Payment of Expenses Contract Clauses (3,113)

Payment of Expenses. The Borrower shall pay or reimburse the Administrative Agent for all of its reasonable and documented out-of-pocket costs and expenses incurred in connection with this Amendment and any other documents prepared in connection with, and the transactions contemplated by, this Amendment, including, without limitation, the reasonable fees and disbursements of counsel to the Administrative Agent, in each case in accordance with and subject to the terms and conditions set forth in Section 10.04 of the ...Credit Agreement. View More

Payment of Expenses. (a) The Company agrees to pay, or reimburse if paid by the Underwriters, whether or not the transactions contemplated hereby are consummated or this Agreement is terminated, (i) all filing fees and communication expenses relating to the registration of the Stock to be sold in the Offering with the Commission; (ii) all fees and expenses relating to the listing of the Stock on the NASDAQ Capital Market, the NASDAQ Global Market, the NASDAQ Global Select Market, the NYSE or the NYSE MKT and on such... other stock exchanges as the Company and the Representative together determine; (iii) all fees, expenses and disbursements relating to the registration, qualification of the Stock under the "blue sky" securities laws of such states and other jurisdictions as the Representative may reasonably designate; (iv) the costs of all mailing and printing of the underwriting documents (including, without limitation, the Underwriting Agreement, any Blue Sky Surveys and, if appropriate, any Agreement Among Underwriters, Selected Dealers' Agreement, Underwriters' Questionnaire and Power of Attorney), Registration Statements, Prospectuses and all amendments, supplements and exhibits thereto and as many preliminary and final Prospectuses as the Representative may reasonably deem necessary; (v) the costs of preparing, printing and delivering certificates representing the Stock; (vi) fees and expenses of the transfer agent for the Stock; (vii) stock transfer and/or stamp taxes, if any, payable upon the transfer of securities from the Company to the Underwriters; (viii) the costs associated with post-Closing advertising of the Offering in the national editions of the Wall Street Journal and New York Times, if requested by the underwriters, (ix) the costs associated with the bound volumes of the Offering materials as well as commemorative mementos and lucite tombstones, each of which the Company or its designee will provide within a reasonable time after the Closing in such quantities as the Underwriters may reasonably request; (x) the fees and expenses of the Company's accountants; (xi) the fees and expenses of the Company's legal counsel and other agents and representatives; (xii) up to $21,775 cost associated with the use of Ipreo's book building, prospectus tracking and compliance software for the Offering; and (xiii) up to $20,000 of the Underwriters' actual accountable expenses for the Offering; provided, however, that the aggregate amount that the Company shall pay under the preceding clauses (iii), (viii), (ix), (xii) and (xiii) shall not exceed $25,000. The Underwriters may also deduct from the net proceeds of the Offering payable to the Company on the Closing Date, or the Option Closing Date, if any, the expenses set forth herein to be paid by the Company to the Underwriters. -17- (b) The Company further agrees that, in addition to the expenses payable pursuant to Section 5(a), on the Closing Date it shall pay to the Representative, by deduction from the net proceeds of the Offering contemplated herein, a non-accountable expense allowance equal to one percent (1%) of the gross proceeds received by the Company from the sale of the Firm Stock (excluding the Over-allotment Option). View More