Terms of Retention Sample Clauses

Terms of Retention. (a) Unless extended or terminated in writing by the parties hereto by written notice to the other in accordance with the provisions hereof, this Agreement shall remain in effect until the Termination Date of July 31, 2000. (b) Notwithstanding anything herein to the contrary, the obligation to pay the Fees and Compensation and Expenses described in Section 2, if any, and paragraphs 2, 5, and 8 of Exhibit A and all of Exhibit B and Exhibit C attached hereto, each of which exhibits is incorporated herein by reference, shall survive any termination or expiration of the Agreement. It is expressly understood and agreed by the parties hereto that any private financing of equity or debt or other capital raising activity of the Company within 24 months of the termination or expiration of this Agreement, with any investors or lenders to whom the Company was introduced by LTCO or who was contacted by LTCO while this Agreement was in effect and disclosed to the Company in writing, shall result in such fees and compensation due and payable by the Company to LTCO under the same terms of Section 2 above. Upon completion of the Offering, any future renegotiation, restructuring, revision or other amendment of such Offering by and between the Company and the investors in such Offering which results in the receipt of any net new funds by the Company from such investor(s) shall be deemed to be a new financing and shall result in additional fees and compensation due and payable by the Company to LTCO under the terms of Section 2 above.
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Terms of Retention. (a) Unless extended or terminated in writing by the parties hereto in accordance with the provisions hereof, this Agreement shall remain in effect until the Termination Date of March 31, 2001. (b) Notwithstanding anything herein to the contrary, the obligation to pay the Fees and Compensation and Expenses described in Section 2, if any, and paragraphs 2, 6, and 8 of Exhibit A and all of Exhibit B and Exhibit C attached hereto, each of which exhibits is incorporated herein by reference, shall survive any termination or expiration of the Agreement. It is expressly understood and agreed by the parties hereto that any private financing of equity or debt or other capital raising activity of the Company within 24 months of the termination or expiration of this Agreement, with any investors to whom the Company was introduced by LTCO or who was contacted by LTCO while this Agreement was in effect and disclosed to the Company in writing, shall result in such fees and compensation being due and payable by the Company to LTCO under the same terms of Section 2 above. Upon completion of the Offering, any future renegotiation, restructuring, revision or other amendment of such Offering by and between the Company and the investors in such Offering involving additional capital shall be deemed to be a new financing and shall result in additional fees and compensation due and payable by the Company to LTCO under the terms of Section 2 above.
Terms of Retention. (a) The engagement of LTCO pursuant to the terms of this Agreement shall be effective as of the date of this Agreement. LTCO's engagement hereunder will be for the period ending at the earliest of (i) the placement of all of the Securities; (ii) written notice of termination by either the Company or LTCO for any reason, effective after written notice of such termination is received by the other party; or (iii) December 31, 2001 (the earliest of (i), (ii) or (iii), the "Termination Date"). (b) Notwithstanding anything herein to the contrary (but subject to the limitations set forth in this Section 3(b)), the obligation to pay the Fees and Compensation and Expenses described in Section 2 (to the extent accrued in accordance with the provisions hereof and remaining outstanding), if any, and the provisions of paragraphs 2, 5, and 8 of Exhibit A and all of Exhibit B and Exhibit C attached hereto, each of which exhibits is incorporated herein by reference, shall survive any termination or expiration of the Agreement. It is expressly understood and agreed by the parties hereto that any private financing of equity or securities convertible into equity of the Company within 18 months of the termination or expiration of this Agreement, with any investors to whom the Company was introduced by LTCO or who was contacted by LTCO while this Agreement was in effect, and disclosed to the Company in writing, shall result in such fees and compensation being due and payable by the Company to LTCO under the same terms of Section 2 above. LTCO shall not contact any potential investors (and therefore will not be entitled to any fees with respect thereto), without the prior written approval of the Company.
Terms of Retention. (a) Unless extended or terminated in writing by the parties hereto in accordance with the provisions hereof, this Agreement shall remain in effect until the Termination Date of April 30, 2002. (b) Notwithstanding anything herein to the contrary, the obligation to pay the Fees and Compensation and Expenses described in Section 2, if any, and the provisions of paragraphs 2, 5, and 8 of Exhibit A and all of Exhibit B and Exhibit C attached hereto, each of which exhibits is incorporated herein by reference, shall survive any termination or expiration of the Agreement. It is expressly understood and agreed by the parties hereto that any private financing of equity or debt or other capital raising activity of the Company within 18 months of the termination or expiration of this Agreement, with any investors to whom the Company was introduced by LTCO or who was contacted by LTCO, and who purchased Securities offered by the Company pursuant to the Registration Statement while this Agreement was in effect and disclosed to the Company in writing, shall result in such fees and compensation being due and payable by the Company to LTCO under the same terms of Section 2 above.
