Common use of Tail Fee Clause in Contracts

Tail Fee. In accordance with FINRA Rules 5110(g)(5)(B)(i)-(ii) and FINRA Rule 2010, if the Offering is not consummated prior to the expiration of the Engagement Letter, other than for cause due to the Representative’s material failure to provide the underwriting services contemplated by the Engagement Letter, the Representative shall be entitled to the underwriting fees set forth herein with respect to any financing of equity, equity-linked, convertible or debt or other capital raising activity of the Company (other than the exercise by any person or entity of any options, warrants or other convertible securities), within twelve (12) months following the expiration or termination of the Engagement Letter with respect to any investors identified, referred or otherwise introduced by the Representative during the Engagement Period (the “Introduced Parties”), provided that the Representative shall provide a list of the Introduced Parties no later than three (3) Business Days after the term of the Engagement Letter, subject to the Company’s confirmation. “Engagement Period” refers to the period starting from the date of the Engagement Letter and ending on November 30, 2024; however, in the event that the Effective Date is later than November 30, 2024, the Engagement Period shall be extended automatically until the date that is sixty (60) days from the Effective Date.

Appears in 4 contracts

Sources: Underwriting Agreement (UY Scuti Acquisition Corp.), Underwriting Agreement (UY Scuti Acquisition Corp.), Underwriting Agreement (UY Scuti Acquisition Corp.)

Tail Fee. In accordance with FINRA Rules 5110(g)(5)(B)(i)-(ii) and FINRA Rule 2010, if the Offering is not consummated prior to the expiration of the Engagement Letter, other than for cause due to the Representative’s material failure to provide the underwriting services contemplated by the Engagement Letter, the Representative shall be entitled to the underwriting fees set forth herein with respect to any financing of equity, equity-linked, convertible or debt or other capital raising activity of the Company (other than the exercise by any person or entity of any options, warrants or other convertible securities), within twelve (12) months following the expiration or termination of the Engagement Letter with respect to any investors identified, referred or otherwise introduced by the Representative during the Engagement Period (the “Introduced Parties”), provided that the Representative shall provide a list of the Introduced Parties no later than three (3) Business Days after the term of the Engagement Letter, subject to the Company’s confirmation. “Engagement Period” refers to the period starting from the date of the Engagement Letter and ending on November 30July 2, 20242025; however, in the event that the Effective Date is later than November 30July 2, 20242025, the Engagement Period shall be extended automatically until the date that is sixty (60) days from the Effective Date.

Appears in 2 contracts

Sources: Underwriting Agreement (Horizon Space Acquisition II Corp.), Underwriting Agreement (Horizon Space Acquisition II Corp.)