Common use of Allocation of Expense and Liability Clause in Contracts

Allocation of Expense and Liability. We authorize you to charge our account with, and we agree to pay (a) all transfer taxes on sales made by you for our account, except as herein otherwise provided, and (b) our proportionate share (based on our underwriting obligations) of all expenses in excess of those reimbursed by the Company incurred by you in connection with the purchase, carrying and distribution, or proposed purchase and distribution, of the Securities and all other expenses arising under the terms of the Underwriting Agreement or this Agreement. Your determination of all such expenses and your allocation thereof shall be final and conclusive. Funds for our account at any time in your hands as our Representative may be held in your general funds without accountability for interest. As soon as practicable after the termination of this Agreement, the net credit or debit balance in our account, after proper charge and credit for all interim payments and receipts, shall be paid to or paid by us, provided, however, that you, in your discretion, may reserve from distribution an amount to cover possible additional expenses chargeable to the several Underwriters.

Appears in 17 contracts

Samples: Underwriting Agreement (Whitney Information Network Inc), Nations Express (Nations Express Inc), Immtech International Inc

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Allocation of Expense and Liability. We authorize you to charge our account with, with and we agree to pay (a) all transfer taxes on sales made by you for our account, except as herein otherwise provided, and (b) our proportionate share (based on our underwriting obligations) of all expenses in excess of those reimbursed by the Company incurred by you in connection with the purchase, carrying carrying, and distribution, or proposed purchase and distribution, of the Securities Shares and all other expenses arising under the terms of the Underwriting Agreement or this Agreement. Your determination of all such expenses and your allocation thereof shall be final and conclusive. Funds for our account at any time in your hands as our Representative may be held in your general funds without accountability for interest. As soon as practicable after the termination of this Agreement, the net credit or debit balance in our account, after proper charge and credit for all interim payments and receipts, shall be paid to or paid by us, ; provided, however, that you, you in your discretion, discretion may reserve from distribution an amount establish such reserves as you deem advisable to cover possible additional expenses chargeable to the several Underwriters.

Appears in 3 contracts

Samples: Big Dog Entertainment Inc, Big Dog Entertainment Inc, Mikes Original Inc

Allocation of Expense and Liability. We authorize you to charge our account with, with and we agree to pay (a) all transfer taxes on sales made by you for our account, except as herein otherwise provided, and (b) our proportionate share (based on our underwriting obligations) of all expenses in excess of those reimbursed by the Company incurred by you in connection with the purchase, carrying and distribution, or proposed purchase and distribution, of the Securities Shares and all other expenses arising under the terms of the Underwriting Agreement or this Agreement. Your determination of all such expenses and your allocation thereof shall be final and conclusive. Funds for our account at any time in your hands hand as our Representative may be held in your general funds without accountability for interest. As soon as practicable after the termination of this Agreement, the net credit or debit balance in our account, after proper charge and credit for all interim payments and receipts, shall be paid to or paid by us, provided, however, provided that you, you in your discretion, discretion may reserve from distribution an amount to cover possible additional expenses chargeable to the several Underwriters. Notwithstanding any settlement, we will remain liable for any taxes on transfers for our account and for our proportionate share (based on our underwriting obligation) of all expenses and liabilities that may be incurred for the accounts of the underwriters.

Appears in 2 contracts

Samples: Ready Mix, Inc., Ready Mix, Inc.

Allocation of Expense and Liability. We authorize you to charge our account with, with and we agree to pay (a) all transfer taxes on sales made by you for our account, except as herein otherwise provided, and (b) our proportionate share (based on our underwriting obligations) of all expenses in excess of those reimbursed by the Company incurred by you in connection with the purchase, carrying and distribution, or proposed purchase and distribution, of the Securities Shares and all other expenses arising under the terms of the Underwriting Agreement or this Agreement. Your determination of all such expenses and your allocation thereof shall be final and conclusive. Funds for our account at any time in your hands as our Representative may be held in your general funds without accountability for interest. As soon as practicable after the termination of this Agreement, the net credit or debit balance in our account, after proper charge and credit for all interim payments and receipts, shall be paid to or paid by us, provided, however, provided that you, you in your discretion, discretion may reserve from distribution an amount to cover possible additional expenses chargeable to the several Underwriters.

