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Solicitation Fees Sample Clauses

Solicitation FeesThe Company hereby engages the Underwriter, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist the Underwriter with respect to such solicitation, if requested by the Underwriter and will (ii) provide the Underwriter, and direct the Company's transfer and warrant agent to provide to the Underwriter, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. Commencing one year from the Effective Date, the Company will pay to the Underwriter a commission of five percent of the Warrant exercise price for each Warrant exercised, payable on the date of such exercise, on the terms provided for in the Warrant Agreement, if allowed under the rules and regulations of the NASD and only if the Underwriter has provided bona fide securities to the Company in connection with the exercise of Warrants. In addition to soliciting either orally or in writing, the exercise of Warrants, such services may also include disseminating information, either orally or in writing to Warrant holders about the Company or the market for the Company's securities, and the assisting in the processing of Warrants. The Underwriter may engage sub-agents in its solicitation efforts. The Company will disclose the arrangement to pay such solicitation fees to the Underwriter in any prospectus used by the Company in connection with the registration of the shares of Common Stock underlying the Warrants.
Solicitation Fees. There are no solicitation fees, brokerage commissions, finder’s fees or other similar fees or commissions payable in connection with the transaction with the Holder contemplated by this Agreement based on any agreement, arrangement or understanding with Company or any action taken by Company.
Solicitation FeesThe Offeror will pay a solicitation fee of U.S.$0.1358 per GTU Unit if:
Solicitation Fees. (a) The Fund agrees to pay the Distributor a solicitation fee equal to 1.00% of the gross sales price per Combination (the “Solicitation Fee”) for each Combination sold under this Distribution Agreement as determined by further agreement between the Distributor and the Fund from time to time with respect to particular sales. (b) The proceeds remaining after deduction of the Solicitation Fee and further deduction for any transaction fees imposed by any governmental or self-regulatory organization in respect to such sale shall constitute the net proceeds to the Fund for such Shares (the “Net Proceeds”). (c) In full payment for the soliciting efforts to be rendered, the Distributor agrees to reallow the entire Solicitation Fee to Soliciting Dealers (the “Commission”), where such Soliciting Dealer is so designated on the subscription form. The Distributor has the same rights as the other Soliciting Dealers with respect to Commissions. The Distributor agrees to pay the Commissions to the broker-dealer designated on the applicable portion of the subscription form. (d) Payment to the Distributor by the Fund will be in the form of a wire transfer of same day funds from the Fund or the Escrow Agent to an account or accounts identified by the Distributor. Such payment will be made on the date on which the Fund issues the Shares after the Expiration Date. Payment to a Soliciting Dealer will be made by the Distributor to such Soliciting Dealer by check or wire transfer to an address or account identified by such broker-dealer. Such payments shall be made on or before the tenth business day following the day the Fund issues the Shares after the Expiration Date. (e) Notwithstanding the foregoing, no Solicitation Fees, payments or amounts whatsoever will be paid to the Distributor under this Section 2 unless or until subscriptions for the purchase of Shares have been accepted by the Fund and the gross proceeds of the Shares sold are received by the Fund.
Solicitation FeesThe Offeror will pay a solicitation fee of U.S.$0.0448 per SBT Unit if:
Solicitation Fees. (a) The Company (i) represents and warrants that it has not paid or given any commission or other remuneration directly or indirectly for soliciting the Debt Exchange and (ii) hereby agrees to indemnify and hold harmless the Exchanger of and from any liability arising from any payment or other remuneration given directly or indirectly for soliciting the Debt Exchange (and the costs and expenses of defending against such liability or asserted liability) for which the Company, or any of its employees or representatives, are responsible. (b) Exchanger (i) represents and warrants that Exchanger retained no finder or broker in connection with the transactions contemplated by this Agreement (ii) represents and warrants that Exchanger has not paid or given any commission or other remuneration directly or indirectly for soliciting the Debt Exchange and (iii) hereby agrees to indemnify and to hold harmless the Company and all other Exchangers of and from any liability arising from any payment or other remuneration given directly or indirectly for soliciting the Debt Exchange (and the costs and expenses of defending against such liability or asserted liability) for which Exchanger, or any of Exchanger's employees or representatives, are responsible.
Solicitation Fees. In consideration of the performance of Alliance Partner's obligations under this Agreement, Exodus will pay to Alliance Partner an amount equal to ten percent (10%) of all Exodus Services fees received by Exodus from a Qualified Exodus Customer (as defined below) during the period commencing on the date Exodus first begins providing Exodus Services to a Qualified Exodus Customer and ending on the first (1 st ) anniversary of such date. For purposes of this Agreement, the term "Qualified Exodus Customer" shall mean an Exodus customer (i) who became an Exodus customer as a direct result of Alliance Partner's solicitation of customer on behalf of Exodus, as determined in good faith by Exodus and (ii) has agreed to purchase Exodus Services for a period of not less than one (1) year. Exodus will tender any payments owed Alliance Partner pursuant to this Agreement not later than sixty (60) days after the end of each calendar quarter for applicable Exodus Services fees received from a Qualified Exodus Customer during the quarter. Exodus may offset any monies owed Exodus by Alliance Partner with any solicitation fees Exodus owes Alliance Partner.
Solicitation Fees. Meyers hereby waives and releases the Company from its obligxxxxx under the Underwriting Agreement, dated October 28, 1994 between Thomas James Associates, Inc. and the Company, to pay Meyers x xxxxxxxxxn of 7% of the aggregate exercise for each Xxxxxnt solicited by a member of the National Association of Securities Dealers.
Solicitation Fees. In addition to the Dealer Manager Fee, the Corporation shall also pay the Dealer Manager a solicitation fee equal to: (a) 0.4% of the proceeds received by the Corporation from the exercise of Rights up to $75,000,000, plus (b) 0.55% of the proceeds received by the Corporation from the exercise of Rights in excess of $75,000,000. For greater certainty, no solicitation fee will be paid for Offered Shares subscribed for by, (i) Crest, Xxxxxxx & Co. Inc. or any of the directors or officers of the Corporation or (ii) Excluded Holders. In addition, no solicitation fee will be paid if the Rights Offering is withdrawn or terminated prior to the Expiration Time and no Offered Shares are subscribed for and acquired thereunder. The fees due under this Section 4 shall be paid as soon as practicable after Offered Shares are subscribed for, acquired and paid for pursuant to the Rights Offering, and in any event not later than 30 days after the earliest payment date under the Rights Offering in respect of such Offered Shares.

