Reimbursement of Underwriter’s Expenses Clause Example with 16 Variations from Business Contracts

Reimbursement of Underwriter’s Expenses. Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, as a result of an event described in Sections 6(j), 6(k) or 6(l)(i)(B), (b) the Company shall fail to tender the Stock Closing Securities for delivery to the Underwriter for any reason not permitted under this Agreement, or (c) the Underwriter shall decline to purchase the Stock for any reason permitted under this Agreement or (d) the sale of the Stock Closing Secur...ities is not consummated because any condition to the obligations of the Underwriter set forth herein is not satisfied or because of the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with the provisions hereof, then in addition to then, the payment of amounts Company shall reimburse the Underwriter's reasonable out-of-pocket expenses in accordance with Section 5, 5 and, in addition, the Company shall reimburse the Underwriter for the reasonable fees and expenses of the Underwriter's counsel and for such all other accountable out-of-pocket expenses as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase of the Stock, including, without limitation, travel Offering, and lodging expenses of the Underwriter, and promptly upon demand the Company shall pay the full amount thereof to the Underwriter on behalf of the Underwriter. 34 10. Effectiveness. This Agreement shall become effective upon the execution and delivery hereof by the parties hereto. View More

Reimbursement of Underwriter’s Expenses. Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, 7, (b) the Company shall fail to tender the Stock for delivery to the Underwriter for any reason not permitted under this Agreement, (c) the Underwriter shall decline to purchase the Stock for any reason permitted under this Agreement Agreement, or (d) the sale of the Stock is not consummated (i) because any condition to the obligations of the Underwriter set forth ...herein is not satisfied or (ii) because of the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with the provisions hereof, hereof (A) prior to the Closing Date, then in addition to the payment of amounts in accordance with Section 5, 4, the Company shall reimburse the Underwriter for the reasonable and documented fees and expenses of Underwriter's counsel and for such other out-of-pocket expenses as shall have been reasonably and actually incurred by them in connection with this Agreement and the proposed purchase of the Stock, including, without limitation, travel and lodging expenses of the Underwriter, and upon demand the Company shall pay the full amount thereof to BTIG and (B) after the Underwriter. Closing Date but prior to any Option Closing Date with respect to the purchase of any Optional Stock pursuant to a notice delivered by BTIG to the Company under Section 2 hereof, the Company shall reimburse the Underwriter for the reasonable and documented fees and expenses of Underwriter's counsel and for such other out-of-pocket expenses as shall have been reasonably and actually incurred by them following the Closing Date pursuant to this Agreement in connection with the proposed purchase of such Optional Stock, and upon demand the Company shall pay the full amount thereof to BTIG, provided that, in no event shall the Company be obligated to reimburse the Underwriter pursuant to clauses (a), (c) or (d)(i) above in an amount in excess of $100,000 in the aggregate. View More

Reimbursement of Underwriter’s Expenses. Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, (b) the Company shall fail to tender the Stock for delivery to the Underwriter for any reason not permitted under this Agreement, (c) the Underwriter shall decline to purchase the Stock for any reason permitted under this Agreement Agreement, or (d) the sale of the Stock is not consummated (i) because any condition to the obligations of the Underwriter set forth her...ein is not satisfied or (ii) because of the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with the provisions hereof, hereof (A) prior to the Closing Date, then in addition to the payment of amounts in accordance with Section 5, the Company shall reimburse the Underwriter for the reasonable and documented fees and expenses of Underwriter's counsel and for such other out-of-pocket expenses as shall have been reasonably and actually incurred by them in connection with this Agreement and the proposed purchase of the Stock, including, without limitation, travel and lodging expenses of the Underwriter, and upon 26 demand the Company shall pay the full amount thereof to BTIG and (B) after the Underwriter. Closing Date but prior to any Option Closing Date with respect to the purchase of any Optional Stock pursuant to a notice delivered by BTIG to the Company under Section 3 hereof, the Company shall reimburse the Underwriter for the reasonable and documented fees and expenses of Underwriter's counsel and for such other out-of-pocket expenses as shall have been reasonably and actually incurred by them following the Closing Date pursuant to this Agreement in connection with the proposed purchase of such Optional Stock, and upon demand the Company shall pay the full amount thereof to BTIG, provided that, in no event shall the Company be obligated to reimburse the Underwriter pursuant to clauses (a), (c) or (d)(i) above in an amount in excess of $100,000 in the aggregate. View More

Reimbursement of Underwriter’s Expenses. Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, as a result of an event described in Sections 6(k), 6(l) or 6(m)(i)(B), (b) the Company shall fail to tender the Stock Shares for delivery to the Underwriter for any reason not permitted under this Agreement, or (c) the Underwriter shall decline to purchase the Stock for any reason permitted under this Agreement or (d) the sale of the Stock Shares is not consummated... because any condition to the obligations of the Underwriter set forth herein is not satisfied or because of the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with the provisions hereof, then in addition to then, the payment of amounts Company shall reimburse the Underwriter's reasonable out-of-pocket expenses in accordance with Section 5, 5 and, in addition, the Company shall reimburse the Underwriter for the reasonable fees and expenses of the Underwriter's counsel and for such all other accountable out-of-pocket expenses as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase of the Stock, including, without limitation, travel Offering, and lodging expenses of the Underwriter, and promptly upon demand the Company shall pay the full amount thereof to the Underwriter on behalf of the Underwriter. View More

