Common use of Cash Clause in Contracts

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 5 contracts

Samples: Exchange Agreement (Baker Hughes Inc), Restructuring Agreement (TPG Advisors Ii Inc), Securities Purchase Agreement (Stan Lee Media Inc)

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Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 5 contracts

Samples: And Amended Stock Option and Warrant Agreement (American Equity Investment Life Holding Co), Purchase Agreement (Watermarc Food Management Co), Nestor Inc

Cash. In the case of the issuance of shares of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such shares of Common Stock before deducting therefrom any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.; and

Appears in 4 contracts

Samples: Warrant Purchase Agreement (Brantley Capital Corp), Warrant Purchase Agreement (Waterlink Inc), Warrant Agreement (Waterlink Inc)

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before after deducting therefrom any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 3 contracts

Samples: Gexa Corp, Acr Group Inc, Acr Group Inc

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom plus any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Holiday Rv Superstores Inc), Securities Purchase Agreement (Holiday Rv Superstores Inc), Securities Purchase Agreement (Holiday Rv Superstores Inc)

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company Corporation shall be deemed to be the amount of the cash proceeds received by the Company Corporation for such Common Stock before deducting therefrom any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company Corporation for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 3 contracts

Samples: Shareholders Agreement (O'Gara Group, Inc.), Shareholders Agreement (O'Gara Group, Inc.), Registration Rights Agreement (Remote MDX Inc)

Cash. In the case of the issuance of Common Stock Shares for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock Shares before deducting therefrom (y) any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.thereof and (z) any amount paid or payable for accrued interest or accrued dividends; and

Appears in 2 contracts

Samples: Spatialight Inc, Tripp Steven Francis

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed considered to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Amre Inc), Ocean Energy Inc /Tx/

Cash. In the case of the issuance of Common Stock for cash, the ---- amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 2 contracts

Samples: Exchange Agreement (Tuboscope Vetco International Corp), Subscription Agreement (Tuboscope Vetco International Corp)

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock shares before deducting therefrom any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 1 contract

Samples: Restructuring Agreement (Cypress Group LLC)

Cash. In the case of the issuance of Common Stock for ---- cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 1 contract

Samples: Debenture Agreement (Earthcare Co)

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before after deducting therefrom any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 1 contract

Samples: Acr Group Inc

Cash. In the case of the issuance of shares of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such shares of Common Stock before deducting therefrom any discounts, commissionscommission, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.; and

Appears in 1 contract

Samples: Warrant Purchase Agreement (Athersys Inc /Oh)

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Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company corporation shall be deemed to be the amount of the cash proceeds received by the Company corporation for such Common Stock before deducting therefrom any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company corporation for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 1 contract

Samples: Preferred Stock Exchange Agreement (Comprehensive Care Corp)

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.. Series I Preferred Stock

Appears in 1 contract

Samples: Restructuring Agreement (Cypress Group LLC)

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company Corporation for such Common Stock before deducting therefrom plus any discounts, commissions, taxes or other expenses allowed, paid paid, granted or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 1 contract

Samples: Holiday Rv Superstores Inc

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the gross cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 1 contract

Samples: Nestor Inc

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the the. amount of the cash proceeds received by the Company for such Common Stock before deducting therefrom any reasonable discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 1 contract

Samples: American Equity Investment Life Holding Co

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company shall be deemed to be the amount of the cash proceeds received by the Company for such Common Stock before after deducting therefrom any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 1 contract

Samples: Acr Group Inc

Cash. In the case of the issuance of Common Stock for cash, the amount of the consideration received by the Company Borrower shall be deemed to be the amount of the cash proceeds received by the Company Borrower for such Common Stock before deducting therefrom there from any discounts, commissions, taxes or other expenses allowed, paid or incurred by the Company Borrower for any underwriting or otherwise in connection with the issuance and sale thereof.

Appears in 1 contract

Samples: Loan Agreement (Univec Inc)

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