Related to Solicitation Fees

  • Termination Fees (a) Section 9.2(b) of the Agreement is hereby amended to read in its entirety as follows: " (b) If this Agreement is terminated: (i) by the Acquiror pursuant to clause (i) of Subsection 9.1(i) hereof (except if circumstances exist that would allow the Company to terminate this Agreement pursuant to Subsection 9.1(c) hereof as a result of a Material Adverse Effect on the Acquiror); (ii) by the Acquiror pursuant to Subsection 9.1(i) hereof under any circumstances other than those described in clause (i) of this Subsection 9.2(b); (iii) by Acquiror or Company pursuant to Subsection 9.1(f) hereof because of the failure to obtain the required approval from the Company stockholders and at the time of such termination or prior to the Company Stockholders' Meeting there shall have been an Acquisition Proposal (whether or not such offer, proposal, announcement or agreement shall have been rejected or shall have been withdrawn prior to the time of such termination or of the Company Stockholders' Meeting); or (iv) by Acquiror as a result of Company's material breach of Section 7.3 or Subsection 7.1(a) hereof, the Company shall promptly pay to Acquiror or the Company by wire transfer of same day funds not later than two Business Days after the date of such termination a termination fee of $4,528,000 (the "Termination Fee"), provided, however, that if this Agreement is terminated by Acquiror or the Company pursuant to Subsection 9.1(f) hereof under the circumstances described in Subsection 9.2(b)(iii) hereof, and at the time of such termination the stockholders of the Acquiror shall have failed to approve the issuance of Acquiror Common Stock pursuant to this Agreement, the Acquiror shall not be entitled to the Termination Fee."

