Sale Expenses. All Sale Expenses of any Holder incurred in connection with Section 2 and Section 3 shall be borne by the Company. It is acknowledged by the Holders that the Holders shall bear all incremental selling expenses relating to the sale of Registrable Securities, such as underwriters’ or agents’ commissions and discounts, brokerage fees, underwriter marketing costs and, other than as set forth in the definition of “Sale Expenses,” all reasonable fees and expenses of any legal counsel representing the Holders.
Sale Expenses. Company and RCI agree that all sale expenses are to be paid in cash prior to or at Closing.
Sale Expenses. All expenses relating to the Sale shall be defined as the "Expenses of Sale" and unless otherwise agreed shall be paid directly by Merchant. On a weekly basis,
Sale Expenses. PFP shall be responsible for, and shall pay from proceeds in the Sale Account, all “Sale Expenses” incurred in conducting the Sale at the Sale Locations. “Sale Expenses” means all operating expenses of the Sale which arise for the Sale Locations for the Sale Term as follows: Rent. “Rent” shall be calculated on a monthly basis as the lesser of (i) seven (7%) percent of the gross delivered sales (not including sales tax, credit card or finance fees or delivery charges)(the “Percentage Rent”), and (ii) actual rent to be actually paid by Company and received by the landlord for the Sale Locations (the “Actual Rent”). If the Percentage Rent of a month is greater than the actual Rent for that month, the difference between Percentage Rent and Actual Rent for that month shall be held on behalf of the Company to be used in subsequent months of the Sale Term to be used to pay Actual Rent. All Rent payments shall be paid directly to the landlord of each Sale Location. PFP shall also be responsible for, and shall pay from the proceeds in the Sale Account only the following Sale Expenses which arise for the Sale Locations for the Sale Term: (a) liability, casualty and contents insurance premiums; (b) trash removal; (c) utility charges; (d) delivery charges; (e) additional warehouse space for the Sale and shall first lease excess space from Company’s warehouse if available ; (f) bank fees, credit card fees, check verification fees and chargebacks; (g) postage and courier services reasonably necessary; (h) advertising and signage costs, including television, social media, radio, print, direct mail, signs and banners; (i) costs of any Additional Inventory, including inbound and outbound freight, and costs to transfer merchandise (not including Pre-Sale Orders) from the Company’s distribution centers/warehouses to Sale Locations; (j) reasonable lodging expenses for all PFP personnel assigned to the Sale who are required to travel more than 100 miles round trip to perform services; (k) the Company Inventory Payment, PFP Fee, Auction Fee, and Sales Personnel Commission (as defined below) and compensation of all other personnel working at the Sale, including applicable federal, state and local payroll taxes, and workers’ compensation, and PFP’s payroll processing fee, including from a third party provider and without xxxx-up; (l) supplies; (m) PFP’s legal fees and accounting expenses for the Sale, but not related to the negotiation of this Agreement or disputes with Company a...
Sale Expenses. Subject to the limitations set forth in Section 2(b)(ii), all Sale Expenses of any Holder or Company Stockholder incurred in connection with Section 2 and Section 3 shall be borne by Parent.
Sale Expenses. Except as otherwise provided in this Agreement, all Sale Expenses of any Holder incurred in connection with Section 2 and Section 3 shall be borne by the Company.
Sale Expenses. You agree to pay the following “sale expenses” with your prior written consent in each instance:
Sale Expenses. Agent shall be responsible for the payment or reimbursement of all Sale Expenses incurred in conducting the Sale. As used herein, "Sale Expenses" shall mean Store-level operating expenses of the Sale which arise during the Sale Term at the Stores, limited to the following: (a) base payroll for Retained Employees for actual days/hours worked in the conduct of the Sale; (b) amounts actually payable in respect of payroll taxes, FICA, unemployment taxes, health care insurance benefits, worker's compensation and benefits of Retained Employees (other than Excluded Benefits), with such amounts being limited to no more than 14% of base payroll for each Retained Employee; (c) 50% of the fees and costs of the inventory taking service to conduct the Inventory Taking; (d) on-site supervision including Agent's Sale supervisors' fees, bonuses and travel expenses; (e) advertising and signage (at Merchant's contract rates, if available); (f) telephone charges incurred in the conduct of the Sale; (g) credit card and bank card fees, chargebacks and discounts; (h) costs of outside security personnel and armored car service; (i) Retention Bonuses as described in Section 9.4 below; (j) check verification fees and bad check charges if Agent elects to accept checks during the Sale; (k) Agent's actual cost of capital, (1) costs of transfers of Merchandise during the Sale Term, including, without limitation costs of transfer of Return Goods in connection with Agent's exercise of its rights under section 5.5 hereof; (m) Occupancy Expenses, on a per diem, per Store basis, limited to the amounts set forth on Exhibit 4.1 hereto; (n) Agent's travel expenses; and (o) the actual costs and expenses of providing such additional services which Agent in its reasonable discretion deems appropriate.
Sale Expenses. To the extent incurred by Executive and upon submission of appropriate receipts and other satisfactory documentation, MX will reimburse Executive for the following expenses reasonably and necessarily incurred by Executive in connection with the sale of his Ridgefield home:
(i) Property transfer fees/taxes;
(ii) Reasonable attorneys’ fees (if any);
(iii) Recording fees;
(iv) Inspection fees, if required; and
(v) Other reasonable and customary closing costs paid for by a seller of a residence.
