Common use of Escrow and Settlement Clause in Contracts

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x clearing agent, pursuant to which Xxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of pocket cost of such clearing agent settlement and financing, if any.

Appears in 4 contracts

Samples: Letter Agreement (Apricus Biosciences, Inc.), Letter Agreement (CytoDyn Inc.), Letter Agreement (Evoke Pharma Inc)

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Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx Rxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Rxxxxx’x clearing agent, pursuant to which Xxxxxx’x Rxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx Rxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 Rxxxxx for the actual out of pocket cost of such clearing agent settlement and financing, if any.

Appears in 3 contracts

Samples: Letter Agreement (Amyris, Inc.), Letter Agreement (NeuroMetrix, Inc.), Letter Agreement (Eyegate Pharmaceuticals Inc)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x clearing agent, pursuant to which Xxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of out-of-pocket cost of such clearing agent settlement and financing, if any, which cost shall not exceed $10,000.

Appears in 3 contracts

Samples: Letter Agreement (Medigus Ltd.), Letter Agreement (Mateon Therapeutics Inc), Letter Agreement (Alphatec Holdings, Inc.)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x clearing agent, pursuant to which Xxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of pocket cost of such clearing agent settlement and financing, if any.

Appears in 3 contracts

Samples: Letter Agreement (Sysorex Global), Letter Agreement (BioPharmX Corp), Letter Agreement (Ds Healthcare Group, Inc.)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx Rxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Rxxxxx’x clearing agent, pursuant to which Xxxxxx’x Rxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx Rxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 Rxxxxx for the actual out of pocket cost of such clearing agent settlement and financing, if any, in an aggregate amount not to exceed $10,000.

Appears in 2 contracts

Samples: Letter Agreement (Hemispherx Biopharma Inc), Letter Agreement (Genvec Inc)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x clearing agent, pursuant to which Xxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of pocket cost of such clearing agent settlement and financing, if any, of $10,000.

Appears in 2 contracts

Samples: Letter Agreement (Cytrx Corp), Letter Agreement (Cytrx Corp)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x clearing agent, pursuant to which Xxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of pocket cost of such clearing agent settlement and financing, if anyin an aggregate amount not to exceed $10,000.

Appears in 2 contracts

Samples: Letter Agreement (Rexahn Pharmaceuticals, Inc.), Letter Agreement (Rexahn Pharmaceuticals, Inc.)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x clearing agent, pursuant to which Xxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of pocket cost up to $10,000 of such clearing agent settlement and financing, if any.

Appears in 2 contracts

Samples: Letter Agreement (Cancer Genetics, Inc), Letter Agreement (Cancer Genetics, Inc)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Xxxxxx'x clearing agent, pursuant to which Xxxxxx’x Xxxxxx'x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment ("DVP"), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of pocket cost of such clearing agent settlement and financing, if any.

Appears in 1 contract

Samples: Letter Agreement (Oxis International Inc)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx Rxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Rxxxxx’x clearing agent, pursuant to which Xxxxxx’x Rxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx Rxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 Rxxxxx for the actual out of pocket cost of such clearing agent settlement and financing, if any.

Appears in 1 contract

Samples: Letter Agreement (XTL Biopharmaceuticals LTD)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx Rxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Rxxxxx’x clearing agent, pursuant to which Xxxxxx’x Rxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx Rxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 Rxxxxx for the actual out of pocket cost of such clearing agent settlement and financing, if anyany for up to a total of $10,000.

Appears in 1 contract

Samples: Letter Agreement (Spherix Inc)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x clearing agent, pursuant to which Xxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of pocket cost of such clearing agent settlement and financing, if any, up to $10,000.

Appears in 1 contract

Samples: Letter Agreement (Innovus Pharmaceuticals, Inc.)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx Xxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Xxxxxxxxxx’x clearing agent, pursuant to which Xxxxxx’x Xxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”)payment, Xxxxxx Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 Xxxxxxxxxx for the actual out of pocket cost of such clearing agent settlement and financing, if any, in an aggregate amount not to exceed $10,000.

