Allocation; Payment Mechanics Clause Samples

Allocation; Payment Mechanics. All Total IPO Compensation shall be allocated fifty percent (50%) to Chardan and fifty percent (50%) to DBC with both C▇▇▇▇▇▇ and DBC being paid directly from the flow of funds. To the extent any excess (based on the allocation above) Total IPO Compensation is paid or payable directly to DBC or Chardan (rather than jointly to C▇▇▇▇▇▇ and DBC), either DBC or Chardan shall hold the other’s fifty percent (50%) share in trust and shall remit such share to Chardan or DBC within three (3) business days of receipt. Neither Chardan, DBC nor any Aeon Party shall direct or instruct any payor to route compensation in a manner designed to circumvent the 50/50 allocation. For the avoidance of doubt, as between C▇▇▇▇▇▇ and DBC only, any underwriting compensation payable to them in connection with the IPO under the definitive underwriting documents shall be allocated fifty percent (50%) to Chardan and fifty percent (50%) to DBC, irrespective of the internal allocation of orders, sales credit, or participation credit between them. To the extent necessary to effect that allocation, any equalization payments shall be made solely between C▇▇▇▇▇▇ and DBC. This split shall not increase or otherwise modify the amount of underwriting compensation payable by Aeon Acquisition, and neither Aeon Acquisition nor its trust account shall have any responsibility for or fund any payment required to effect that split.