery certificates for such Shares on the Closing Date (as hereinafter defined) against payment to the Company by any means authorized by the Plan; provided, however, that no funds shall be released to the Company until the conditions specified in Section 8 hereof shall have been complied with to the reasonable satisfaction of the Agent and their counsel. The release of Shares against payment therefor shall be made on a date and at a place acceptable to the Company, the Bank and the Agent. Certificates for shares shall be delivered directly to the purchasers in accordance with their directions. The date upon which the Company shall release or deliver the Shares sold in the Offering, in accordance with the terms herein, is called the "Closing Date." The Agent shall receive the following compensation for its services hereunder:
Appears in 2 contracts
Samples: Agency Agreement (Allied First Bancorp Inc), Agency Agreement (Allied First Bancorp Inc)
Retention of Agent; Compensation; Sale and Delivery of the Shares. Subject to the terms and conditions herein set forth, the Company and the Bank have retained the Agent to consult with and to advise the Bank and the Company, and to assist the Company, on a best efforts basis, in the distribution of the shares of Common Stock in the Offering. The services that the Agent will provide include, but are not limited to (i) training the employees of the Bank who will perform certain ministerial functions in the Subscription and Community Offering regarding the mechanics and regulatory requirements of the stock offering process, (ii) managing the Stock Information Center by assisting interested stock subscribers and by keeping records of all stock orders and (iii) preparing marketing materials. On the basis of the representations, warranties, and agreements herein contained, but subject to the terms and conditions herein set forth, the Agent accepts such appointment and agrees to consult with and advise the Company and the Bank as to the matters set forth in the letter agreement ("Letter Agreement"), dated March 6May 10, 2000 2001 between the Bank and the Agent (a copy of which is attached hereto as Exhibit A). It is acknowledged by the Company and the Bank that the Agent shall not be required to take or purchase any Shares or be obligated to take any action which is inconsistent with all applicable laws, regulations, decisions or orders. In the event of a Public Offering, the Agents will assemble and manage a selling group of broker-dealers which are members of the National Association of Securities Dealers, Inc. (the "NASD") to participate in the solicitation of purchase orders for shares under a selected dealers' agreement ("Selected Dealers' Agreement"), the form of which is set forth as a Exhibit B to this Agreement. Agent also agrees to provide financial advisory assistance to the Bank and the Company at no charge for a period of one year following the completion of the Offering including general advice on the market for bank stocks and the stock of the Company, shareholder enhancement methods and other related matters. Thereafter, if the parties wish to continue the relationship, a fee will be negotiated and an agreement with respect to specific advisory services will be entered into at that time. The obligations of the Agent pursuant to this Agreement (other than those set forth in Sections 9 and 10 hereof) shall terminate upon the completion or termination or abandonment of the Plan by the Company or upon termination of the Offering, but in no event later than the date (the "End Date") which is 45 days after the Closing Date (as hereinafter defined). All fees or expenses due to the Agent but unpaid will be payable to the Agent in next day funds at the earlier of the Closing Date (as hereinafter defined) or the End Date. In the event the Offering is extended beyond the End Date, the Company, the Bank and the Agent may agree to renew this Agreement under mutually acceptable terms. In the event the Company is unable to sell a minimum of 459,000 323,000 Shares within the period herein provided, this Agreement shall terminate and the Company shall refund to any persons who have subscribed for any of the Shares, the full amount which it may have received from them plus accrued interest as set forth in the Prospectus; and none of the parties to this Agreement shall have any obligation to the other parties hereunder, except as set forth in this Section 2 and in Sections 7, 9 and 10 hereof. In the event the Offering is terminated, the Agent shall be paid the fees due to the date of such termination pursuant to subparagraphs (a) and (d) below. If all conditions precedent to the consummation of the Conversion, including, without limitation, the sale of all Shares required by the Plan to be sold, are satisfied, the Company agrees to issue, or have issued, the Shares sold in the Offering and to release for delivery certificates for such Shares on the Closing Date (as hereinafter