Fee on Termination of Offering. Notwithstanding anything contained herein to the contrary, upon termination of the Offering the Company shall: (A) reimburse the Representative for, or otherwise pay and bear, the expenses and fees to be paid and borne by the Company as provided for in Section 3.12.1 above, as applicable, and (B) reimburse the Representative for the full amount of its accountable out-of-pocket expenses actually incurred to such date (which shall include, but shall not be limited to, all fees and disbursements of the Representative’s counsel, travel, lodging and other “road show” expenses, mailing, printing and reproduction expenses, and any expenses incurred by the Representative in conducting its due diligence, including background checks of the Company’s officers and directors), up to an aggregate amount of $50,000, less the amounts previously paid and any amounts previously paid to the Representative in reimbursement for such expenses. If applicable, and solely in the event of a termination of this Offering, the Representative shall refund to the Company any portion of the Advance previously received by the Representative which is in excess of the accountable out-of-pocket expenses actually incurred to such date by the Representative.
Fee on Termination of Offering. Notwithstanding anything contained herein to the contrary, upon termination of the Offering the Company shall pay and bear the expenses and fees to be paid and borne by the Company as provided for in Section 3.10.1 above, as applicable.
Fee on Termination of Offering. Notwithstanding anything contained herein to the contrary, upon termination of the Offering, the Company shall: (A) pay and bear the expenses and fees to be paid and borne by the Company as provided for in Section 3.8.1 above, and (B) reimburse the Representatives for the full amount of its accountable out-of-pocket expenses actually incurred to such date (which shall include, but shall not be limited to, all fees and disbursements of the Representatives’ counsel, travel, lodging and other “road show” expenses, mailing, printing and reproduction expenses, and any expenses incurred by the Representatives in conducting their due diligence, including background checks of the Company’s officers and directors), up to an aggregate amount of $100,000, less the amounts previously paid and any amounts previously paid to the Representatives in reimbursement for such expenses. If applicable, the Representatives shall refund to the Company any portion of any advance previously received by the Representatives which is in excess of the accountable out-of-pocket expenses actually incurred to such date by the Representatives.
Fee on Termination of Offering. Notwithstanding anything contained herein to the contrary, upon termination of the Offering, except as a result of the Representative’s or any Underwriter’s breach or default with respect to any of their obligations described in this Agreement, the Company shall: (A) pay and bear the expenses and fees to be paid and borne by the Company as provided for in Section 3.10.1 above, and (B) reimburse the Representative for the full amount of its accountable out-of-pocket expenses actually incurred to such date (which shall include, but shall not be limited to, all fees and disbursements of the Representative’s counsel, travel, lodging and other “road show” expenses, mailing, printing and reproduction expenses, and any expenses incurred by the Representative in conducting its due diligence, including background checks of the Company’s officers and directors), up to an aggregate amount of $165,000, less the amounts previously paid and any amounts previously paid to the Representative in reimbursement for such expenses. If applicable, and solely in the event of a termination of this Offering, the Representative shall refund to the Company any portion of any advance previously received by the Representative which is in excess of the accountable out-of-pocket expenses actually incurred to such date by the Representative.
Fee on Termination of Offering. Notwithstanding anything contained herein to the contrary, upon termination of the Offering, the Company shall: (A) pay and bear the expenses and fees to be paid and borne by the Company as provided for in Section 3.8.1 above, and (B) reimburse the Representatives for the full amount of its accountable out-of-pocket expenses actually incurred to such date (which shall include, but shall not be limited to, all fees and disbursements of the Representatives’ counsel, travel, lodging and other “road show” expenses, mailing, printing and reproduction expenses, and any expenses incurred by the Representatives in conducting their due diligence, including background checks of the Company’s officers and directors), up to an aggregate amount of $75,000, less the amounts previously paid and any amounts previously paid to the Representatives in reimbursement for such expenses. If applicable, the Representatives shall refund to the Company any portion of any advance previously received by the Representatives which is in excess of the accountable out-of-pocket expenses actually incurred to such date by the Representatives.
