Terms of Retention. (a) Unless extended or terminated in writing by the parties hereto in accordance with the provisions hereof, this Agreement shall remain in effect until the Termination Date of March 31, 2001 or the full commitment of the Offering is invested, which ever is earlier.
Terms of Retention. (a) Unless extended or terminated in writing by the parties hereto in accordance with the provisions hereof, this Agreement shall remain in effect until the Termination Date of March 31, 2001.
Terms of Retention. (a) Unless extended or terminated in writing ------------------- by the parties hereto in accordance with the provisions hereof, this Agreement shall remain in effect until the Termination Date of March 7, 2002.
Terms of Retention. (a) Unless extended or terminated in writing by the parties hereto in accordance with the provisions hereof, this Agreement shall remain in effect until the earlier of the Termination Date of September 18, 2001 or the funding of $40 million hereunder.
Terms of Retention. (a) Unless extended or terminated in writing by the parties hereto in accordance with the provisions hereof, this Agreement shall remain in effect until the termination date of the stock purchase commitment of the investor as approved and agreed to by the Company in its sole discretion, if one investor commits to purchase the entire Offering, or November 1, 2002 if the Company elects to pursue an open shelf registration. If the Company elects to pursue an open shelf registration, and on any particular date when the Company wishes to sell Securities off of the shelf LTCO cannot provide an investor within 30 days on terms and conditions acceptable to the Company in its sole discretion, then the Company shall have a window of 60 days in which to place such securities itself on the same terms as proposed to LTCO, and the Company shall owe LTCO no fees in connection therewith.
Terms of Retention. (a) Unless extended or terminated in writing signed by both parties hereto, this Agreement shall remain in effect until the Termination Date of November 21, 2003.
Terms of Retention. This Engagement Agreement shall terminate at the close of business March 31, 2000 unless (a) it is extended by agreement of the parties hereto; or (b) it is terminated sooner by either party hereto providing not less than 30 days' prior written notice to the other party. Notwithstanding anything herein to the contrary, the obligation to pay the Fees and Compensation and Expenses described in Sections 3 and 4, if any, and paragraphs 2, 6, and 8 of Exhibit A and all of Exhibit B and Exhibit C attached hereto, shall survive any termination or expiration of the Engagement Agreement. It is expressly understood and agreed by the parties hereto that any financing, whether through senior or subordinated debt or equity, of the Company within 12 months of the termination of this Engagement Agreement with any investors or lenders first identified and substantively contacted by Jesup & Xxxxxx while this Engagement Agreement was in effect, and relating to this Engagement Agreement, shall result in such fees and compensation due and payable by the Company to Jesup & Xxxxxx under the same terms of Sections 3 and 4 below. A complete list of all financing sources, investors or lenders contacted by Xxxxx & Xxxxxx will be provided to the Company upon termination of this Engagement Agreement.
Terms of Retention. (a) The engagement of LTCO pursuant to the terms of this Agreement shall be effective as of the date of this Agreement. LTCO's engagement hereunder will be for the period ending at the earliest of (i) the placement of all of the Securities; (ii) written notice of termination by either the Company or LTCO for any reason, effective after written notice of such termination is received by the other party; or (iii) December 31, 2001 (the earliest of (i), (ii) or (iii), the "Termination Date").
Terms of Retention. Unless extended or terminated in writing by the parties hereto, this Agreement shall remain in effect until August 31, 2000. Notwithstanding anything herein to the contrary, the obligation to pay the Fees and Compensation described in Section 2, if any, and paragraph 2, 6, and 8 of Exhibit A and all of Exhibit B and Exhibit C attached hereto, shall survive any termination or expiration of the Agreement, should a closing take place. Not withstanding the foregoing, it is expressly understood and agreed by the parties hereto that any private financing, whether through senior or subordinated debt or equity, of the Company within 18 months of the termination of this Agreement, with any qualified investors or lenders contacted and listed in Exhibit E by Jesup while this Agreement was in effect, shall result in cash fees due and payable by the Company to Jesup under the same terms of Section 2 above.
Terms of Retention. (a) In the event that a Placement has not been successfully consummated on terms satisfactory to the Company within 7 business days from the date of the execution hereof, the Company may at any time terminate this agreement. In addition, the Company may terminate this agreement at any time, in the event the Investors are not acceptable to the Company, or if the terms of the proposed Placement are not acceptable.
