Best Efforts Offering Sample Clauses

Best Efforts Offering. If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations and warranties included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.
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Best Efforts Offering. If you communicate to us that a particular offering is being made on a best efforts basis, then the terms in this Section 3(j) apply and other inconsistent terms in this Agreement do not apply.
Best Efforts Offering. If an Offering is on a best-efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Wxxxxxxxxx. Wxxxxxxxxx shall be a third-party beneficiary with respect to the representations, warranties, covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.
Best Efforts Offering. If the Public Offering is on a best efforts basis, the sale of Securities to the investors in the Public Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Wxxxxxxxxx. Wxxxxxxxxx shall be a third party beneficiary of any representations, warranties, covenants and closing conditions made by the Company in any Offering Documents, including representations, warranties, covenants and closing conditions made to any investor in the Public Offering. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.
Best Efforts Offering. The Company hereby invites the Broker-Dealer, --------------------- on a "best efforts" basis, to offer and sell up to Thirteen Million Dollars ($13,000,000.00) of the Preferred Stock in accordance with the terms and conditions described herein and in the Memorandum. The Broker-Dealer agrees to use its best efforts to sell such shares in accordance with these terms and conditions. In the event that the Company decides to terminate the offering before selling all the shares being offered, the Company will notify Broker- Dealer in writing as provided herein and give Broker-Dealer fifteen (15) days to close-out and submit its existing subscription commitments.
Best Efforts Offering. The sale of Securities to the investors in the Offering will be evidenced by a purchase agreement ("Purchase Agreement") between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.
Best Efforts Offering. The Company hereby engages Oppenheimer to act as its exclusive agent during the term of the offering as outlined herein to sell shares of Common Stock and Warrants (the “Securities”), on a “best efforts” basis (the “Offering”). Oppenheimer intends to market the Offering on the terms as set forth in the Term Sheet attached hereto as Exhibit A. The Securities shall be offered without registration under the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder (the “Act”) pursuant to the exemption from registration created by Regulation D thereof.
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Best Efforts Offering. The Company hereby engages Oppenheimer to act as its exclusive placement agent during the term of the offering as outlined herein to sell at least $20 million of Common Stock and Warrants (the “Securities”), on a “best efforts” basis (the “Offering”). Oppenheimer intends to market the Offering on the terms as set forth in the Term Sheet attached hereto as Exhibit A. The Securities shall be offered without registration under the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder (the “Act”) pursuant to the exemption from registration created by Regulation D thereof. It is understood that no sale with respect to the Offering shall be regarded as effective unless and until accepted in writing by the Company. The Company may, in its sole discretion, accept or reject in whole or in part any prospective investment in the Securities or allot to any prospective subscriber less than the number of Securities that such subscriber desires to purchase. The Placement Agent shall have no authority to bind the Company and the Company may in its sole discretion postpone, modify, abandon or terminate the Offering prior to closing.
Best Efforts Offering. There is no firm commitment on the part of Community Investment Services, Inc. ("Community") to purchase any or all of the Shares offered hereby. Rather, Community has agreed to sell the Shares on a "10,000 Shares or none, best efforts" basis. Accordingly, there can be no assurance that any or all of the Shares being offered hereby will be sold. Unless 10,000 Shares are sold, the offering will terminate and all funds theretofore received from the sale of the Shares will be promptly returned to the subscribers without deduction therefrom or interest thereon. Moreover, during the offering period, subscribers will not be entitled to a return of their subscriptions. Therefore, prospective investors in the Shares should consider that any funds used by them to purchase Shares in the offering could be unavailable for the entire duration of the offering period and, in the event that 10,000 Shares are not sold during the offering period, such funds could be returned to them at the close of the offering period without interest thereon.
Best Efforts Offering. (a) On the basis of the representations, warranties and agreements herein contained, and subject to the terms and conditions herein set forth, the Company appoints the Underwriter as its exclusive agent to effect sales of the Shares on a "best efforts" basis, for the account and risk of the Company, at a price of $1.00 per Share and upon the other terms and conditions set forth in the Prospectus. The Underwriter agrees to use its best efforts as such agent to procure purchasers for the Shares during a period commencing with the date of this Agreement and ending on _____________________. The Underwriter may, in its sole discretion, use the services of other brokers or dealers in connection with the offer and sale of the Shares and pay any portion of the Underwriter's compensation hereunder to such brokers or dealers who are members of the NASD.
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