Reimbursement of Underwriter’s Expenses. Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, (b) the Company shall fail to tender the Stock Units for delivery to the Underwriter Underwriters for any reason not permitted under this Agreement, (c) the Underwriter Underwriters shall decline to purchase the Stock Units for any reason permitted under this Agreement or (d) the sale of the Stock Units is not consummated because any condition to the obligations of ...the Underwriter set forth herein is not satisfied or because of the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with the provisions hereof, then in addition subject to the payment of amounts limitations set forth in accordance with Section 5, 6, the Company shall reimburse the Underwriter Representative for the reasonable documented and accountable fees and expenses of Underwriter's Representative's counsel and for such other out-of-pocket expenses as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase of the Stock, including, without limitation, travel and lodging expenses of the Underwriter, Units, and upon demand the Company shall pay the full amount thereof to the Underwriter. thereof. View More

Reimbursement of Underwriter’s Expenses. Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, 8 or 10, (b) the Company shall fail to tender the Stock for delivery to the Underwriter for any reason not permitted under this Agreement, (c) the Underwriter shall decline to purchase the Stock for any reason permitted under this Agreement or (d) the sale of the Stock is not consummated because any condition to the obligations of the Underwriter set forth herein is... not satisfied or because of the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with the provisions hereof, then in addition to the payment of amounts in accordance with Section 5, the Company shall reimburse the Underwriter for the reasonable documented fees and out-of-pocket expenses of Underwriter's Underwriter' counsel and for such other documented out-of-pocket expenses as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase of the Stock, including, without limitation, documented travel and lodging expenses of the Underwriter, and upon demand the Company shall pay the full amount thereof to the Underwriter. Underwriter; provided that if this Agreement is terminated pursuant to Section 10 by reason of the default of one or more Underwriter, the Company shall not be obligated to reimburse any defaulting Underwriter on account of expenses to the extent incurred by such defaulting Underwriter; provided further that the foregoing shall not limit any reimbursement obligation of the Company to any non-defaulting Underwriter under this Section 9. View More

Reimbursement of Underwriter’s Expenses. Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, 8 for any of the events described in Section 6(i) or 6(j), (b) the Company shall fail to tender the Stock for delivery Shares to the Underwriter for any reason not permitted under this Agreement, (c) the Underwriter shall decline to purchase the Stock Shares for any reason permitted under this Agreement or (d) the sale of the Stock Shares is not consummated because ...any condition to the obligations of the Underwriter set forth herein is not satisfied or because of the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with the provisions hereof, then in addition to then, the payment of amounts Company shall reimburse the Underwriter's out-of-pocket expenses in accordance with Section 5, 5 and, in addition, the Company shall reimburse the Underwriter for the reasonable fees and expenses of the Underwriter's counsel and for such all other accountable out-of-pocket expenses as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase of the Stock, including, without limitation, travel Offering, and lodging expenses of the Underwriter, and promptly upon demand the Company shall pay the full amount thereof to the Underwriter. View More

Reimbursement of Underwriter’s Expenses. Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, (b) the Company shall fail to tender the Stock Securities for delivery to the Underwriter for any reason not permitted under this Agreement, (c) the Underwriter shall decline to purchase the Stock Securities for any reason permitted under this Agreement or (d) the sale of the Stock Securities is not consummated because any condition to the obligations of the Underwr...iter set forth herein is not satisfied or because of the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with the provisions hereof, then in addition to the payment of amounts in accordance with Section 5, the Company shall shall, pro rata based on the number of Securities it agreed to sell hereunder, reimburse the Underwriter for the reasonable and documented fees and expenses of Underwriter's counsel and for such other reasonable and documented out-of-pocket expenses as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase of the Stock, Securities, including, without limitation, reasonable travel and lodging expenses of the Underwriter, and upon demand the Company shall pay the full amount thereof to the Underwriter. View More

Reimbursement of Underwriter’s Expenses. Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, (b) the Company shall fail to tender the Stock for delivery to the Underwriter for any reason not permitted under this Agreement, (c) the Underwriter shall decline to purchase the Stock for any reason permitted under this Agreement or (d) the sale of the Stock Securities is not consummated because any condition to the obligations of the Underwriter set forth herein ...in Section 6 is not satisfied or because of the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with the provisions hereof, then in addition to the payment of amounts in accordance with Section 5, the Company shall reimburse the Underwriter for the fees and expenses of Underwriter's counsel and for such other out-of-pocket expenses as shall have been reasonably incurred by them it in connection with this Agreement and the proposed purchase of the Stock, Securities, including, without limitation, travel and lodging expenses of the Underwriter, and upon demand the Company shall pay the full amount thereof to the Underwriter. View More

Reimbursement of Underwriter’s Expenses. Notwithstanding anything to the contrary in this Agreement, if (a) this Agreement shall have been terminated pursuant to Section 8, 8 or 10, (b) the Company shall fail to tender the Stock for delivery to the Underwriter Underwriters for any reason not permitted under this Agreement, (c) the Underwriter Underwriters shall decline to purchase the Stock for any reason permitted under this Agreement or (d) the sale of the Stock is not consummated because any condition to the obligations of the Under...writer Underwriters set forth herein is not satisfied or because of the refusal, inability or failure on the part of the Company to perform any agreement herein or to satisfy any condition or to comply with the provisions hereof, then in addition to the payment of amounts in accordance with Section 5, the Company shall reimburse the Underwriter Underwriters for the fees and expenses of Underwriter's counsel and for such other out-of-pocket expenses as shall have been reasonably incurred by them in connection with this Agreement and the proposed purchase of the Stock, including, without limitation, travel and lodging expenses of the Underwriter, Underwriters, and upon demand the Company shall pay the full amount thereof to the Underwriter. Representative; provided that if this Agreement is terminated pursuant to Section 10 by reason of the default of one or more Underwriters, the Company shall not be obligated to reimburse any defaulting Underwriter on account of expenses to the extent incurred by such defaulting Underwriter provided further that the foregoing shall not limit any reimbursement obligation of the Company to any non-defaulting Underwriter under this Section 9. View More