Common use of ENGAGEMENT TERM Clause in Contracts

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8, 2023 and (ii) the Closing Date (such date, the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 3 contracts

Samples: Nxu, Inc., Nxu, Inc., Nxu, Inc.

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ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8June 30, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before within seven business days of the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees agree not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 3 contracts

Samples: Placement Agency Agreement (Foresight Autonomous Holdings Ltd.), Foresight Autonomous Holdings Ltd., Foresight Autonomous Holdings Ltd.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8January 30, 2023 2024 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 3 contracts

Samples: ZyVersa Therapeutics, Inc., ZyVersa Therapeutics, Inc., ZyVersa Therapeutics, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8July 17, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 3 contracts

Samples: ZyVersa Therapeutics, Inc., ZyVersa Therapeutics, Inc., ZyVersa Therapeutics, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8March 1, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 2 contracts

Samples: Myomo, Inc., Myomo, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until ninety (90) days after the earlier effectiveness of (i) August 8, 2023 and (ii) the Closing Date (such date, Registration Statement. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 2 contracts

Samples: Brenmiller Energy Ltd., Brenmiller Energy Ltd.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 89, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed and expenses incurred as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 2 contracts

Samples: Allarity Therapeutics, Inc., Allarity Therapeutics, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8December 1, 2023 2022 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 2 contracts

Samples: ONCOSEC MEDICAL Inc, ONCOSEC MEDICAL Inc

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 85, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 2 contracts

Samples: Greenlane Holdings, Inc., Greenlane Holdings, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8September 5, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 2 contracts

Samples: ZyVersa Therapeutics, Inc., ZyVersa Therapeutics, Inc.

ENGAGEMENT TERM. The Placement Agent’s 's engagement hereunder will be until the earlier of (i) August 8September 30, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the "Termination Date.”) " In the event, however, in the course of the Placement Agent’s 's performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s 's obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Flora Growth Corp.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8April 30, 2023 2024 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof and fees with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: NeuroSense Therapeutics Ltd.

ENGAGEMENT TERM. The Placement Agent’s Agents’ engagement hereunder will be until the earlier of (i) August 8January 31, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s Agents’ performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent Agents may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent Agents as set forth in Section 3 shall be paid by the Company to the Placement Agent Agents on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees Agents agree not to use any confidential information concerning the Company provided to the Placement Agent Agents by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Genprex, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8December 31, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Genprex, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8June 15, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Ocuphire Pharma, Inc.

ENGAGEMENT TERM. The Placement Agent’s Agents’ engagement hereunder will be until the earlier of (i) August 8December 31, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s Agents’ performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent Agents may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent Agents as set forth in Section 3 shall be paid by the Company to the Placement Agent Agents on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees Agents agree not to use any confidential information concerning the Company provided to the Placement Agent Agents by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Oragenics Inc

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August July 8, 2023 2022 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before within seven business days of the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees agree not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: MeaTech 3D Ltd.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August June 8, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Englobal Corp

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8December 15, 2023 2020 and (ii) the Second Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof and fees with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof hereof, and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Opgen Inc

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8June 5, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Inuvo, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8July 30, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Tonix Pharmaceuticals Holding Corp.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8October 31, 2023 2022 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Greenlane Holdings, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8November 13, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Myomo, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8September 26, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Motus GI Holdings, Inc.)

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8February 28, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Genprex, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8June 15, 2023 2018 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Kush Bottles, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8July 30, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Orbital Energy Group, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August March 8, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: BTCS Inc.

ENGAGEMENT TERM. The Placement Agent’s Agents’ engagement hereunder will be until the earlier of (i) August 8March 31, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s Agents’ performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent Agents may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent Agents as set forth in Section 3 shall be paid by the Company to the Placement Agent Agents on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees Agents agree not to use any confidential information concerning the Company provided to the Placement Agent Agents by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (One Stop Systems, Inc.)

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8May 15, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees agree not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Super League Gaming, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8November 13, 2023 2018 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Cannabics Pharmaceuticals Inc.

ENGAGEMENT TERM. The Placement Agent’s Agents’ engagement hereunder will be until the earlier of (i) August 8December 31, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s Agents’ performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent Agents may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent Agents as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before Agents within seven business days of the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees Agents agree not to use any confidential information concerning the Company provided to the Placement Agent Agents by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Foresight Autonomous Holdings Ltd.)

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8February 19, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof and fees with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Opgen Inc

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8July 31, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before within seven business days of the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees agree not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Safe-T Group Ltd.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8January 31, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Tonix Pharmaceuticals Holding Corp.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8April 1, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Tonix Pharmaceuticals Holding Corp.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8January 31, 2023 2019 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s Agents’ performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent Agents may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent Agents shall be paid by the Company to the Placement Agent Agents on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees Agents agree not to use any confidential information concerning the Company provided to the Placement Agent Agents by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: KushCo Holdings, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8July 31, 2023 2019 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities Shares if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: LiveXLive Media, Inc.