defined) against payment to the Company by any means authorized by the Plan; provided, however, that no funds shall be released to the Company until the conditions specified in Section 8 hereof shall have been complied with to the reasonable satisfaction of the Agent and their counsel. The release of Shares against payment therefor shall be made on a date and at a place acceptable to the Company, the Bank and the Agent. Certificates for shares shall be delivered directly to the purchasers in accordance with their directions. The date upon which the Company shall release or deliver the Shares sold in the Offering, in accordance with the terms herein, is called the "Closing Date." The Agent shall receive the following compensation for its services hereunder:
Appears in 1 contract
Retention of Agent; Compensation; Sale and Delivery of the Shares. Subject to the terms and conditions herein set forth, the Company and the Bank have retained the Agent to consult with and to advise the Bank and the Company, and to assist the Company, on a best efforts basis, in the distribution of the shares of Common Stock in the Offering. The services that the Agent will provide include, but are not limited to (i) training the employees of the Bank who will perform certain ministerial functions in the Subscription and Community Offering regarding the mechanics and regulatory requirements of the stock offering process, (ii) managing the Stock Information Center by assisting interested stock subscribers and by keeping records of all stock orders and (iii) preparing marketing materials. On the basis of the representations, warranties, and agreements herein contained, but subject to the terms and conditions herein set forth, the Agent accepts such appointment and agrees to consult with and advise the Company and the Bank as to the matters set forth in the letter agreement ("Letter Agreement"), dated March 6August 18, 2000 between the Bank and the Agent (a copy of which is attached hereto as Exhibit A). It is acknowledged by the Company and the Bank that the Agent shall not be required to take or purchase any Shares or be obligated to take any action which is inconsistent with all applicable laws, regulations, decisions or orders. In the event of a Public Syndicated Community Offering, the Agents will assemble and manage a selling group of broker-dealers which are members of the National Association of Securities Dealers, Inc. (the "NASD") to participate in the solicitation of purchase orders for shares under a selected 2NEXT PAGE dealers' agreement ("Selected Dealers' Agreement"), the form of which is set forth as a Exhibit B to this Agreement. Agent also agrees to provide financial advisory assistance to the Bank and the Company at no charge for a period of one year following the completion of the Offering including general advice on the market for bank stocks and the stock of the Company, shareholder enhancement methods and other related matters. Thereafter, if the parties wish to continue the relationship, a fee will be negotiated and an agreement with respect to specific advisory services will be entered into at that time. The obligations of the Agent pursuant to this Agreement (other than those set forth in Sections 2(d), 8 and 9 and 10 hereof) shall terminate upon the completion or termination or abandonment of the Plan by the Company or upon termination of the Offering, but in no event later than the date (the "End Date") which is 45 days after the Closing Date (as hereinafter defined). All fees or expenses due to the Agent but unpaid will be payable to the Agent in next day funds at the earlier of the Closing Date (as hereinafter defined) or the End Date. In the event the Offering is extended beyond the End Date, the Company, the Bank and the Agent may agree to renew this Agreement under mutually acceptable terms. In the event the Company is unable to sell a minimum of 459,000 170,000 Shares within the period herein provided, this Agreement shall terminate and the Company shall refund to any persons who have subscribed for any of the Shares, the full amount which it may have received from them plus accrued interest as set forth in the Prospectus; and none of the parties to this Agreement shall have any obligation to the other parties hereunder, except as set forth in this Section 2 and in Sections 76, 8 and 9 and 10 hereof. In the event the Offering is terminated, the Agent shall be paid the fees due to the date of such termination pursuant to subparagraphs (a) and (d) belowreimbursed for its actual accountable out-of-pocket expenses. If all conditions precedent to the consummation of the ConversionOffering, including, without limitation, the sale of all Shares required by the Plan to be sold, are satisfied, the Company agrees to issue, or have issued, the Shares sold in the Offering and to release for delivery certificates for such Shares on the Closing Date (as hereinafter defined) against payment to the Company by any means authorized by the Plan; provided, however, that no funds shall be released to the Company until the conditions specified in Section 8 7 hereof shall have been complied with to the reasonable satisfaction of the Agent and their counsel. The release of Shares against payment therefor shall be made on a date and at a place acceptable to the Company, the Bank and the Agent. Certificates for shares shall be delivered directly to the purchasers in accordance with their directions. The date upon which the Company shall release or deliver the Shares sold in the Offering, in accordance with the terms herein, is called the "Closing Date." The Agent shall receive the following compensation for its services hereunder:
Appears in 1 contract
Samples: Common Stock (Bancaffiliated Inc)
Retention of Agent; Compensation; Sale and Delivery of the Shares. Subject to the terms and conditions herein set forth, the Company and the Bank have retained the Agent to consult with and to advise the Bank and the Company, and to assist the Company, on a best efforts basis, in the distribution of the shares of Common Stock in the Offering. The services that the Agent will provide include, but are not limited to (i) training the employees of the Bank who will perform certain ministerial functions in the Subscription and Community Offering regarding the mechanics and regulatory requirements of the stock offering process, (ii) managing the Stock Information Center by assisting interested stock subscribers and by keeping records of all stock orders and (iii) preparing marketing materials. On the basis of the representations, warranties, and agreements herein contained, but subject to the terms and conditions herein set forth, the Agent accepts such appointment and agrees to consult with and advise the Company and the Bank as to the matters set forth in the letter agreement ("Letter Agreement"), dated March 6June 4, 2000 2001 between the Bank and the Agent (a copy of which is attached hereto as Exhibit A). It is acknowledged by the Company and the Bank that the Agent shall not be required to take or purchase any Shares or be obligated to take any action which is 2 Next Page inconsistent with all applicable laws, regulations, decisions or orders. In the event of a Public Offering, the Agents will assemble and manage a selling group of broker-dealers which are members of the National Association of Securities Dealers, Inc. (the "NASD") to participate in the solicitation of purchase orders for shares under a selected dealers' agreement ("Selected Dealers' Agreement"), the form of which is set forth as a Exhibit B to this Agreement. Agent also agrees to provide financial advisory assistance to the Bank and the Company at no charge for a period of one year following the completion of the Offering including general advice on the market for bank stocks and the stock of the Company, shareholder enhancement methods and other related matters. Thereafter, if the parties wish to continue the relationship, a fee will be negotiated and an agreement with respect to specific advisory services will be entered into at that time. The obligations of the Agent pursuant to this Agreement (other than those set forth in Sections 9 and 10 hereof) shall terminate upon the completion or termination or abandonment of the Plan by the Company or upon termination of the Offering, but in no event later than the date (the "End Date") which is 45 days after the Closing Date (as hereinafter defined). All fees or expenses due to the Agent but unpaid will be payable to the Agent in next day funds at the earlier of the Closing Date (as hereinafter defined) or the End Date. In the event the Offering is extended beyond the End Date, the Company, the Bank and the Agent may agree to renew this Agreement under mutually acceptable terms. In the event the Company is unable to sell a minimum of 459,000 _________ Shares within the period herein provided, this Agreement shall terminate and the Company shall refund to any persons who have subscribed for any of the Shares, the full amount which it may have received from them plus accrued interest as set forth in the Prospectus; and none of the parties to this Agreement shall have any obligation to the other parties hereunder, except as set forth in this Section 2 and in Sections 7, 9 and 10 hereof. In the event the Offering is terminated, the Agent shall be paid the fees due to the date of such termination pursuant to subparagraphs (a) and (d) below. If all conditions precedent to the consummation of the Conversion, including, without limitation, the sale of all Shares required by the Plan to be sold, are satisfied, the Company agrees to issue, or have issued, the Shares sold in the Offering and to release for delivery certificates for such Shares on the Closing Date (as hereinafter defined) against payment to the Company by any means authorized by the Plan; provided, however, that no funds shall be released to the Company until the conditions specified in Section 8 hereof shall have been complied with to the reasonable satisfaction of the Agent and their counsel. The release of Shares against payment therefor shall be made on a date and at a place acceptable to the Company, the Bank and the Agent. Certificates for shares shall be delivered directly to the purchasers in accordance with their directions. The date upon which the Company shall release or deliver the Shares sold in the Offering, in accordance with the terms herein, is called the "Closing Date." The Agent shall receive the following compensation for its services hereunder:: 3 Next Page
