Common use of REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES Clause in Contracts

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agent pursuant to Section 7 or Section 8, or if the sale to the Investors of the Securities at the time of purchase is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company shall reimburse the Placement Agent for all of its out-of-pocket expenses in accordance with the Engagement Letter, including the fees and disbursements of its counsel.

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agent pursuant to Section 7 6 or Section 87, or if the sale to the Investors of the Securities Shares at the time of purchase is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company shall shall, as provided in Section 4(j) hereof, reimburse the Placement Agent for all of its out-of-pocket expenses in accordance with the Engagement Letterexpenses, including the fees and disbursements of its counsel.

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agent Agents pursuant to Section 7 or Section 8, or if the sale to the Investors of the Securities Shares and the Warrants at the time of purchase is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company shall reimburse the Placement Agent Agents for all of its actual out-of-pocket expenses in accordance with the Engagement Letter, including the fees and disbursements of its counsel.

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agent Agents pursuant to Section 7 8(x) or Section 88(y)(ii), or if the sale to the Investors of the Securities Shares at the time of purchase is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company shall reimburse the Placement Agent Agents, severally, upon demand for all of its their out-of-pocket expenses in accordance with the Engagement Letterexpenses, including the fees and disbursements of its their counsel.

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If Notwithstanding anything to the contrary in this Agreement, if this Agreement is shall have been terminated by the Placement Agent pursuant to Section 7 or Section 8, or if and the sale to the Investors of the Securities at the time of purchase Shares is not consummated because of any the refusal, inability or failure on the part of the Company to perform any material agreement herein or to comply with satisfy any provision hereofmaterial condition, then the Company shall reimburse the Placement Agent for all of its reasonable fees and expenses and for such other out-of-pocket expenses as shall have been approved by the Company in accordance connection with this Agreement and the Engagement Letterproposed purchase of the Shares, including and upon demand the fees and disbursements of its counselCompany shall pay the full amount thereof to the Placement Agent.

REIMBURSEMENT OF PLACEMENT AGENT’S EXPENSES. If this Agreement is terminated by the Placement Agent Agents pursuant to Section 7 Sections 8(x) or Section 88(y)(ii), or if the sale to the Investors of the Securities Shares at the time of purchase is not consummated because of any refusal, inability or failure on the part of the Company to perform any agreement herein or to comply with any provision hereof, the Company shall reimburse the Placement Agent Agents, severally, upon demand for all of its their reasonable out-of-pocket expenses in accordance with the Engagement Letterexpenses, including the reasonable fees and disbursements of its their counsel, which expenses shall not exceed $100,000 in the aggregate.