ENGAGEMENT TERM. The engagement of the Placement Agent’s engagement Agents hereunder will be until the earlier of (i) August 8, 2023 and (ii) the Closing Date (such dateand May 24, 2023. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s Agents’ performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent Agents may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein herein, as well as provisions in Sections 10 – 16 hereof will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees and expenses due to the Placement Agent Agents as set forth in Section 3 and Section 4 shall be paid by the Company to the Placement Agent Agents on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees Agents agree not to use any confidential information concerning the Company provided to the Placement Agent Agents by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Letter Agreement (Upexi, Inc.)

ENGAGEMENT TERM. The Placement Agent’s Agent engagement hereunder will shall be until the earlier of (i) August 8November 30, 2023 2021 and (ii) the Closing Date final closing date of the Placement (such date, the “Termination Date.” and the period of time during which this Agreement remains in effect is referred to herein as the “Term) In the event); provided, however, in that either party may terminate this Agreement on or after the course of tenth (10th) day following the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so date hereof upon two (2) days prior written notice to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placementother party. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof, expense reimbursement pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein and the Company’s obligations contained in the Indemnification Provisions will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees and expense reimbursement due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the such Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Personal and Confidential (Golden Matrix Group, Inc.)

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 820, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Qualigen Therapeutics, Inc.)

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8December 10, 2023 2021, and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Qualigen Therapeutics, Inc.)

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8February 29, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: KushCo Holdings, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 830, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Greenlane Holdings, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8February 28, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: KushCo Holdings, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8July 20, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Inmune Bio, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8June 15, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Nogin, Inc.

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ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8February 15, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Englobal Corp

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8January 31, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Cocrystal Pharma, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8July 31, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Qualigen Therapeutics, Inc.)

ENGAGEMENT TERM. The Placement Agent’s Agent engagement hereunder will shall be until the earlier of (i) August 8, 2023 three (3) months and (ii) the Closing Date final closing date of the Placement (such date, the “Termination Date.” and the period of time during which this Agreement remains in effect is referred to herein as the “Term) In the event); provided, however, in that either party may terminate this Agreement on or after the course of thirtieth (30th) day following the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so date hereof upon thirty days prior written notice to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placementother party. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof, expense reimbursement pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein and the Company’s obligations contained in the Indemnification Provisions will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees and expense reimbursement due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees agree not to use any confidential information concerning the Company provided to the such Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Personal and Confidential (Unicycive Therapeutics, Inc.)

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8March 31, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Tonix Pharmaceuticals Holding Corp.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August January 8, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Orbital Energy Group, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8__________, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Digital Ally, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8March 31, 2023 2024 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Spire Global, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8May 15, 2023 2022 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Orbital Energy Group, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8June 30, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof and fees with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: NeuroSense Therapeutics Ltd.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8July 4, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Inuvo, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 821, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Tiziana Life Sciences PLC)

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8[•], 2023 2024 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Myomo, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8February 10, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees agree not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Pluristem Therapeutics Inc)

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8February 19, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Inuvo, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8January 28, 2023 2024 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before within seven business days of the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees agree not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Foresight Autonomous Holdings Ltd.)

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8January 25, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Orbital Energy Group, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8March 31, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: ONCOSEC MEDICAL Inc

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8October 31, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees and expenses pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees or expenses due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees or expenses are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Versus Systems Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8February 22, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Ion Geophysical Corp

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8, 2023 the 90th day after this Agreement and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Ring Energy, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8July 29, 2023 2022 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: VivoPower International PLC

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8January 31, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the PlacementOffering. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the PlacementOffering, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: HEXO Corp.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8December 29, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Placement Agency Agreement (Qualigen Therapeutics, Inc.)

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8December 31, 2023 2019 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the PlacementOffering. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the PlacementOffering, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: HEXO Corp.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8June 6, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed and expenses incurred as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Allarity Therapeutics, Inc.

ENGAGEMENT TERM. The Placement Agent’s Agents’ engagement hereunder will be until the earlier of (i) August 8February 28, 2023 2020 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s Agents’ performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent Agents may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent Agents as set forth in Section 3 shall be paid by the Company to the Placement Agent Agents on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees Agents agree not to use any confidential information concerning the Company provided to the Placement Agent Agents by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Genprex, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8February 13, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, deems it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Inuvo, Inc.

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8March 30, 2023 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Enservco Corp

ENGAGEMENT TERM. The Placement Agent’s engagement hereunder will be until the earlier of (i) August 8February 26, 2023 2021 and (ii) the Closing Date (such date, Date. The date of termination of this Agreement is referred to herein as the “Termination Date.”) In the event, however, in the course of the Placement Agent’s performance of due diligence it deems, it necessary to terminate the engagement, the Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality, indemnification and contribution contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated by the Company prior to the completion of the Placement, all fees due to the Placement Agent as set forth in Section 3 shall be paid by the Company to the Placement Agent on or before within seven business days of the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees agree not to use any confidential information concerning the Company provided to the Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

Appears in 1 contract

Samples: Safe-T Group Ltd.

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