Cash Fee Contract Clauses (103)

Grouped Into 4 Collections of Similar Clauses From Business Contracts

This page contains Cash Fee clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Cash Fee. The Company shall pay to Wainwright a cash fee, or as to an underwritten Offering an underwriter discount, equal to 7% of the aggregate gross proceeds raised in each Offering.
Found in Cyclacel Pharmaceuticals, Inc. contract
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Cash Fee. The Company shall pay to Wainwright a cash fee, or as to an underwritten Offering an underwriter discount, equal to 7% 7.0% of the aggregate gross proceeds raised in each Offering.
Found in TREVENA INC contract
Cash Fee. The Company shall pay to Wainwright Rodman a cash fee, or as to an underwritten Offering an underwriter discount, equal to 7% 7.0% of the aggregate gross proceeds raised in each Offering.
Found in APRICUS BIOSCIENCES, INC. contract
Cash Fee. The Company shall pay to Wainwright Rodman a cash fee, or as to an underwritten Offering an underwriter discount, equal to 7% 7.0% of the aggregate gross proceeds raised in each Offering.
Found in CEL SCI CORP contract
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Cash Fee. The Company shall pay to Rodman a cash commission fee, or as to an underwritten Offering an underwriter discount, equal to 7.5% of the aggregate gross proceeds raised in each Offering. In addition, the Company shall pay to Rodman a cash management fee equal to 1% of the aggregate gross proceeds raised in each Offering. 430 Park Avenue | New York, New York 10022 | 212.356.0500 Security services provided by H.C. Wainwright & Co., LLC | Member: FINRA/SIPC 2. Warrant Coverage. The Company shall issu...e to Rodman or its designees at each Closing, warrants (the "Rodman Warrants") to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (and if the Securities are convertible or include a "greenshoe" or "additional investment" option component, such number of shares of Common Stock underlying such Securities or options, with the warrant issuable upon conversion of the Securities or the exercise of the option). If the Securities included in an Offering are non-convertible, the Rodman Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Rodman Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Rodman Warrant shall have an exercise price equal to 125% of the public offering price per share in the applicable Offering. If no warrants are issued to investors in an Offering, the Rodman Warrants shall be in a customary form reasonably acceptable to the Company and to Rodman, have a term of 5 years and an exercise price equal to 125% of the then market price of the Common Stock. View More
Found in NeuroMetrix, Inc. contract
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Cash Fee. The Company shall pay to Rodman a cash commission fee, or as to an underwritten Offering an underwriter discount, equal to 7.5% 7.0% of the aggregate gross proceeds raised in each Offering. In addition, the Company shall pay Offering; provided, however, that such cash fee will be reduced to Rodman a cash management fee equal to 1% 3.5% of the aggregate gross proceeds raised in each Offering. Offering from the Company's insiders who participated in such Offering and are listed on Exhibit A hereto... (the "Excluded Investors"). 430 Park Avenue | New York, New York 10022 | 212.356.0500 Security services provided by H.C. Wainwright & Co., LLC | Member: FINRA/SIPC 2. Warrant Coverage. The If the Securities included in an Offering include warrants, the Company shall issue to Rodman or its designees at each Closing, warrants (the "Rodman Warrants") to purchase that number of shares of common stock of the Company equal to 5% 5.0% of the aggregate number of shares of Common Stock common stock placed in each Offering (and if the Securities are convertible or include an Offering includes a "greenshoe" or "additional investment" option component, such number of shares of Common Stock common stock underlying such Securities or options, additional option component, with the warrant Rodman Warrants issuable upon conversion of the Securities or the exercise of the such option). If the Securities included in an Offering are non-convertible, the Rodman Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Rodman Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Rodman Warrant shall have an exercise price equal to 125% of the public offering price per share (or unit, if applicable) in the applicable Offering. If no warrants are issued to investors in an Offering, Offering and if such offering price is not available, the Rodman Warrants shall be in a customary form reasonably acceptable to the Company and to Rodman, have a term of 5 years and an exercise price equal to 125% of the then market price of the Common Stock. common stock on the date an Offering is commenced. View More
