Common use of No Closing Clause in Contracts

No Closing. Anything set forth herein to the contrary notwithstanding, in the event that, for any reason other than termination hereof by the Company in accordance with the terms of Section 5(f) above, a Closing does not occur in accordance with the terms provided herein, no amounts shall be payable further to Sands Brothers hereunder, except for reimbursement of the reasonable pre-approved out-of-pocket expenses incurred by Sands Brothers prior to the expiration date of the Offering Period. In no event shall Sands Brothers be responsible for any of the Company's fees, costs or expenses and the Company shall pay all expenses of the Offering and the preparation of the Offering and Ancillary Documents.

No Closing. Anything set forth herein to the contrary notwithstanding, in the event that, for any reason other than termination hereof by the Company in accordance with the terms of Section 5(f5(g) above, a Closing does not occur in accordance with the terms provided herein, no amounts shall be payable further to Sands Brothers hereunder, except for reimbursement of the reasonable pre-approved out-of-pocket expenses incurred by Sands Brothers prior to the expiration date of the Offering PeriodBrothers' legal fees and blue sky legal fees as in such amounts as heretofore provided. In no event shall Sands Brothers be responsible for any of the Company's fees, costs or expenses and the Company shall pay all expenses of the Offering and the preparation of the Offering and Ancillary Documents. The Company shall reimburse Sands Brothers for any out-of-pocket expenses (including, but not limited to, reasonable counsel fees and expenses) which Sands Brothers may incur in connection with the enforcement of its rights hereunder.