Fee on Termination of Offering. Upon termination of the Offering, except as a result of the Representative’ or any Underwriter’s material breach or default with respect to any of its material obligations as described in this Agreement, the Company shall: (A) reimburse the Representative for, or otherwise pay and bear, the expenses and fees to be paid and borne by the Company as provided for in Section 3.12.1 above, as applicable, and (B) reimburse the Representative for the full amount of their accountable out-of pocket expenses actually incurred to such date (which shall include, but shall not be limited to, all fees and disbursements of the Representative’ counsel, travel, lodging and other “road show” expenses, mailing, printing and reproduction expenses, and any expenses incurred by the Representative in conducting its due diligence), less the $25,000 previously paid to Maxim in reimbursement for such expenses. If applicable, and solely in the event of a termination of this Offering, the Representative shall refund to the Company any portion of the advance previously received by the Representative which is in excess of the accountable out-of-pocket expenses actually incurred to such date by the Representative.
Fee on Termination of Offering. Notwithstanding anything contained herein to the contrary, upon termination of the Offering, except as a result of the Representatives’ or any underwriter’s breach or default with respect to any of its material obligations pursuant to this Agreement, the Company shall: (A) reimburse Maxim for, or otherwise pay and bear, the expenses and fees to be paid and borne by the Company as provided for in Paragraph 3.13.1 above, as applicable, and (B) reimburse Maxim for the full amount of its accountable out-of pocket expenses actually incurred to such date (which shall include, but shall not be limited to, all fees and disbursements of Maxim’s counsel, travel, lodging and other “road show” expenses, mailing, printing and reproduction expenses, and any expenses incurred by Maxim in conducting its due diligence), less the amounts previously paid and any amounts previously paid to Maxim in reimbursement for such expenses. If applicable, and solely in the event of a termination of this Offering, Maxim shall refund to the Company any portion of the Advance previously received by Maxim which is in excess of the accountable out-of-pocket expenses actually incurred to such date by Maxim.
Fee on Termination of Offering. Notwithstanding anything contained herein to the contrary, upon termination of the Offering the Company shall: (A) reimburse the Representative for, or otherwise pay and bear, the expenses and fees to be paid and borne by the Company as provided for in Paragraph 3.12.1 above, as applicable, and (B) reimburse the Representative for the full amount of their accountable out-of-pocket expenses actually incurred to such date (which shall include, but shall not be limited to, all fees and disbursements of the Representative’s counsel, travel, lodging and other “road show” expenses, mailing, printing and reproduction expenses, and any expenses incurred by the Representative in conducting their due diligence), up to an aggregate amount of $100,000, less the amounts previously paid and any amounts previously paid to the Representative in reimbursement for such expenses.
Fee on Termination of Offering. Upon termination of the Offering, except as a result of the Representatives’ or any Underwriter’s material breach or default with respect to any of its material obligations as described in this Agreement, the Company shall: (A) reimburse the Representatives for, or otherwise pay and bear, the expenses and fees to be paid and borne by the Company as provided for in Section 3.12.1 above, as applicable, and (B) reimburse the Representatives for the full amount of their accountable out-of pocket expenses actually incurred to such date up to $180,000 (which shall include, but shall not be limited to, all fees and disbursements of the Representatives’ counsel (up to $150,000), travel, lodging and other “road show” expenses, mailing, printing and reproduction expenses, and any expenses incurred by the Representatives in conducting its due diligence). In the event this Offering is terminated and the Company becomes obligated to reimburse the Representatives for expenses incurred pursuant to Section 3.12, the Company shall receive a credit against such obligation with respect to Maxim in the amount of $50,000 previously paid to Maxim (the “Advance”), it being understood that Maxim will reimburse the Company for any portion of the Advance that is in excess of the amount of the obligations hereunder. Notwithstanding the foregoing, in the event the Offering is terminated for reasons other than the Representatives’ or any Underwriter’s material breach or default, and the Company, within one year from the date of this Agreement enters into a definitive letter agreement with another underwriter with respect to a public or private equity or debt offering, then the Company shall reimburse the Representatives for all reasonable legal fees and travel, lodging and roadshow expenses.
Fee on Termination of Offering. Notwithstanding anything contained herein to the contrary, upon termination of the Offering the Company shall reimburse the Representative for, or otherwise pay and bear, the expenses and fees to be paid and borne by the Company as provided for in Section 3.10.1 above, as applicable If applicable, and solely in the event of a termination of this Offering, the Representative shall refund to the Company any portion of any advance payment previously received by the Representative which is in excess of the accountable out-of-pocket expenses actually incurred to such date by the Representative.