  • Origination Fees As compensation for the investigation, selection, sourcing and acquisition or origination of Loans, the Company shall pay an Origination Fee to the Advisor for each such acquisition or origination. With respect to the acquisition or origination of a Loan to be wholly owned by the Company, the Origination Fee payable to the Advisor shall equal 1% of the amount funded by the Company to acquire or originate the Loan, including any Acquisition Expenses related to such investment and any debt used to fund the acquisition or origination of the Loan. With respect to the acquisition of a Loan through any Joint Venture or any partnership in which the Company is, directly or indirectly, a co-venturer or partner, the Origination Fee payable to the Advisor shall equal 1% of the portion of the amount actually paid or allocated to acquire or originate the Loan, inclusive of the Acquisition Expenses associated with such Loan, plus the amount of any outstanding debt associated with such Loan that is attributable to the Company’s investment in the Joint Venture or partnership. The Company will not pay an Origination Fee to the Advisor with respect to any transaction pursuant to which the Company is required to pay the Advisor an Acquisition Fee. Notwithstanding anything herein to the contrary, the payment of Origination Fees by the Company shall be subject to the limitations on Acquisition Fees contained in (and defined in) the Company’s Articles of Incorporation. The Advisor shall submit an invoice to the Company following the closing or closings of each Loan, accompanied by a computation of the Origination Fee. The Origination Fee payable to the Advisor shall be paid at the closing of the transaction upon receipt of the invoice by the Company.

  • Collection Fees If this note is placed with a legal representative for collection, then Borrower agrees to pay an attorney's fee of fifteen percent (15%) of the voluntary balance. This fee will be added to the unpaid balance of the loan.

  • Tuition Fees The Employer agrees to pay tuition fees for continuing education courses as follows: a) Employer initiated – 100% of course fees upon successful completion of course. b) Employee initiated – 50% of course fees upon successful completion. Courses must be employment-related and approved, in writing, by the Employer in advance.

  • Acquisition Fees As compensation for the investigation, selection, sourcing and acquisition or origination (by purchase, investment or exchange) of Properties, Loans and other Permitted Investments, the Company shall pay an Acquisition Fee to the Advisor for each such investment (whether an acquisition or origination). With respect to the acquisition or origination of a Property, Loan or other Permitted Investment to be wholly owned, directly or indirectly, by the Company, the Acquisition Fee payable to the Advisor shall equal 1.0% of the sum of the amount actually paid or allocated to fund the acquisition, origination, development, construction or improvement of the Property, Loan or other Permitted Investment, inclusive of the Acquisition Expenses associated with such Property, Loan or other Permitted Investment and the amount of any debt associated with, or used to fund the investment in, such Property, Loan or other Permitted Investment. With respect to the acquisition or origination of a Property, Loan or other Permitted Investment through any Joint Venture or any partnership in which the Company or the Partnership is, directly or indirectly, a partner, the Acquisition Fee payable to the Advisor shall equal 1.0% of the portion of the amount actually paid or allocated to fund the acquisition, origination, development, construction or improvement of the Property, Loan or other Permitted Investment, inclusive of the Acquisition Expenses associated with such Property, Loan or other Permitted Investment, plus the amount of any debt associated with, or used to fund the investment in, such Property, Loan or other Permitted Investment that is attributable to the Company’s investment in such Joint Venture or partnership. Notwithstanding anything herein to the contrary, the payment of Acquisition Fees by the Company shall be subject to the limitations on Acquisition Fees contained in (and defined in) the Company’s Charter. The Advisor shall submit an invoice to the Company following the closing or closings of each acquisition or origination, accompanied by a computation of the Acquisition Fee. Generally, the Acquisition Fee payable to the Advisor shall be paid at the closing of the transaction upon receipt of the invoice by the Company. However, the Acquisition Fee may or may not be taken, in whole or in part, as to any year in the sole discretion of the Advisor. All or any portion of the Acquisition Fees not taken as to any fiscal year shall be deferred without interest and may be paid in such other fiscal year as the Advisor shall determine.

  • Utilization Fees For any day on which the aggregate amount of Loans then outstanding exceeds fifty percent (50%) of the Commitments then in effect, or if any Loans remain outstanding after the Commitments have been terminated, then Borrower shall pay to the Administrative Agent for the ratable account of the Lenders in accordance with their Percentages a utilization fee accruing at a rate per annum equal to the Utilization Fee Rate on the aggregate amount of Loans outstanding on such date. Such utilization fee is payable in arrears on the last Business Day of each calendar quarter and on the Termination Date, and if the Commitments are terminated in whole prior to the Termination Date, the fee for the period to but not including the date of such termination shall be paid in whole on the date of such termination.

  • Transaction Fees The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida.