Terms of Retention. (a) Unless extended or terminated in writing by the parties hereto in accordance with the provisions hereof, this Agreement shall remain in effect until the Termination Date of March 20, 2000. (b) Notwithstanding anything herein to the contrary, the obligation to pay the Fees and Compensation and Expenses described in Section 2, if any, and paragraphs 2, 6, and 8 of Exhibit A and all of Exhibit B and Exhibit C attached hereto, each of which exhibits is incorporated herein by reference, shall survive any termination or expiration of the Agreement. It is expressly understood and agreed by the parties hereto that any private financing of equity or debt or other capital raising activity of the Company within 24 months of the termination or expiration of this Agreement, with any investors or lenders to whom the Company was introduced by LTCO or who was contacted by LTCO while this Agreement was in effect and disclosed to the Company in writing, shall result in such fees and compensation due and payable by the Company to LTCO under the same terms of Section 2 above. Upon completion of the Offering, any future renegotiation, restructuring, revision or other amendment of such Offering by and between the Company and the investors in such Offering shall be deemed to be a new financing and shall result in additional fees and compensation due and payable by the Company to LTCO under the terms of Section 2 above.
Terms of Retention. (a) Unless extended or terminated in writing by the parties hereto in accordance with the provisions hereof, this Agreement shall remain in effect until the earlier of the Termination Date of September 18, 2001 or the funding of $40 million hereunder. (b) Notwithstanding anything herein to the contrary the obligation to pay the Fees and Compensation and Expenses described in Section 2, if any, and the obligations set forth in paragraphs 2, 6 and 8 of Exhibit A and all of Exhibits B, C and D attached hereto, each of which exhibits is incorporated herein by reference, shall survive any termination or expiration of this Agreement. It is expressly understood and agreed by the parties hereto that any private financing of equity or debt or other capital raising activity of the Company within 24 months of the termination or expiration of this Agreement, with any investor who makes an investment hereunder shall result in fees and compensation being due and payable by the Company to Xxxxxxxx under the same terms of section 2 above.
Terms of Retention. (a) Unless extended or terminated in writing by the parties hereto in accordance with the provisions hereof, this Agreement shall remain in effect until the Termination Date of March 15, 2001. (i) Notwithstanding anything herein to the contrary but subject to Section 2(d), the obligation to pay the Fees and Compensation and Expenses described in Section 2, if any, and paragraphs 2, 6, and 8 of Exhibit A and all of Exhibit B and Exhibit C attached hereto, each of which exhibits is incorporated herein by reference, shall survive any termination or expiration of the Agreement. (ii) It is expressly understood and agreed by the parties hereto that any private financing of equity or debt or other capital raising activity of the Company within 24 months of the termination or expiration of this Agreement, with any investors to whom the Company was introduced by LTCO or who was solicited by LTCO to participate in the Offering while this Agreement was in effect and disclosed to the Company in writing within 3 business days after the date of such solicitation, shall result in such fees and compensation being due and payable by the Company to LTCO under the same terms of Section 2 above.
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Terms of Retention. (a) Unless extended or terminated in writing by the parties hereto in accordance with the provisions hereof, this Agreement shall remain in effect until the Termination Date of September 1, 2004 unless earlier terminated by either party hereto by five (5) days' prior written notice to the other party. (b) Notwithstanding anything herein to the contrary, the obligation to pay the Fees and Compensation and Expenses described in Section 2 actually earned by each of the Placement Agents for closings that occurred prior to expiration or termination of this Agreement, if any, and the provisions of paragraphs 2, 5, and 8 of Exhibit A and all of Exhibit B and Exhibit C attached hereto, each of which exhibits is incorporated herein by reference, shall survive any termination or expiration of the Agreement.
Terms of Retention. Unless extended or terminated in writing by the parties hereto, this Agreement shall remain in effect until August 31, 2000. Notwithstanding anything herein to the contrary, the obligation to pay the Fees and Compensation described in Section 2, if any, and paragraph 2, 6, and 8 of Exhibit A and all of Exhibit B and Exhibit C attached hereto, shall survive any termination or expiration of the Agreement, should a closing take place. Not withstanding the foregoing, it is expressly understood and agreed by the parties hereto that any private financing, whether through senior or subordinated debt or equity, of the Company within 18 months of the termination of this Agreement, with any qualified investors or lenders contacted and listed in Exhibit E by Jesup while this Agreement was in effect, shall result in cash fees due and payable by the Company to Jesup under the same terms of Section 2 above.
Terms of Retention. (a) Unless extended or terminated in writing signed by both parties hereto, this Agreement shall remain in effect until the Termination Date of November 21, 2003. (b) Notwithstanding anything herein to the contrary, the obligation to pay the Fees and Compensation and Expenses described in Section 3, if any, and described in all Exhibits attached hereto, each of which exhibits is incorporated herein by reference, shall survive any termination or expiration of the Agreement. It is expressly understood and agreed by the parties hereto that any private financing of equity or debt or other capital raising activity of the Company within 12 months of the termination or expiration of this Agreement, with any investors or lenders to whom the Company was introduced by MxXxxxx or who was contacted by MxXxxxx while this Agreement was in effect and disclosed to the Company in writing, shall result in such fees and compensation due and payable by the Company to MxXxxxx under the same terms of Section 3 above. Upon completion of the Offering, any future renegotiation, restructuring, revision or other amendment of such Offering by and between the Company and the investors in such Offering which results in the receipt of any net new funds by the Company from such investor(s) shall be deemed to be a new financing and shall result in additional fees and compensation due and payable by the Company to MxXxxxx under the terms of Section 3 above.
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