UNDERWRITERS' EXPENSES. The Underwriter, at no additional expense to the Fund, shall print and distribute to prospective investors Prospectuses, and shall print and distribute, upon request, to prospective investors Statements of Additional Information, and may print and distribute such other sales literature, reports, forms and advertisements in connection with the sale of the Shares as comply with the applicable provisions of federal and state law.
UNDERWRITERS' EXPENSES. Whether or not this Agreement becomes effective or is terminated or cancelled or the sale of the Certificates hereunder is consummated, and regardless of the reason for or cause of any such termination, cancellation, or failure to consummate, the Company will pay or cause to be paid:
UNDERWRITERS' EXPENSES. Except as specifically provided in ---------------------- paragraph 7(a), the Company will reimburse the Underwriters for their accountable expenses (including without limitation, the fees and expenses of Underwriters' Counsel) incurred in connection with reviewing the Registration Statement and the Prospectus and in otherwise investigating, preparing to market or marketing the Shares; provided, however, that the Company's obligations under this paragraph 7(b) shall not exceed $135,000 in the aggregate.
UNDERWRITERS' EXPENSES. If the sale of the Securities provided for herein is not consummated by reason of any failure, refusal or inability on the part of the Company to perform any agreement on its part to be performed, or because any other condition of the Underwriters' obligations hereunder required to be fulfilled by the Company is not fulfilled, other than by reason of a default by any of the Underwriters or the occurrence of any event specified in clause (ii), (iii) or (v) of Section 5(b), the Company will reimburse the Underwriters severally upon demand for all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities. Except as otherwise provided for herein or in the applicable Terms Agreement, the Underwriters shall pay their own expenses (including fees and disbursements of counsel) in connection with the offering and sale of the Securities.
UNDERWRITERS' EXPENSES. The Company further agrees that, in addition to the expenses payable pursuant to Section 3.9.1, upon the sale of the Firm Shares or any of the Option Shares, it shall pay to the Underwriter, as a non-accountable expense allowance, an amount equal to 3% of the gross proceeds payable to the Company from the sale of the Firm Shares and the Option Shares, if any are sold to the Underwriter, of which $50,000 has been paid to date, and it shall pay the balance on the Closing Date as to the Firm Shares and any Option Closing Date as to Option Shares, by certified or bank cashier's check or, at the election of the Underwriter, by deduction from the proceeds of the offering contemplated hereby. If the offering contemplated by this Agreement is not consummated for any reason, the Company shall be liable for the accountable expenses of the Underwriter, including, but not limited to, legal fees, Blue Sky counsel fees, "road show" and due diligence expenses. The Underwriter shall retain such part of the non-accountable expense allowance previously paid as shall equal its actual out-of-pocket expenses. If the amount previously paid is insufficient to cover such actual out-of-pocket expenses, the Company shall remain liable for and promptly pay any other actual out-of-pocket expenses. If the amount previously paid exceeds the amount of the actual out-of-pocket expenses, the Underwriter shall promptly remit to the Company any such excess.
UNDERWRITERS' EXPENSES. Compton shall pay the reasonable out-of-pocket expenses of the Underwriters to a maximum amount of $10,000 and the reasonable legal fees of Underwriters' Counsel to a maximum amount of $35,000, plus reasonable disbursements and GST. All fees and expenses incurred by the Underwriters which are reimbursable hereunder shall be payable by Compton immediately upon receiving a detailed invoice therefor from the Underwriters.
UNDERWRITERS' EXPENSES. If the sale of the U.S. -------------------------------------------- Securities provided for in this U.S. Underwriting Agreement is not consummated because any condition to the obligations of the U.S. Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pursuant to Section 10 hereof or because of any refusal, inability or failure on the part of the Company to perform any agreement in this U.S. Underwriting Agreement or comply with any provision hereof other than by reason of a default by any of the U.S. Underwriters, the Company will reimburse the U.S. Underwriters severally through __________ on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
UNDERWRITERS' EXPENSES. If the sale of the Securi ties provided for herein is not consummated because any condition to the obligations of the Underwriters set forth in Section 6 hereof is not satisfied, because of any termination pur suant to Section 10 hereof or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision hereof other than by reason of a default by any of the Underwriters, the Company will reimburse the Under writers severally through Sxxxxxx Xxxxx Bxxxxx on demand for all out-of-pocket expenses (including reasonable fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the Securities.
UNDERWRITERS' EXPENSES. If the sale of the U.S. Securities provided for herein is not consummated because any condition to the obligations of the U.S. Underwriters set forth in Section 5 herein is not satisfied, because of any termination pursuant to Section 10(a) herein or because of any refusal, inability or failure on the part of the Company to perform any agreement herein or comply with any provision herein other than by reason of a default by any of the U.S. Underwriters, the Company will reimburse the U.S. Underwriters severally upon demand for all documented out-of-pocket expenses (including fees and disbursements of counsel) that shall have been incurred by them in connection with the proposed purchase and sale of the U.S. Securities.
UNDERWRITERS' EXPENSES. If the sale of the Securities provided for herein is not consummated by reason of any failure, refusal or inability on the part of the Company to perform any agreement on its part to be performed, or because any other condition of the Underwriters' obligations hereunder required to be fulfilled by the Company is not fulfilled,