  • Participation Fees Vendor or vendor assigned dealer Agreements to pay the participation fee for all Agreement sales to TIPS on a monthly scheduled report. Vendor must login to the TIPS database and use the “Submission Report” section to report sales. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement. Failure to pay the participation fee will result in termination of Agreement. Please contact TIPS at tips@tips- xxx.xxx or call (000) 000-0000 if you have questions about paying fees.

  • Expenses; Termination Fees (a) Except as set forth in this Section 9.2, all fees and expenses incurred in connection with this Agreement and the Transactions shall be paid by the party incurring such fees and expenses, whether or not the Merger is consummated. (b) If this Agreement is terminated by Parent pursuant to Section 9.1(b), then the Company shall pay to Parent the Expense Payment; (i) provided, however, if the only if as of the End Date all of the conditions to the Closing in ARTICLE 7 have been satisfied or waived except those set forth in Sections 7.7 or 7.16, the Company shall not be required to pay to Parent the Expense Payment; (ii) provided, further, however, if (i) as of the End Date all of the conditions to the Closing in ARTICLE 7 have been satisfied or waived except there is a Legal Proceeding described in clause (b) of Section 7.8 pending or threatened (or any other conditions of ARTICLE 7 have not been satisfied solely as a result of such Legal Proceeding and would be immediately satisfied if such Legal Proceeding did not exist, was settled or otherwise dismissed), (ii) the claim(s) with respect to such Legal Proceeding has been timely and duly reported to the carrier for the Company’s directors and officers and/or errors and omissions insurance and (iii) Parent terminates this Agreement, the Company shall not pay to Parent the Expense Payment and Parent shall pay to the Company $400,000. (c) If (i) this Agreement is terminated by Parent or the Company pursuant to Section 9.1(b) or Section 9.1(d), (ii) at or prior to the time of the termination of this Agreement an Acquisition Proposal shall have been disclosed, announced, commenced, submitted or made, and (iii) on or prior to 12 months after the date of such termination, either an Acquisition Transaction is consummated or a definitive agreement relating to an Acquisition Transaction is entered into, then the Company shall pay to Parent the Expense Payment and a non-refundable fee in the amount of $600,000 (the “Fee”) in cash on or prior to the earlier of the date of consummation of such Acquisition Transaction or the date of execution of such definitive agreement; provided, however, that, solely for purposes of this Section 9.3(b), all references to “15%” in the definition of “Acquisition Transaction” shall be deemed to refer instead to “50%.” (d) If this Agreement is terminated by Parent pursuant to Section 9.1(e), or if this Agreement is terminated by Parent or the Company pursuant to any other provision of Section 9.1 at any time after the occurrence of a Triggering Event, then the Company shall pay to Parent the Fee and the Expense Payment in cash. (e) If this Agreement is terminated by Parent pursuant to Section 9.1(f), then the Company shall pay to Parent the Expense Payment. (f) Unless otherwise provided in this Section 9.3, any fee required to be paid pursuant to this Section 9.3 shall be paid and made within two business days after such termination. (g) Each party acknowledges and agrees that the covenants and obligations contained in this Section 9.3 are an integral part of the Transactions, and that, without these covenants and obligations, such party would not have entered into this Agreement. (h) If either party fails to pay when due any amount payable under this Section 9.3, then: (i) such party shall reimburse the other party for all costs and expenses (including fees and disbursements of counsel) incurred in connection with the collection of such overdue amount and the enforcement by the other party of its rights under this Section 9.3; and (ii) the first party shall pay to the other party interest on such overdue amount (for the period commencing as of the date such overdue amount was originally required to be paid and ending on the date such overdue amount is actually paid to the other party in full) at a rate per annum 500 basis points over the “prime rate” (as announced by Bank of America, N.A. or any successor thereto) in effect on the date such overdue amount was originally required to be paid.

  • Subscription Fees The Subscription Fee for Smart Price Optimization and Management will remain fixed during the Subscription Term unless you: (i) exceed your in-Scope Revenue Under Management, (ii) give written notice for additional quantities of a Standard Sandbox, Performance Sandbox and/or Monthly Price Evaluations, (iii) upgrade to a higher Edition package, (iv) subscribe to additional features or products, or (v) unless otherwise agreed to in the Order. Once increased as detailed above, your Subscription Fee will not decrease, even if there is a subsequent reduction in the actual Scope. You can learn more about how your fees may be otherwise adjusted in the 'Fees Adjustments' section below.