Common use of Tail Fee Clause in Contracts

Tail Fee. Xxxxxx shall be entitled to compensation under clauses (1) and (2) hereunder, calculated in the manner set forth therein, with respect to any public or private offering or other financing or capital-raising transaction of any kind, other than sales pursuant to that certain At the Market Issuance Sales Agreement with FBR Capital Markets & Co., dated April 15, 2016 (“Tail Financing”) to the extent that such financing or capital is provided to the Company by investors whom Xxxxxx had contacted during the Term, or introduced to the Company during Term, if such Tail Financing is consummated at any time within the 6-month period following the expiration or termination of this Agreement. Upon the Company’s request, Xxxxxx shall promptly provide a list of any such investors.

Tail Fee. Xxxxxx Xxxxxxxxxx shall be entitled to compensation under clauses (1) and (2) hereunder, calculated in the manner set forth therein, with respect to any public or private offering or other financing or capital-raising transaction of any kind, other than sales pursuant to that certain At the Market Issuance Sales Common Stock Purchase Agreement with FBR Aspire Capital Markets & Co.Fund, LLC, dated April 15July 5, 2016 (“Tail Financing”) to the extent that such financing or capital is provided to the Company by investors whom Xxxxxx Xxxxxxxxxx had contacted during the Term, or introduced to the Company during Term, if such Tail Financing is consummated at any time within the 6-month period following the expiration or termination of this Agreement. Upon the Company’s request, Xxxxxx Xxxxxxxxxx shall promptly provide a list to the Company of any such investors.

Tail Fee. Xxxxxx shall be entitled to compensation under clauses (1) and (2) hereunder, calculated in the manner set forth therein, with respect to any public or private offering or other financing or capital-raising transaction of any kind, other than sales pursuant to that certain At the Market Issuance Sales Common Stock Purchase Agreement with FBR Aspire Capital Markets & Co.Fund, LLC, dated April 15July 5, 2016 (“Tail Financing”) to the extent that such financing or capital is provided to the Company by investors whom Xxxxxx had contacted during the Term, or introduced to the Company during Term, if such Tail Financing is consummated at any time within the 6-month period following the expiration or termination of this Agreement. Upon the Company’s request, Xxxxxx shall promptly provide a list of any such investors.