Found in Alphatec Holdings, Inc. contract
Cash Fee. The Company shall pay to Rodman a cash commission fee, or as to an underwritten Offering an underwriter discount, equal to 7.5% 7.0% of the aggregate gross proceeds raised in each Offering. In addition, the Company shall pay to Rodman a cash management fee equal to 1% of the aggregate gross proceeds raised in each Offering. 430 Park Avenue | New York, New York 10022 | 212.356.0500 Security services provided by H.C. Wainwright & Co., LLC | Member: FINRA/SIPC 2. Warrant Coverage. The Company shall... issue to Rodman or its designees at each Closing, warrants (the "Rodman Warrants") to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (and if the Securities are convertible or include a "greenshoe" or "additional investment" option component, such number of shares of Common Stock underlying such Securities or options, with the warrant issuable upon conversion of the Securities or the exercise of the option). If the Securities included in an Offering are non-convertible, the Rodman Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Rodman Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Rodman Warrant shall have an exercise price equal to 125% of the public offering price per share in the applicable Offering. If no warrants are issued to investors in an Offering, the Rodman Warrants shall be in a customary form reasonably acceptable to the Company and to Rodman, have a term of 5 years and an exercise price equal to 125% of the then market price of the Common Stock. 1 2. Expense Allowance. Out of the proceeds of each Closing, the Company also agrees to pay Rodman (a) $25,000 for out-of-pocket expenses; plus (b) $50,000 for non-accountable expenses; plus the additional reimbursable amount payable by the Company pursuant to Section D.3 below; provided, however, that such reimbursement amount in no way limits or impairs the indemnification and contribution provisions of this Agreement. View More
Found in CEL SCI CORP contract
Cash Fee. The Company shall pay to Rodman a cash commission fee, or as to an underwritten Offering an underwriter discount, equal to 7.5% 6.0% of the aggregate gross proceeds raised in each Offering. In addition, However, the Company Cash Fee shall pay be reduced to Rodman 4.5% for proceeds raised from Alpha Capital Anstalt and Osher Capital LLC ("Company Investors") up to a cash management fee equal to 1% total $1.5 million of the aggregate gross proceeds raised from the "Company Investors". For further ...clarity, the Cash Fee will remain 6% for all proceeds in each Offering. 430 Park Avenue | New York, New York 10022 | 212.356.0500 Security services provided by H.C. Wainwright & Co., LLC | Member: FINRA/SIPC excess of$1.5 million raised from the "Company Investors: 1 2. Warrant Coverage. The Company shall issue to Rodman or its designees at each Closing, warrants (the "Rodman Warrants") Warrants" ) to purchase that number of shares of common stock of the Company equal to 5% 3% of the aggregate number of shares of Common Stock placed in each Offering (and if the Securities are convertible or include a "greenshoe" or "additional investment" option component, such number of shares of Common Stock underlying such Securities or options, with the warrant issuable upon conversion of the Securities or the exercise of the option). If the Securities included in an Offering are non-convertible, convertible, the Rodman Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Rodman Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Rodman Warrant shall have an exercise price equal to 125% of the public offering price per share in the applicable Offering. If no ne warrants are issued to investors in an Offering, the Rodman Warrants shall be in a customary form reasonably acceptable to the Company and to Rodman, have a term of 5 years and an exercise price equal to 125% of the then market price of the Common Stock. View More
Found in AETHLON MEDICAL INC contract
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Cash Fee. The Company shall pay to Wainwright a cash fee, or as to an underwritten Offering an underwriter discount, equal to 7.0% of the aggregate gross proceeds raised in each Offering. 430 Park Avenue | New York, New York 10022 | 212.356.0500 | www.hcwco.com Member: FINRA/SIPC 2. Warrant Coverage. The Company shall issue to Wainwright or its designees at each Closing, warrants (the "Wainwright Warrants") to purchase that number of shares of common stock of the Company equal to 6.0% of the aggregate num...ber of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a "greenshoe" or "additional investment" component, such number of shares of common stock underlying such "greenshoe" or "additional investment" component, with the Wainwright Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the Wainwright Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The Wainwright Warrants shall be in a customary form reasonably acceptable to Wainwright, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the "Offering Price"). If warrants are issued to investors in an Offering, the Wainwright Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Wainwright Warrants shall have an exercise price equal to 125% of the Offering Price. View More
