Common use of Tail Fee Clause in Contracts

Tail Fee. The Placement Agent shall be entitled to compensation under Section 3, calculated in the manner set forth herein with respect to any public or private offering or other financing or capital-raising transaction of any kind (“Tail Financing”) to the extent that such Tail Financing is both (i) provided to the Company by investors that were, during the term of this Agreement, contacted by the Placement Agent or contacted by the Placement Agent and took a meeting with the Company and (ii) consummated at any time within the six (6)-month period following the expiration or termination of this Agreement. The only investors to be contacted by A.▇.▇. ▇▇▇▇ be preapproved by the Company in writing and listed on an appendix to this Agreement (the “Investor Appendix”). The issuance of any stock or equity of the Company to its officers, directors, or employees shall not be deemed a Tail Financing. Upon expiration of this Agreement, the Placement Agent shall provide the Company with a list of all investors whose future investments in the Company will be subject the compensation described in this Section 5. Failure by the Placement Agent to provide such list of investors shall not be deemed a waiver of their right to receive compensation pursuant to this Section 5.

Appears in 2 contracts

Sources: Placement Agency Agreement (Processa Pharmaceuticals, Inc.), Placement Agency Agreement (Processa Pharmaceuticals, Inc.)

Tail Fee. The Placement Agent shall be entitled to compensation under Section 3, calculated in the manner set forth herein with respect to any public or private offering or other financing or capital-raising transaction of any kind (“Tail Financing”) to the extent that such Tail Financing is both (i) provided to the Company by investors that were, during the term of this Agreement, contacted brought “over-the-wall” by the Placement Agent or contacted by the Placement Agent and took a meeting with the Company and (ii) consummated at any time within the six (6)-month period following the expiration or termination of this Agreement. The only investors to be contacted by A.▇.▇. ▇▇▇▇ be preapproved by the Company in writing and listed on an appendix to this Agreement (the “Investor Appendix”). The issuance of any stock or equity of the Company to its officers, directors, or employees shall not be deemed a Tail Financing. Upon expiration of this Agreement, the Placement Agent shall provide the Company with a list of all investors whose future investments in the Company will be subject the compensation described in this Section 5. Failure by the Placement Agent to provide such list of investors shall not be deemed a waiver of their right to receive received compensation pursuant to this Section 5.

Appears in 2 contracts

Sources: Placement Agency Agreement (Tenon Medical, Inc.), Placement Agency Agreement (Tenon Medical, Inc.)

Tail Fee. The Placement Agent shall be entitled to compensation under Section 3, calculated in the manner set forth herein with respect to any public or private offering or other financing or capital-raising transaction of any kind (“Tail Financing”) to the extent that such Tail Financing is both (i) provided to the Company by investors that were, during the term of this Agreement, contacted introduced to the Company by the Placement Agent or contacted by for discussions on negotiations regarding the Placement Agent and took a meeting with purchase of the Company Securities and (ii) consummated at any time within the six ten (6)-month 10)-month period following the expiration or termination of this Agreement. The only investors to be contacted by A.▇.▇. ▇▇▇▇ be preapproved by the Company in writing and listed on an appendix to this Agreement (the “Investor Appendix”). The issuance of any stock or equity of the Company to its officers, directors, or employees shall not be deemed a Tail Financing. Upon expiration of this Agreement, the Placement Agent shall provide the Company with a list of all investors whose future investments in the Company will be subject the compensation described in this Section 5. Failure by the Placement Agent to provide such list of investors shall not be deemed a waiver of their right to receive received compensation pursuant to this Section 5.

Appears in 1 contract

Sources: Placement Agency Agreement (Lixte Biotechnology Holdings, Inc.)

Tail Fee. The Placement Agent shall be entitled to compensation under Section 3, calculated in the manner set forth herein with respect to any public or private offering or other financing or capital-raising transaction of any kind (“Tail Financing”) to the extent that such Tail Financing is both (i) provided to the Company by investors that were, during the term of this Agreement, contacted brought “over-the-wall” by the Placement Agent or contacted by the Placement Agent and took a meeting with the Company and (ii) consummated at any time within the six nine (6)-month 9)-month period following the expiration or termination of this Agreement. The only investors to be contacted by A.▇.▇. ▇▇▇▇ be preapproved by the Company in writing and listed on an appendix to this Agreement (the “Investor Appendix”). The issuance of any stock or equity of the Company to its officers, directors, or employees shall not be deemed a Tail Financing. Upon expiration of this Agreement, the Placement Agent shall provide the Company with a list of all investors whose future investments in the Company will be subject the compensation described in this Section 5. Failure by the Placement Agent to provide such list of investors shall not be deemed a waiver of their right to receive received compensation pursuant to this Section 5.

Appears in 1 contract

Sources: Placement Agency Agreement (Tenon Medical, Inc.)

Tail Fee. The Placement Agent shall be entitled to compensation under Section 3, calculated in the manner set forth herein with respect to any public or private offering or other financing or capital-raising transaction of any kind (“Tail Financing”) to the extent that such Tail Financing is both (i) provided to the Company by investors that were, during the term of this Agreement, contacted by the Placement Agent or contacted brought “over-the-wall” by the Placement Agent and took a meeting with introduced to the Company and (ii) consummated at any time within the six twelve (6)-month 12)-month period following the expiration or termination of this Agreement. The only investors to be contacted by A.▇.▇. ▇▇▇▇ be preapproved by the Company in writing and listed on an appendix to this Agreement (the “Investor Appendix”). The issuance of any stock shares or equity of the Company to its officers, directors, or employees shall not be deemed a Tail Financing. Upon expiration of this Agreement, the Placement Agent shall provide the Company with a list of all investors whose future investments in the Company will be subject the compensation described in this Section 5. Failure by the Placement Agent to provide such list of investors shall not be deemed a waiver of their right to receive received compensation pursuant to this Section 5.

Appears in 1 contract

Sources: Placement Agency Agreement (Defi Technologies, Inc.)

Tail Fee. The Placement Agent shall be entitled to compensation under Section 3, calculated in the manner set forth herein with respect to any public or private offering or other financing or capital-raising transaction of any kind (“Tail Financing”) to the extent that such Tail Financing is both (i) provided to the Company by investors that were, during the term of this Agreement, contacted by the Placement Agent or contacted brought “over-the-wall” by the Placement Agent and took a meeting with introduced to the Company and (ii) consummated at any time within the six nine (6)-month 9)-month period following the expiration or termination of this Agreement. The only investors to be contacted by A.▇.▇. ▇▇▇▇ be preapproved by the Company in writing and listed on an appendix to this Agreement (the “Investor Appendix”). The issuance of any stock or equity of the Company to its officers, directors, or employees shall not be deemed a Tail Financing. Upon expiration of this Agreement, the Placement Agent shall provide the Company with a list of all investors whose future investments in the Company will be subject the compensation described in this Section 5. Failure by the Placement Agent to provide such list of investors shall not be deemed a waiver of their right to receive received compensation pursuant to this Section 5.

Appears in 1 contract

Sources: Placement Agency Agreement (Offerpad Solutions Inc.)