Appears in 1 contract
Samples: First Pactrust Bancorp Inc
Retention of Agent; Compensation; Sale and Delivery of the Shares. Subject to the terms and conditions herein set forth, the Company and the Bank have retained the Agent to consult with and to advise the Bank and the Company, and to assist the Company, on a best efforts basis, in the distribution of the shares of Common Stock in the Offering. The services that the Agent will provide include, but are not limited to (i) training the employees of the Bank who will perform certain ministerial functions in the Subscription and Community Offering regarding the mechanics and regulatory requirements of the stock offering process, (ii) managing the Stock Information Center by assisting interested stock subscribers and by keeping records of all stock orders and (iii) preparing marketing materials. On the basis of the representations, warranties, and agreements herein contained, but subject to the terms and conditions herein set forth, the Agent accepts such appointment and agrees to consult with and advise the Company and the Bank as to the matters set forth in the letter agreement ("Letter Agreement"), dated March 6November 24, 2000 1999 between the Bank and the Agent (a copy of which is attached hereto as Exhibit A). It is acknowledged by the Company and the Bank that the Agent shall not be required to take or purchase any Shares or be obligated to take any action which is inconsistent with all applicable laws, regulations, decisions or orders. In the event of a Public Syndicated Community Offering, the Agents will assemble and manage a selling group of broker-dealers which are members of the National Association of Securities Dealers, Inc. (the "NASD") to participate in the solicitation of purchase orders for shares under a selected dealers' agreement ("Selected Dealers' Agreement"), the form of which is set forth as a Exhibit B to this Agreement. Agent also agrees to provide financial advisory assistance to the Bank and the Company at no charge for a period of one year following the completion of the Offering including general advice on the market for bank stocks and the stock of the Company, shareholder enhancement methods and other related matters. Thereafter, if the parties wish to continue the relationship, a fee will be negotiated and an agreement with respect to specific advisory services will be entered into at that time. The obligations of the Agent pursuant to this Agreement (other than those set forth in Sections 2(d), 8 and 9 and 10 hereof) shall terminate upon the completion or termination or abandonment of the Plan by the Company or upon termination of the Offering, but in no event later than the date (the "End Date") which is 45 days after the Closing Date (as hereinafter defined). All fees or expenses due to the Agent but unpaid will be payable to the Agent in next day funds at the earlier of the Closing Date (as hereinafter defined) or the End Date. In the event the Offering is extended beyond the End Date, the Company, the Bank and the Agent may agree to renew this Agreement under mutually acceptable terms. In the event the Company is unable to sell a minimum of 459,000 195,500 Shares within the period herein provided, this Agreement shall terminate and the Company shall refund to any persons who have subscribed for any of the Shares, the full amount which it may have received from them plus accrued interest as set forth in the Prospectus; and none of the parties to this Agreement shall have any obligation to the other parties hereunder, except as set forth in this Section 2 and in Sections 76, 8 and 9 and 10 hereof. In the event the Offering is terminated, the Agent shall be paid the fees due to the date of such termination pursuant to subparagraphs (a) and (d) belowreimbursed for its actual accountable out-of-pocket expenses. If all conditions precedent to the consummation of the ConversionOffering, including, without limitation, the sale of all Shares required by the Plan to be sold, are satisfied, the Company agrees to issue, or have issued, the Shares sold in the Offering and to release for delivery certificates for such Shares on the Closing Date (as hereinafter defined) against payment to the Company by any means authorized by the Plan; provided, however, that no funds shall be released to the Company until the conditions specified in Section 8 7 hereof shall have been complied with to the reasonable satisfaction of the Agent and their counsel. The release of Shares against payment therefor shall be made on a date and at a place acceptable to the Company, the Bank and the Agent. Certificates for shares shall be delivered directly to the purchasers in accordance with their directions. The date upon which the Company shall release or deliver the Shares sold in the Offering, in accordance with the terms herein, is called the "Closing Date." The Agent shall receive the following compensation for its services hereunder:
Appears in 1 contract
Retention of Agent; Compensation; Sale and Delivery of the Shares. Subject to the terms and conditions herein set forth, the Company and the Bank have retained the Agent to consult with and to advise the Bank and the Company, and to assist the Company, on a best efforts basis, in the distribution of the shares of Common Stock in the Offering. The services that the Agent will provide include, but are not limited to (i) training the employees of the Bank who will perform certain ministerial functions in the Subscription and Community Offering regarding the mechanics and regulatory requirements of the stock offering process, (ii) managing the Stock Information Center by assisting interested stock subscribers and by keeping records of all stock orders and (iii) preparing marketing materials. On the basis of the representations, warranties, representations and agreements warranties herein contained, but contained and subject to the terms and conditions herein set forth, the Company, the MHC and the Bank hereby appoint FBR as their Agent to consult with and advise the Bank, and to assist the Company with the solicitation of subscriptions and purchase orders for Shares, in connection with the Company's sale of Common Stock in the Subscription and Community Offering. On the basis of the representations and warranties herein contained, and subject to the terms and conditions herein set forth, FBR hereby accepts such appointment and agrees to consult with and advise use its best efforts to assist the Company with the solicitation of subscriptions and the Bank as to the matters set forth purchase orders for Shares in the letter agreement ("Letter accordance with this Agreement"); provided, dated March 6however, 2000 between the Bank and the Agent (a copy of which is attached hereto as Exhibit A). It is acknowledged by the Company and the Bank that the Agent shall not be required to take or purchase any Shares or be obligated to take any action which is inconsistent with all any applicable laws, regulations, decisions or orders. In connection with the event of a Public Subscription and Community Offering, FBR will render the Agents will assemble following services: (i) act as the financial advisor to the Bank; (ii) create marketing materials and manage formulate a selling group of broker-dealers which are members marketing plan; (iii) conduct training for all trustees and employees of the National Association of Securities Dealers, Inc. (the "NASD") to participate Bank in connection with their role in the solicitation stock offering process; (iv) manage the information stock center by staffing it with FBR personnel to assist interested stock subscribers and by keeping records of purchase orders for shares under a selected dealers' agreement all stock orders; and ("Selected Dealers' Agreement")v) provide general advisory services including capital management strategies, the form of which is set forth as a Exhibit B to this Agreement. Agent also agrees to provide financial advisory assistance to the Bank dividend policy and the Company at no charge mergers and acquisitions strategies for a period of one year following the completion of the Offering including general advice on the market for bank stocks and the stock of the Company, shareholder enhancement methods and other related matters. Thereafter, if the parties wish to continue the relationship, a fee will be negotiated and an agreement with respect to specific advisory services will be entered into at that timeOffering. The obligations appointment of the Agent pursuant to this Agreement (other than those set forth in Sections 9 and 10 hereof) hereunder shall terminate upon the completion or termination or abandonment earlier to occur of (a) forty-five (45) days after the last day of the Plan Subscription Offering, unless the Company and the Agent agree in writing to extend such period and the FDIC and the Department agree to extend the period of time in which the Shares may be sold, or (b) the receipt and acceptance of subscriptions and purchase orders for all of the Shares. If any of the Shares remain available after the expiration of the Subscription and Community Offering, at the request of the MHC, the Company and the Bank, the Agent will seek to form a syndicate of registered broker or dealers ("Selected Dealers") to assist in the solicitation of purchase orders of such Securities