Term and Termination of Engagement; Exclusivity. The term of Xxxxxxxxxx’x exclusive engagement will begin on the date hereof and end six (6) months thereafter (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, right of first refusal, tail, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination or expiration of this Agreement. Notwithstanding anything to the contrary contained herein, the Company has the right to terminate the Agreement for cause in compliance with FINRA Rule 5110(g)(5)(B)(i). The exercise of such right of termination for cause eliminates the Company’s obligations with respect to the provisions relating to the tail fees and right of first refusal. Notwithstanding anything to the contrary contained in this Agreement, in the event that an Offering pursuant to this Agreement shall not be carried out for any reason whatsoever during the Term, the Company shall be obligated to pay to Xxxxxxxxxx its actual and accountable out-of-pocket expenses related to an Offering (including the fees and disbursements of Xxxxxxxxxx’x legal counsel) and, if applicable, for electronic road show service used in connection with an Offering. During Xxxxxxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of an Offering. Furthermore, the Company agrees that during Xxxxxxxxxx’x engagement hereunder, all inquiries from prospective investors will be referred to Xxxxxxxxxx. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder’s fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.
Term and Termination of Engagement; Exclusivity. The term of Rxxxxx’x exclusive engagement will begin on the date hereof and fifteen (15) days thereafter (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, right of first refusal, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Rxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Rxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Offering. Furthermore, the Company agrees that during Rxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Rxxxxx and will be deemed to have been contacted by Rxxxxx in connection with an Offering. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder’s fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.
Term and Termination of Engagement; Exclusivity. The term of Xxxxxxxxxx’x exclusive engagement will begin on the date hereof and end 120 days after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Offering. Furthermore, the Company agrees that during Xxxxxxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Xxxxxxxxxx and will be deemed to have been contacted by Xxxxxxxxxx in connection with an Offering.
Term and Termination of Engagement; Exclusivity. The term of Rxxxxx’x exclusive engagement will begin on the date hereof and end 4 days after the date hereof (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Rxxxxx’x engagement hereunder, the Company will not, and will not permit its representatives to, other than in coordination with Rxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities in a transaction that is principally intended as a capital raising transaction. Furthermore, the Company agrees that during Rxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Rxxxxx and will be deemed to have been contacted by Rxxxxx in connection with an Offering.
Term and Termination of Engagement; Exclusivity. The term of Xxxxxxxxxx’x exclusive engagement will begin on the date hereof and end on June 29, 2020 (the “Term”).”
Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x exclusive engagement will begin on the date hereof and end four (4) months thereafter (the “Term”); provided, however, that if an Offering has not consummated within 30 following the date hereof, the Company may terminate Xxxxxx’x engagement hereunder. Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction that would be in lieu of an Offering; other than with respect to (i) and (ii) above, the Company’s engagement of MLV & Co. LLC for the sale of the Company’s common stock pursuant to a Prospectus Supplement filed with the Securities and Exchange Commission on March 16, 2015 and any shares of the Company’s common stock issued pursuant to such engagement (the “ATM Offering”) or in connection with any Excluded Financing.
Term and Termination of Engagement; Exclusivity. The term of Rxxxxx’x exclusive engagement will begin on the date hereof and end on the earlier of (a) upon notice from the Company to Rxxxxx, 9:00 am ET on August 25, 2016 in the event that the Company has not entered into definitive agreements with investors for an Offering by such time and (b) the Closing of such Offering (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Rxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Rxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of a Offering. Furthermore, the Company agrees that during Rxxxxx’x engagement hereunder, all inquiries, whether direct or indirect, from prospective investors will be referred to Rxxxxx and will be deemed to have been contacted by Rxxxxx in connection with an Offering.
Term and Termination of Engagement; Exclusivity. The term of Xxxxxxxxxx’x exclusive engagement will begin on the date hereof and end three (3) months thereafter (the “Term”); provided, however, that if an Offering has not consummated within 30 days following the date hereof, the Company may terminate Xxxxxxxxxx’x engagement hereunder. Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination or expiration of this Agreement. During the Term: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities; and (ii) the Company will not pursue any equity financing transaction that would be in lieu of an Offering.
Term and Termination of Engagement; Exclusivity. The term of Wxxxxxxxxx’x exclusive engagement will begin on the date hereof and end thirty (30) days on following the earlier of such date that (i) the Securities and Exchange Commission (the “SEC”) notifies the Company that it will not review the registration statement on Form F-1 relating to an Offering (the “Registration Statement”) and (ii) the SEC notifies the Company that it has no additional comments to the Registration Statement in case of a “limited” or “full” review (the “Term”).” Except as expressly set forth above, all of the terms and conditions of the Engagement Letter shall continue in full force and effect after the execution of this amendment and shall not be in any way changed, modified or superseded except as set forth herein. This amendment shall be construed and enforced in accordance with the laws of the State of New York, without regards to conflicts of laws principles. This amendment may be executed in two or more counterparts, each one of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. Counterparts may be delivered via electronic mail (including any electronic signature covered by the U.S. federal ESIGN Act of 2000, Uniform Electronic Transactions Act, the Electronic Signatures and Records Act or other applicable law, e.g., wxx.xxxxxxxx.xxx) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. * * * * * 400 Xxxx Xxxxxx | Xxx Xxxx, XX 00000 | 212.356.0500 | wxx.xxxxx.xxx Member: FINRA/SIPC
Term and Termination of Engagement; Exclusivity. The term of Wxxxxxxxxx’x exclusive engagement will begin on the date hereof and end twelve (12) months following the the consumatin of the Company’s Offering of its equity securities pursuant to the Registration Statement on Form F-1, as amended (File No. 333-239264) (the “Term”). Except as expressly set forth above, all of the terms and conditions of the Engagement Letter shall continue in full force and effect after the execution of this agreement and shall not be in any way changed, modified or superseded by the terms set forth herein. This agreement may be executed in two or more counterparts and by facsimile or “.pdf” signature or otherwise, and each of such counterparts shall be deemed an original and all of such counterparts together shall constitute one and the same agreement.
