Selling Agent Compensation Sample Clauses
The Selling Agent Compensation clause defines how and when the agent representing the seller will be paid for their services in a real estate transaction. Typically, this clause outlines the percentage or amount of commission the selling agent will receive, and may specify whether the compensation comes from the seller, the buyer, or is split with other agents involved. Its core practical function is to ensure transparency and agreement regarding agent payment, thereby preventing disputes and clarifying financial responsibilities in the transaction.
Selling Agent Compensation. (i) Subject to the volume discounts and other special circumstances described in or otherwise provided in the “Plan of Distribution” section of the Prospectus or this Section 3(e), the Company agrees to pay the Selling Agent selling commissions in the amount of three percent (3.0%) of the selling price of each Share for which a sale is completed from the Shares offered in the Primary Offering. The Company will not pay selling commissions for sales of Shares pursuant to the DRIP, and the Company will pay reduced selling commissions or may eliminate commissions on certain sales of Shares, including the reduction or elimination of selling commissions in accordance with, and on the terms set forth in, the Prospectus. The Selling Agent may re-allow up to all of the selling commissions, subject to federal and state securities laws, to the Participating Broker-Dealer who sold the Shares.
(ii) All sales commissions payable to the Selling Agent will be paid within ten (10) business days after the investor subscribing for the Share is admitted as a stockholder of the Company, in an amount equal to the sales commissions payable with respect to such Shares. The Selling Agent acknowledges that no commissions, payments or other amounts will be paid to the Selling Agent unless and until the gross proceeds of the Shares sold are disbursed to the Company in accordance with the terms of the Escrow Agreement. SJ Securities, LLC , 2012
(iii) In no event shall the total aggregate compensation payable to the Selling Agent and any Participating Broker-Dealers participating in the Offering, including, but not limited to, selling commissions exceed ten percent (10.0%) of gross offering proceeds from the Primary Offering in the aggregate. The Selling Agent shall repay to the Company any excess amounts received over FINRA’s 10% cap if the Offering is abruptly terminated after receiving the minimum amount offered by the Company pursuant to the Prospectus and before reaching the maximum amount offered by the Company pursuant to the Prospectus.
(iv) Notwithstanding anything to the contrary contained herein, if the Company pays any selling commission to the Selling Agent for sale by the Selling Agent or a Participating Broker-Dealer of one or more Shares and the subscription is rescinded as to one or more of the Shares covered by such subscription, then the Company shall decrease the next payment of selling commissions or other compensation otherwise payable to the Selling Agent by the ...
Selling Agent Compensation. Each indemnified party shall give prompt written notice to each indemnifying party of any action, proceeding, claim (whether commenced or threatened), or suit instituted against it in respect of which indemnity may be sought hereunder, but failure to so notify an indemnifying party shall not relieve it from any liability which it may have on account of this Section 8 or otherwise. An indemnifying party may participate at its own expense in the defense of such action. In addition, if it so elects within a reasonable time after receipt of such notice, an indemnifying party, jointly with any other indemnifying parties receiving such notice, may assume defense of such action with counsel chosen by it and approved by the indemnified parties that are defendants in such action, unless such indemnified parties reasonably object to such assumption on the ground that there may be legal defenses available to them that are different from or in addition to those available to such indemnifying party. If an indemnifying party assumes the defense of such action, the indemnifying parties shall not be liable for any fees and expenses of counsel for the indemnified parties incurred thereafter in connection with such action, proceeding or claim, other than reasonable costs of investigation. In no event shall the indemnifying parties be liable for the fees and expenses of more than one separate firm of attorneys (and any special counsel that said firm may retain) for each indemnified party in connection with any one action, proceeding or claim or separate but similar or related actions, proceedings or claims in the same jurisdiction arising out of the same general allegations or circumstances.
Selling Agent Compensation. The Company intends to engage registered broker-dealers to serve as selling agents (the “Selling Agents”) for the sale of the Common Shares and pay commissions and other compensation to the Selling Agents who procure purchasers of the Common Shares. We will pay and issue to each Selling Agent a warrant (the “Agent Warrants”) to purchase such number of Common Shares as equals 10% of the total number of Common Shares actually sold in the Offering to Subscribers procured by each Selling Agent. Agent Warrants shall be exercisable at the per share price of $0.07 for a period of five years from the date of issuance.
Selling Agent Compensation. The Investor acknowledges and is fully aware that the Company may engage Selling Agents to place the Ember Warrants and if Selling Agents are engaged, that the Company may pay to Selling Agents at each Closing compensation consisting of (i) cash commissions of up to five (5%) percent of the gross proceeds from the sale of Ember Warrants; and (ii) warrants to purchase that number of Ember Warrants as shall equal up to ten (10%) percent of the Ember Warrants sold in the Offering by such Selling Agents.
Selling Agent Compensation. The Company shall pay to the Agent and any other agents acting as agent for the Company in connection with the Offering a cash selling agent compensation fee in an amount equal to eight percent (8%) of the aggregate gross proceeds of the Offering received by the Company (the “Selling Agent Commissions”). The Selling Agent Commissions shall be paid directly from the proceeds of the Offering.
Selling Agent Compensation. The Company intends to engage registered broker-dealers to serve as selling agents (the “Selling Agents”), for the sale of the Units and pay commissions and other compensation to the Selling Agents who procure purchasers of the Units. We will pay and issue to each Selling Agent (i) a fee of 10% of the gross proceeds of the sale of the Units to Purchasers procured by such Selling Agent; (ii) a non-accountable expense allowance equal to 3% of the gross proceeds of the sale of Units to such Purchasers; and (iii) a warrant (the “Agent Warrants”) to purchase such number of Shares and Warrants as equals 20% of the total number of Units sold in the Offering to Purchasers procured by each Selling Agent. Each Selling Agent shall also receive a warrant solicitation fee of 10% of the cash proceeds from the exercise of the Warrants by those purchasers procured by such Selling Agent in this Offering that exercised such Warrants and for whom such Selling Agent was properly designated as the soliciting broker. Agent Warrants shall be exercisable at the per share Purchase Price for a period of five years from the date of issuance. Each Selling Agent has also been granted the right, on a pro-rata basis, of first refusal for a period of 24 months from the final Closing Date to serve as the Company’s agent on any subsequent financing transaction, including public or private offerings of equity or debt securities, excluding commercial bank financing arrangements and grants from federal, state or local government entities.
Selling Agent Compensation. The Investor understands that Selling Agents, if any, used by the Company in connection with this Offering will receive the compensation set forth in the Memorandum for Units place by such Selling Agents.
Selling Agent Compensation