Appears in 2 contracts

Samples: HLM Design Inc, HLM Design Inc

Allocation of Expense and Liability. We authorize you to charge our account with, with and we agree to pay (a) all transfer taxes on sales made by you for our account, except as herein otherwise provided, and (b) our proportionate share (based on our underwriting obligations) of all expenses in excess of those reimbursed by the Company incurred by you in connection with the purchase, carrying carrying, and distribution, or proposed purchase and distribution, of the Securities Shares and/or Warrants and all other expenses arising under the terms of the Underwriting Agreement or this Agreement. Your determination of all such expenses and your allocation thereof shall be final and conclusive. Funds for our account at any time in your hands as our Representative may be held in your general funds without accountability for interest. As soon as practicable after the termination of this Agreement, the net credit or debit balance in our account, after proper charge and credit for all interim payments and receipts, shall be paid to or paid by us, ; provided, however, that you, you in your discretion, discretion may reserve from distribution an amount establish such reserves as you deem advisable to cover possible additional expenses chargeable to the several Underwriters.

Appears in 2 contracts

Samples: Ripe Touch Greenhouses Inc/, Mikes Original Inc

Allocation of Expense and Liability. We authorize you to charge our account with, with and we agree to pay (a) all transfer taxes on sales made by you for our account, except as herein otherwise provided, and (b) our proportionate share (based on our underwriting obligations) of all expenses in excess of those reimbursed by the Company incurred by you in connection with the purchase, carrying carrying, and distribution, or proposed purchase and distribution, of the Shares, Warrants and/or Additional Securities and all other expenses arising under the terms of the Underwriting Agreement or this Agreement. Your determination of all such expenses and your allocation thereof shall be final and conclusive. Funds for our account at any time in your hands as our Representative may be held in your general funds without accountability for interest. As soon as practicable after the termination of this Agreement, the net credit or debit balance in our account, after proper charge and credit for all interim payments and receipts, shall be paid to or paid by us, ; provided, however, that you, you in your discretion, discretion may reserve from distribution an amount establish such reserves as you deem advisable to cover possible additional expenses chargeable to the several Underwriters.

Appears in 1 contract

Samples: Mikes Original Inc

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Allocation of Expense and Liability. We authorize you to charge our account with, and we agree to pay (a) all transfer taxes on sales made by you for our account, except as herein otherwise provided, and (b) our proportionate share (based on our underwriting obligations) of all expenses in excess of those reimbursed by the Company incurred by you in connection with the purchase, carrying and distribution, or proposed purchase and distribution, of the Securities and all other expenses arising under the terms of the Underwriting Agreement or this Agreement. Your determination of all such expenses and your allocation thereof shall will be final and conclusive. Funds for our account at any time in your hands hands, as our Representative Representative, may be held in your general funds without accountability for interest. As soon as practicable after the termination of this Agreement, the net credit or debit balance in our account, after proper charge and credit for all interim payments and receipts, shall will be paid to or paid by us. However, provided, however, that you, in your discretion, you may reserve from distribution an amount to cover possible additional expenses chargeable to the several Underwriters.

Appears in 1 contract

Samples: Mgi2 Inc

Allocation of Expense and Liability. We authorize you to charge our account with, and we agree to pay (a) all transfer taxes on sales made by you for our account, except as herein otherwise provided, and (b) our proportionate share (based on our underwriting obligations) of all expenses in excess of those reimbursed by the Company incurred by you in connection with the purchase, carrying and distribution, or proposed purchase and distribution, of the Securities and all other expenses arising under the terms of the Underwriting Agreement or this Agreement. Your determination of all such expenses and your allocation thereof shall be final and conclusive. Funds for our account at any time in your hands as our Representative may be held in your general funds -4- without accountability for interest. As soon as practicable after the termination of this Agreement, the net credit or debit balance in our account, after proper charge and credit for all interim payments and receipts, shall be paid to or paid by us, provided, however, that you, in your discretion, may reserve from distribution an amount to cover possible additional expenses chargeable to the several Underwriters.

Appears in 1 contract

Samples: Meteor Industries Inc

Allocation of Expense and Liability. We authorize you to charge our account with, with and we agree to pay (a) all transfer taxes on sales made by you for our account, except as herein otherwise provided, and (b) our proportionate share (based on our underwriting obligations) of all expenses in excess of those reimbursed by the Company incurred by you in connection with the purchase, carrying and distribution, or proposed purchase and distribution, of the Securities Shares and all other expenses arising rising under the terms of the Underwriting Agreement or this Agreement. Your determination of all such expenses and any your allocation thereof shall be final and conclusive. Funds for our account at any time in your hands as our Representative may be held in your general funds without accountability for interest. As soon as practicable after the termination of this Agreement, the net credit or debit balance in our account, after proper charge and credit for all interim payments and receipts, shall be paid to or paid by us, provided, however, provided that you, you in your discretion, discretion may reserve from distribution an amount to cover possible additional expenses chargeable to the several Underwriters.

Appears in 1 contract

Samples: TBC Capital Statutory Trust

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