Tail Fee definition
Examples of Tail Fee in a sentence
Notwithstanding anything herein to the contrary, in accordance with FINRA Rule 5110(g)(5)(B), this Section 4(q) and the Tail Fee contemplated hereby may be terminated by the Company for “Cause”, which shall mean a material breach by the Placement Agent of this Agreement or a material failure by the Placement Agent to provide the services as contemplated by this Agreement.
The Company’s obligations to pay KDC the Tail Fee, if applicable, and to reimburse KDC’s expenses (that were incurred prior to the effective date of such termination), as well as the provisions of Annex B shall survive any expiration, completion or termination of KDC’s engagement hereunder.
For the avoidance of doubt, after the effective date of the termination of the Engagement Letter, the Company’s sole obligations to KDC will be to pay KDC the Tail Fee, if applicable, to reimburse KDC for any expenses incurred prior to the effective date of such termination, and to honor the Company’s obligations under the provisions of Annex B.
The Tail Fee shall apply to any Oceana Investors, including their affiliates, and to any third party investor introduced to the Company by Oceana Investors or affiliates thereof assuming such third party investor was not previously in discussions with the Company before such introduction.
The Tail Fee shall apply to any Tail Investors, including their affiliates, and to any third party investor introduced to the Company by Tail Investors or affiliates thereof assuming such third party investor was not previously in discussions with the Company before such introduction.
Notwithstanding anything to the contrary set forth herein, it is understood and agreed by the parties hereto that all other terms and conditions of that certain engagement letter between the Company and ThinkEquity LLC dated November 27, 2024, not inconsistent with the terms of this Agreement shall remain in full force and effect, including, without limitation, the Tail Fee (as defined therein).
In compliance with FINRA Rule 5110(g)(5)(B), the Tail Fee will be terminated upon the Company’s termination of the Engagement Letter for cause, in which case the Company will not be responsible for paying for the Tail Fee.
Notwithstanding the foregoing, no Tail Fee shall be payable to ▇.
Notwithstanding anything herein to the contrary, in accordance with FINRA Rule 5110(g)(5)(B), this Section 4(q) and the Right of First Refusal and Tail Fee contemplated hereby may be terminated by the Company for “Cause”, which shall mean a material breach by the Placement Agent of this Agreement or a material failure by the Placement Agent to provide the services as contemplated by this Agreement.
In compliance with FINRA Rule 5110(g)(5)(B), the obligation of the Company to pay the Tail Fee will be terminated upon the Company’s termination of this Underwriting Agreement for cause.