Appears in 1 contract

Samples: Letter Agreement (Rexahn Pharmaceuticals, Inc.)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Xxxxxx'x clearing agent, pursuant to which Xxxxxx’x Xxxxxx'x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment ("DVP"), Xxxxxx shall arrange for --- its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of out-of-pocket cost of such clearing agent settlement and financing, if any, which cost shall not exceed $10,000.

Appears in 1 contract

Samples: Letter Agreement (Cel Sci Corp)

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Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx Rxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Rxxxxx’x clearing agent, pursuant to which Xxxxxx’x Rxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx Rxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 Rxxxxx for the actual out of pocket cost of such clearing agent settlement and financing, if anynot to exceed $10,000.

Appears in 1 contract

Samples: Letter Agreement (Cel Sci Corp)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx Wxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Wxxxxxxxxx’x clearing agent, pursuant to which Xxxxxx’x Wxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx Wxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx pay Wxxxxxxxxx up to $10,000 for the actual out of pocket cost 12,900 of such clearing agent settlement and financing, if any.

Appears in 1 contract

Samples: Letter Agreement (Cancer Genetics, Inc)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x clearing agent, pursuant to which Xxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of pocket cost of such clearing agent settlement and financing, if any, in an aggregate amount not to exceed $10,000.

Appears in 1 contract

Samples: Letter Agreement (Hemispherx Biopharma Inc)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Xxxxxx'x clearing agent, pursuant to which Xxxxxx’x Xxxxxx'x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment ("DVP"), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of out-of-pocket cost of such clearing agent settlement and financing, if any, which cost shall not exceed $10,000.

Appears in 1 contract

Samples: Letter Agreement (Aethlon Medical Inc)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx Rxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Rxxxxx’x clearing agent, pursuant to which Xxxxxx’x Rxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx Rxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of pocket cost of such clearing agent settlement and financing, if any, up to $10,000.

Appears in 1 contract

Samples: Letter Agreement (Biostage, Inc.)

Escrow and Settlement. In respect of each Offering, the The Company and Xxxxxx Xxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Xxxxxxxxxx’x clearing agent, pursuant to which Xxxxxx’x compensation the Xxxxxxxxxx Cash Fee, the Xxxx Cash Fee and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 Xxxxxxxxxx for the actual out of pocket cost of such clearing agent settlement and financing, if any, in an amount not to exceed $10,000.

Appears in 1 contract

Samples: Letter Agreement (Biocept Inc)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x clearing agent, pursuant to which Xxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of pocket cost of such clearing agent settlement and financing, if anynot to exceed $10,000.

Appears in 1 contract

Samples: Letter Agreement (Cel Sci Corp)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x clearing agent, pursuant to which Xxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 for the actual out of pocket cost of such clearing agent settlement and financing, if any, provided however that such costs shall not exceed $10,000 per Offering.

Appears in 1 contract

Samples: Letter Agreement (Kitov Pharmaceuticals Holdings Ltd.)

Escrow and Settlement. In respect of each Offering, the Company and Xxxxxx Xxxxxxxxxx shall enter into an escrow agreement with a third party escrow agent, which may also be Xxxxxx’x Xxxxxxxxxx’x clearing agent, pursuant to which Xxxxxx’x Xxxxxxxxxx’x compensation and expenses shall be paid from the gross proceeds of the Securities sold. If the Offering is settled in whole or in part via delivery versus payment (“DVP”), Xxxxxx Xxxxxxxxxx shall arrange for its clearing agent to provide the funds to facilitate such settlement. The Company shall bear the cost of the escrow agent and shall reimburse Xxxxxx up to $10,000 Xxxxxxxxxx for the actual out of pocket cost of such clearing agent settlement and financing, if anyin an aggregate amount not to exceed $10,000.

Appears in 1 contract

Samples: Letter Agreement (Rexahn Pharmaceuticals, Inc.)

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