Found in VIVUS INC contract
Cash Fee. The Company shall pay to Wainwright a cash fee, or as to an underwritten Offering an underwriter discount, equal to 7.0% (or 3.5% in the event of investments from Existing Relationships (as defined below) of the aggregate gross proceeds raised in each the Offering. 430 Park Avenue | New York, New York 10022 | 212.356.0500 | www.hcwco.com Member: FINRA/SIPC 2. Warrant Coverage. The Company shall issue to Wainwright or its designees at each Closing, warrants (the "Wainwright Warrants") to purchase... that number of shares of common stock of the Company equal to 6.0% 5.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a "greenshoe" or "additional investment" option component, such number of shares of common stock underlying such "greenshoe" or "additional investment" additional option component, with the Wainwright Warrants issuable upon the exercise of such component). option). If the Securities included in an Offering are convertible, the Wainwright Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The Wainwright Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to Wainwright, the applicable Offering, except that such Wainwright Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the "Offering Price"). If no warrants are issued to investors in an Offering, the Wainwright Warrants shall have be in a customary form reasonably acceptable to Wainwright and the same terms as Company, be exercisable from the warrants issued to investors in 6-month anniversary of the applicable Offering, except that such Wainwright Warrants shall have issuance date for a term of three and one-half (3.5) years and at an exercise price equal to 125% of the Offering Price. Price, shall not have any price-based anti-dilution protection, and neither the Wainwright Warrants or the shares underlying them shall be subject to registration except in the sole discretion of the Company. View More
Found in Microbot Medical Inc. contract
Cash Fee. The Company shall pay to Wainwright a cash fee, or as to an underwritten Offering an underwriter discount, fee equal to 7.0% 8.0% of the aggregate gross proceeds raised in each Offering. In the event that an Offering is an offering underwritten by Wainwright, such fee shall be payable as an underwriter discount applied to the purchase of Securities by Wainwright. In the event that an Offering does not involve a purchase of the Securities by Wainwright, such fee shall be payable in cash to an acc...ount specified in writing by Wainwright. 430 Park Avenue | New York, New York 10022 | 212.356.0500 | www.hcwco.com Member: FINRA/SIPC 2. Warrant Coverage. The Company shall issue to Wainwright or its designees at each Closing, warrants (the "Wainwright Warrants") to purchase that number of shares of common stock of the Company equal to 6.0% 5.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed purchased in each Offering (and if an Offering includes a "greenshoe" or "additional investment" option component, such number of shares of common stock underlying such "greenshoe" or "additional investment" additional option component, with the Wainwright Warrants issuable upon the closing of the exercise of such component). option). If the Securities included in an Offering are convertible, the number of shares of common stock underlying the Wainwright Warrants shall be determined by dividing the gross proceeds raised in such Offering from the sale of shares of common stock (or common stock equivalent, if applicable) divided by the Offering Price (as defined hereunder). The Wainwright Warrants shall be in a customary form reasonably acceptable to Wainwright, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the "Offering Price"). If warrants are issued to investors in an Offering, the Wainwright Warrants shall have the same terms as the warrants warrants, if any, issued to investors in the applicable Offering, except that such Wainwright Warrants shall have an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering (such price, the "Offering Price"). If no warrants are issued to investors in an Offering, the Wainwright Warrants shall be in a customary form (including, without limitation, with respect to anti-dilution rights) reasonably acceptable to Wainwright, have a term of five (5) years and an exercise price equal to 125% of the Offering Price. View More
