Common use of Term; Exclusivity Clause in Contracts

Term; Exclusivity. This exclusive engagement will commence on the date hereof and terminate five business days following the date on which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 12 months after the date hereof. During Broker’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Broker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during Broker’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to Broker and will be deemed to have been contacted by Broker in connection with a Transaction, except with the Excluded Persons as defined in Paragraph 7 below. Upon termination of this Agreement the Company shall pay to Broker all fees earned and reimburse Broker for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay Broker any fees specified in Paragraph 7 during the time limitations specified herein. The Company agrees that this section 3 and 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 letter agreement. Chardan Capital Markets, LLC 00 Xxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxx, XX 00000

Appears in 2 contracts

Samples: Personal and Confidential (Genius Brands International, Inc.), Personal and Confidential (Genius Brands International, Inc.)

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Term; Exclusivity. This exclusive engagement will commence on the date hereof and terminate five business days following the date on which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 12 months after the date hereof. During Broker’s 's engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Broker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during Broker’s 's engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to Broker and will be deemed to have been contacted by Broker in connection with a Transaction, except with the Excluded Persons as defined in Paragraph 7 below. Upon termination of this Agreement the Company shall pay to Broker all fees earned and reimburse Broker for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay Broker any fees specified in Paragraph 7 during the time limitations specified herein. The Company agrees that this section 3 and 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 letter agreement. Chardan Capital MarketsNotwithstanding anything herein to the contrary, LLC 00 Xxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxx, XX 00000nothing contained herein shall preclude the Company from entering into or executing on any sort of production fund financing.

Appears in 1 contract

Samples: Genius Brands International, Inc.

Term; Exclusivity. This non-exclusive engagement will commence on the date hereof and terminate five business days following the date on which the one party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 12 months after the date hereof. During Broker’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Broker, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during Broker’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors will be referred to Broker and will be deemed to have been contacted by Broker in connection with a Transaction, except with the Excluded Persons as defined in Paragraph 7 below. Upon termination of this Agreement the Company shall pay to Broker all fees earned and reimburse Broker for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectively. The Company agrees to pay Broker any fees specified in Paragraph 7 during the time limitations specified herein. The Company agrees that this section 3 and 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 letter agreement. Chardan Capital Markets, LLC 00 Xxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxx, XX 00000.

Appears in 1 contract

Samples: And Agreement (Odyssey Marine Exploration Inc)

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Term; Exclusivity. This exclusive engagement will commence on the date hereof and terminate five business days following on the earlier of (a) on the date on which the party receives written notice from the other party of termination of this engagement; provided that no such notice may be given by the Company for a period of 12 months after engagement or (b) the date hereofimmediately following the closing of a Transaction contemplated hereunder. During BrokerWestPark’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with BrokerWestPark, contact or solicit institutions, corporations corporations, individuals, or other entities or individuals as potential purchasers of the Securities in a Transaction and (ii) the Company will not pursue any financing transaction which would be in lieu of a Transaction. Furthermore, the Company agrees that during BrokerWxxxXxxx’s engagement hereunder, all inquiries, whether direct or indirect, from prospective Investors with respect to a Transaction will be referred to Broker WestPark and will be deemed to have been contacted by Broker WestPark in connection with a the Transaction, except with the Excluded Persons as defined in Paragraph 7 below. Upon termination of Either party may terminate this Agreement at any time upon ten (10) days prior written notice at which the Company shall pay to Broker WestPark all fees earned and reimburse Broker WestPark for all expenses incurred, in accordance with Paragraphs 7 and 8 hereof, respectivelyParagraph 6. The Company agrees to pay Broker WestPark any fees specified in Paragraph 7 6 during the time limitations specified herein. The Company agrees that this section Paragraph 3 and 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 letter agreementAgreement. Chardan Capital Markets, LLC 00 Xxxxx XxxxxxMembers FINRA & SIPC 1000 Xxxxxx xx xxx Xxxxx, Xxxxx 0000 000 * Xxx XxxxXxxxxxx, XX 00000* Tel (000) 000-0000 * Fax (000) 000-0000 * wxx.xxxxxxxxx.xxx Los Angeles * New York, NY * Boca Raton, FL

Appears in 1 contract

Samples: Personal and Confidential (Real Goods Solar, Inc.)

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