Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x exclusive engagement will begin on the date hereof and end 30 days after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions and (ii) the Company will not pursue any financing transaction which would be in lieu of an Offering. Furthermore, the Company agrees that during Xxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentence) will be referred to Xxxxxx and will be deemed to have been contacted by Xxxxxx in connection with an Offering.
Appears in 2 contracts
Samples: Exclusive Agency Agreement (Cancer Genetics, Inc), Exclusive Agency Agreement (Cancer Genetics, Inc)
Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x exclusive engagement will begin on the date hereof and end 30 days after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions and (ii) the Company will not pursue any financing transaction which would be in lieu of an a Offering. Furthermore, the Company agrees that during Xxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentence) will be referred to Xxxxxx and will be deemed to have been contacted by Xxxxxx in connection with an Offering. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder’s fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.
Appears in 2 contracts
Samples: Exclusive Agency Agreement (Cytrx Corp), Exclusive Agency Agreement (Cytrx Corp)
Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x exclusive engagement will begin on the date hereof and end 30 45 days after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but Securities, provided that this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions transaction and (ii) the Company will not pursue any financing transaction which would be in lieu of an Offering. Furthermore, the Company agrees that during Xxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentenceclause) will be referred to Xxxxxx and will be deemed to have been contacted by Xxxxxx in connection with an Offering. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder’s fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.
Appears in 2 contracts
Samples: Exclusive Agency Agreement (Evoke Pharma Inc), Exclusive Agency Agreement (Evoke Pharma Inc)
Term and Termination of Engagement; Exclusivity. This Agreement and The term of Xxxxxx’x Rxxxxx’x exclusive engagement will begin on the date hereof and end 30 20 days after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x Rxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with XxxxxxRxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but with respect to the Offering, provided that this clause (i) shall not prohibit be construed to limit in any manner the Company from engaging selling or issuance securities to employees, directors or consultants in discussions with respect the ordinary course of business or pursuant to potential mergers and acquisitions or any strategic transactions agreements currently in place prior to this engagement, and (ii) the Company will not pursue any financing transaction which would be in lieu of an a Offering. Furthermore, the Company agrees that during Xxxxxx’x Rxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentence) will be referred to Xxxxxx and will be deemed to have been contacted by Xxxxxx in connection with an OfferingRxxxxx.
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Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x exclusive engagement will begin on the date hereof and end 30 days 6 months after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions and (ii) the Company will not pursue any financing transaction which would be in lieu of an Offering. Furthermore, the Company agrees that during Xxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentence) will be referred to Xxxxxx and will be deemed to have been contacted by Xxxxxx in connection with an Offering. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder’s fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.
Appears in 1 contract
Samples: Exclusive Agency Agreement (Innovus Pharmaceuticals, Inc.)
Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x Xxxxxx'x exclusive engagement will begin on the date hereof and end 30 fifteen (15) days after the date hereof thereafter (the “"Term”"). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, right of first refusal, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x Xxxxxx'x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions and (ii) the Company will not pursue any financing transaction which would be in lieu of an a Offering. Furthermore, the Company agrees that during Xxxxxx’x Xxxxxx'x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentence) will be referred to Xxxxxx and will be deemed to have been contacted by Xxxxxx in connection with an Offering. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder's fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.
Appears in 1 contract
Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x Rxxxxx’x exclusive engagement will begin on the date hereof and end 30 days after the date hereof one month thereafter (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, right of first refusal, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x Rxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with XxxxxxRxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions and (ii) the Company will not pursue any financing transaction which would be in lieu of an a Offering. Furthermore, the Company agrees that during Xxxxxx’x Rxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentence) will be referred to Xxxxxx Rxxxxx and will be deemed to have been contacted by Xxxxxx Rxxxxx in connection with an Offering. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder’s fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.
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Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x Wxxxxxxxxx’x exclusive engagement will begin on the date hereof and end 30 45 days after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, right of first refusal, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x Wxxxxxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with XxxxxxWxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions and (ii) the Company will not pursue any financing transaction which would be in lieu of an a Offering. Furthermore, the Company agrees that during Xxxxxx’x Wxxxxxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentence) will be referred to Xxxxxx Wxxxxxxxxx and will be deemed to have been contacted by Xxxxxx Wxxxxxxxxx in connection with an Offering. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder’s fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.
Appears in 1 contract
Samples: Exclusive Agency Agreement (Ohr Pharmaceutical Inc)
Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x Rxxxxx’x exclusive engagement will begin on the date hereof and end 30 days two months after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x Rxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with XxxxxxRxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions and (ii) the Company will not pursue any financing transaction which would be in lieu of an Offering. Furthermore, the Company agrees that during Xxxxxx’x Rxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentence) will be referred to Xxxxxx Rxxxxx and will be deemed to have been contacted by Xxxxxx Rxxxxx in connection with an Offering. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder’s fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.
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Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x Xxxxxxxxxx’x exclusive engagement will begin on the date hereof and end 30 10 days after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x Xxxxxxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with XxxxxxXxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions and (ii) the Company will not pursue any financing transaction which would be in lieu of an Offering. Furthermore, the Company agrees that during Xxxxxx’x Xxxxxxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentence) will be referred to Xxxxxx Xxxxxxxxxx and will be deemed to have been contacted by Xxxxxx Xxxxxxxxxx in connection with an Offering. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder’s fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.
Appears in 1 contract
Samples: Exclusive Agency Agreement (Bellerophon Therapeutics, Inc.)
Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x exclusive engagement will begin on the date hereof and end 30 45 days after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions and (ii) the Company will not pursue any financing transaction which would be in lieu of an a Offering. Furthermore, the Company agrees that during Xxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentence) will be referred to Xxxxxx and will be deemed to have been contacted by Xxxxxx in connection with an Offering. During the Term and during any 3-month period following the consummation of any Offering, the Company shall not draw down on its existing Equity Distribution Agreements with Chardan Capital Markets, LLC and Maxim Group LLC.
Appears in 1 contract
Samples: Exclusive Agency Agreement (Hemispherx Biopharma Inc)
Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x exclusive engagement will begin on the date hereof and end 30 days after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but Securities; provided that this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions transaction and (ii) the Company will not pursue any financing transaction which would be in lieu of an Offering. Furthermore, the Company agrees that during Xxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentenceclause) will be referred to Xxxxxx and will be deemed to have been contacted by Xxxxxx in connection with an Offering. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder’s fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.
Appears in 1 contract
Samples: Exclusive Agency Agreement (Apricus Biosciences, Inc.)