Common use of Underwriter’s Commission Clause in Contracts

Underwriter’s Commission. In consideration of the Agreement of the Underwriters to purchase the Shares and to offer them to the public, the Company agrees to pay to the Underwriters (i) at the First Closing Date (as defined in Section 2(3)) an underwriting fee equal to 5.75% of the gross proceeds from the sale of the Treasury Shares and (ii) at the Option Closing Date (as defined in Section 2(4)) an underwriting fee equal to 5.75% of the gross proceeds from the sale of the Additional Shares, and the Selling Shareholders agree to pay to the Underwriters at the First Closing Date an underwriting fee equal to 5.75% of the gross proceeds from the sale of the Secondary Shares (together, the “Underwriters’ Commission”). The Company will not receive any of the net proceeds to the Selling Shareholders from the sale of the Secondary Shares. The Underwriters’ Commission may be deducted by the Underwriters from the proceeds of sale of the Offered Shares on the First Closing Date or the proceeds of sale of the Additional Shares on the Option Closing Date, as applicable. In addition, the Company agrees to pay to the Underwriters, and in the manner specified by the Lead Underwriters, all fees, disbursements and expenses incurred by the Underwriters in accordance with the provisions in Section 6 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Dragonwave Inc)

AutoNDA by SimpleDocs

Underwriter’s Commission. In consideration of the Agreement of the Underwriters to purchase the Shares and to offer them to the public, the Company agrees to pay to the Underwriters (i) at the First Closing Date (as defined in Section 2(3)) an underwriting fee equal to 5.756% of the gross proceeds from the sale of the Treasury Shares and (ii) at the Option Closing Date (as defined in Section 2(4)) an underwriting fee equal to 5.756% of the gross proceeds from the sale of the Additional Shares, and each of the Selling Shareholders agree to pay to the Underwriters at the First Closing Date an underwriting fee equal to 5.756% of the gross proceeds from the sale of the Secondary Shares sold by such Selling Shareholder (together, the “Underwriters’ Commission”). The Company will not receive any of the net proceeds to the Selling Shareholders from the sale of the Secondary Shares. The Underwriters’ Commission may be deducted by the Underwriters from the proceeds of sale of the Offered Shares on the First Closing Date or the proceeds of sale of the Additional Shares on the Option Closing Date, as applicable. In addition, the Company agrees to pay to the Underwriters, and in the manner specified by the Lead Underwriters, all fees, disbursements and expenses incurred by the Underwriters in accordance with the provisions in Section 6 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (IMRIS Inc.)

Underwriter’s Commission. In consideration of the Agreement of the Underwriters to purchase the Shares and to offer them to the public, the Company agrees to pay to the Underwriters (i) at the First Closing Date (as defined in Section 2(3)) an underwriting fee equal to 5.756.0% of the gross proceeds from the sale of the Treasury Firm Shares and (ii) at the Option Closing Date (as defined in Section 2(4)) an underwriting fee equal to 5.756.0% of the gross proceeds from the sale of the Additional Shares, and the Selling Shareholders agree to pay to the Underwriters at the First Closing Date an underwriting fee equal to 5.75% of the gross proceeds from the sale of the Secondary Shares (together, the “Underwriters’ Commission”). The Company will not receive any of the net proceeds to the Selling Shareholders from the sale of the Secondary Shares. The Underwriters’ Commission may be deducted by the Underwriters from the proceeds of sale of the Offered Firm Shares on the First Closing Date or the proceeds of sale of the Additional Shares on the Option Closing Date, as applicable. In addition, the Company agrees to pay to the Underwriters, and in the manner specified by the Lead UnderwritersJoint Book-Running Managers, all fees, disbursements and expenses incurred by the Underwriters in accordance with the provisions in Section 6 5 hereof. The Company has also agreed to pay Xxxx Capital Partners, LLC a financial advisory fee in an amount of up to US$100,000 (the “Xxxx Fee”) for certain financial advisory services performed by Xxxx Capital Partners, LLC in connection with the Offering, which amount will be deducted from the Underwriters’ Commission.

Appears in 1 contract

Samples: Underwriting Agreement (Neptune Technologies & Bioressources Inc.)

AutoNDA by SimpleDocs

Underwriter’s Commission. In consideration of the Agreement of the Underwriters to purchase the Shares and to offer them to the public, the Company agrees to pay to the Underwriters (i) at the First Closing Date (as defined in Section 2(3)) an underwriting fee equal to 5.756% of the gross proceeds from the sale of the Treasury Shares and (ii) at the Option Closing Date (as defined in Section 2(4)) an underwriting fee equal to 5.756% of the gross proceeds from the sale of the Additional Shares, and the Selling Shareholders agree Shareholder agrees to pay to the Underwriters at the First Closing Date an underwriting fee equal to 5.756% of the gross proceeds from the sale of the Secondary Shares sold by such Selling Shareholder (together, the “Underwriters’ Commission”). The Company will not receive any of the net proceeds to the Selling Shareholders Shareholder from the sale of the Secondary Shares. The Underwriters’ Commission may be deducted by the Underwriters from the proceeds of sale of the Offered Shares on the First Closing Date or the proceeds of sale of the Additional Shares on the Option Closing Date, as applicable. In addition, the Company agrees to pay to the Underwriters, and in the manner specified by the Lead Underwriters, all fees, disbursements and expenses incurred by the Underwriters in accordance with the provisions in Section 6 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (IMRIS Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!