on a best efforts basis, subject to the terms and conditions set forth in a selected dealers' agreement (the "Selected Dealers' Agreement"), substantially in the form set forth in Exhibit A to this Agreement. FBR will endeavor to limit the aggregate fees to be paid by the MHC, the Company or upon termination and the Bank under any such Selected Dealers' Agreement to an amount competitive with gross underwriting discounts charged at such time for underwritings of comparable amounts of stock sold at a comparable price per share in a similar market environment. The Agent will endeavor to distribute the Shares among the Selected Dealers in a fashion which best meets the distribution objective of the OfferingCompany and the requirements of the Plan, but which may result in limiting the allocation of stock to certain Selected Dealers. It is understood that in no event later than the date (the "End Date") which is 45 days after the Closing Date (as hereinafter defined). All fees or expenses due to shall the Agent but unpaid will be payable obligated to the Agent in next day funds at the earlier of the Closing Date (act as hereinafter defined) a Selected Dealer or the End Date. In the event the Offering is extended beyond the End Date, the Company, the Bank and the Agent may agree to renew this Agreement under mutually acceptable termstake or purchase any Shares. In the event the Company is unable to sell a at least the minimum of 459,000 Shares the Shares, as set forth on the cover page of the Prospectus (or such lesser amount approved by the Department and the FDIC), within the period herein provided, this Agreement shall terminate and the Company shall refund to any persons who have subscribed for any of the Shares, Shares the full amount which it may have received from them plus accrued them, together with interest as set forth provided in the Prospectus; , and none of the parties no party to this Agreement shall have any obligation to the other parties others hereunder, except for the obligations of the MHC, the Company and the Bank as set forth in this Section 2 and Sections 6, 8 and 9 hereof and the obligations of the Agent as provided in Sections 7, 8 and 9 and 10 hereof. In Appropriate arrangements for placing the event funds received from subscriptions for Shares or other offers to purchase Shares in special interest-bearing accounts with the Offering is terminated, the Agent shall be Bank until all Shares are sold and paid the fees due for were made prior to the date commencement of such termination pursuant the Subscription Offering, with provision for refund to subparagraphs (a) and (d) belowthe purchasers as set forth above, or for delivery to the Company if all Shares are sold. If all conditions precedent to at least the consummation total minimum of Shares, as set forth on the cover page of the Conversion, including, without limitation, the sale of all Shares required Prospectus (or such lesser amount approved by the Plan to be soldDepartment and the FDIC), are satisfiedsold, the Company agrees to issue, issue or have issued, issued the Shares sold in the Offering and to release for delivery certificates for such Shares on at the Closing Date (as hereinafter defined) against payment therefor by release of funds from the special interest-bearing accounts referred to above. The closing shall be held at the Company by any means authorized offices of Elias, Matz, Tiernan & Herrick L.L.P., at 10:00 a.m., local time, or at such other xxxxx xnd xxxx xx shall be agreed upon by the Plan; providedparties hereto, howeveron a business day to be agreed upon by the parties hereto. The Company shall notify the Agent by telephone, that no confirmed in writing, when funds shall be released to the Company until the conditions specified in Section 8 hereof shall have been complied with to received for all the reasonable satisfaction of Shares. One or more certificates for Shares shall be delivered in such denomination or denominations and registered in such name or names as FBR requests. Notwithstanding the Agent and their counsel. The release of foregoing, certificates for Shares against payment therefor purchased through Selected Dealers shall be made on a date and at a place acceptable available to the Company, the Bank and the Agent. Certificates Agent for shares shall be delivered directly inspection at least 48 hours prior to the purchasers in accordance with their directionsClosing Date at such office as the Agent shall designate. The date upon which the Company shall release or deliver for delivery all of the Shares sold in the OfferingShares, in accordance with the terms hereinhereof, is herein called the "Closing Date." The Company will pay any stock issue and transfer taxes which may be payable with respect to the sale of the Shares. In addition to reimbursement of the expenses specified in Section 6 hereof, the Agent shall will receive the following compensation for its services hereunder:
Appears in 1 contract
