Common use of Offering Terms Clause in Contracts

Offering Terms. 6.1 The Agent will offer the Shares for sale at the Offering Price in the Qualifying Jurisdictions on a best efforts basis in accordance with the Applicable Securities Laws and the policies of the Exchange. 6.2 Residents of the Qualifying Jurisdictions may subscribe for Offered Shares by delivering to the Agent on or prior to the applicable Closing Date: (a) payment of the aggregate subscription price in a manner acceptable to the Agent; and (b) such documents, certificates and forms as, in the opinion of the Agent, may be required. 6.3 All funds received by the Agent for subscriptions will be held in trust by the Agent until it has received at Closing:‌ (a) a certificate signed by the Chief Executive Officer of the Company or such other officer or director of the Company as the Agent may accept, to the effect that the subscriptions for the Offered Shares have been accepted by the Company; and (b) a written request from the Company requesting delivery of the Proceeds to the Company or as directed by the Company.‌ 6.4 Upon receiving the documentation referred to in Section 6.3 hereof, the Agent shall deliver to the Company or as directed in Section 6.3(b) hereof, the Proceeds.‌ 6.5 Notwithstanding any other term of this Agreement, all subscription funds received by the Agent or the Company’s registrar and transfer agent will be returned to the subscribers without interest or deduction if the Offering does not close for any reason.

Offering Terms. 6.1 The Agent will offer the Shares for sale at the Offering Price in the Qualifying Jurisdictions on a best efforts basis in accordance with the Applicable Securities Laws and the policies of the Exchange. 6.2 Residents of the Qualifying Jurisdictions may subscribe for Offered Shares by delivering to the Agent on or prior to the applicable Closing Date: (a) payment of the aggregate subscription price in a manner acceptable to the Agent; and (b) such documents, certificates and forms as, in the opinion of the Agent, may be required. 6.3 All funds received by the Agent for subscriptions will be held in trust by the Agent until it has received at Closing:‌Closing: (a) a certificate signed by the Chief Executive Officer of the Company or such other officer or director of the Company as the Agent may accept, to the effect that the subscriptions for the Offered Shares have been accepted by the Company; and (b) a written request from the Company requesting delivery of the Proceeds to the Company or as directed by the Company.‌Company. 6.4 Upon receiving the documentation referred to in Section 6.3 hereof, the Agent shall deliver to the Company or as directed in Section 6.3(b) hereof, the Proceeds.‌Proceeds. 6.5 Notwithstanding any other term of this Agreement, all subscription funds received by the Agent or the Company’s registrar and transfer agent will be returned to the subscribers without interest or deduction if the Offering does not close for any reason.