Found in Diffusion Pharmaceuticals Inc. contract
Cash Fee. The Company shall pay to Wainwright a cash fee, or as to an underwritten Offering an underwriter discount, equal to 7.0% of the aggregate gross proceeds raised in each Offering. Offering (the "Cash Fee"); provided, however, that the Company shall be entitled to invite Ladenburg Thalmann & Co. Inc. and Maxim Group LLC, each to act as an independent financial advisor, with such investment banks receiving in the aggregate no greater than 20% allocation of the Cash Fee payable to Wainwright pursuant... to this Paragraph A.1, net any payable selling concession. For the avoidance of doubt, Wainwright shall be entitled to the entire Cash Fee that has not ultimately been allocated to any of such investment banks. 430 Park Avenue | New York, New York 10022 | 212.356.0500 | www.hcwco.com Member: www.hcwco.comMember: FINRA/SIPC 2. Warrant Coverage. The Company shall issue to Wainwright or its designees at each Closing, warrants (the "Wainwright Warrants") to purchase that number of ordinary shares of common stock of the Company equal to 6.0% 5.0% of the aggregate number of ordinary shares of common stock (or common stock ordinary share equivalent, if applicable) placed in each Offering (and if an Offering includes a "greenshoe" or "additional investment" component, such number of ordinary shares of common stock underlying such "greenshoe" or "additional investment" component, with the Wainwright Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the Wainwright Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The Wainwright Warrants shall be in a customary form reasonably acceptable to Wainwright, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock ordinary shares on the date an Offering is commenced (such price, the "Offering Price"). If warrants are issued to investors in an Offering, the Wainwright Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Wainwright Warrants shall have an exercise price equal to 125% of the Offering Price. View More
Found in Intec Parent Inc. contract
View Variations (3)
Cash Fee. The Company shall pay to Wainwright a cash fee, or as to an underwritten Offering an underwriter discount, equal to 7.5% of the aggregate gross proceeds raised in each Offering and 7.5% of the aggregate gross proceeds received from the cash exercise of any warrants issued in an Offering. The fee payable on such exercise of warrants shall be paid to Wainwright promptly following receipt by the Company and in any event within five (5) days from the date(s) on which such warrants are exercised." Ex...cept as expressly set forth above, all of the terms and conditions of the Engagement Agreement 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 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. [Remainder of page intentionally left blank] 430 Park Avenue | New York, New York 10022 | 212.356.0500 Security services provided by H.C. Wainwright & Co., LLC | Member: FINRA/SIPC IN WITNESS WHEREOF, this amendment is executed as of the date first set forth above. View More
Found in Precision Therapeutics Inc. contract
Cash Fee. The Company shall pay to Wainwright a cash fee, or as to an underwritten Offering an underwriter discount, equal to 7.5% 7.0% of the aggregate gross proceeds raised in each Offering and 7.5% 7.0% of the aggregate gross proceeds received from the cash exercise of any warrants issued in an Offering. The fee payable on such exercise of warrants shall be paid to Wainwright promptly following receipt by the Company and in any event within five (5) days from the date(s) on which such warrants are exer...cised." The following sentence shall be added at the end of first sentence of Section A.2 of the Engagement Agreement: "Upon any exercise for cash of any warrants issued to investors in each Offering, the Company shall issue to Wainwright (or its designees), within five (5) business days of the Company's receipt of the exercise price, the Wainwright Warrants to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of such shares of common stock underlying the warrants that have been so exercised." Except as expressly set forth above, all of the terms and conditions of the Engagement Agreement 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 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. [Remainder of page intentionally left blank] 430 Park Avenue | New York, New York 10022 | 212.356.0500 Security services provided by H.C. Wainwright & Co., LLC | Member: FINRA/SIPC IN WITNESS WHEREOF, this amendment is executed as of the date first set forth above. View More
Found in Ecoark Holdings, Inc. contract
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