Common use of Agreement to Act as Underwriter Clause in Contracts

Agreement to Act as Underwriter. On the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions of this Agreement, the Underwriter[s] agree[s] to act as the Company’s exclusive underwriter[s] in connection with the issuance and sale, on a best efforts basis, by the Company of the Shares to the Investors. The Company shall pay to the Underwriter[s] 5% of the proceeds received by the Company from the sale of the Shares as set forth on the cover page of the Prospectus (as hereinafter defined).

Agreement to Act as Underwriter. (a) On the basis of the representations, warranties and agreements of the Company herein contained contained, and subject to all the terms and conditions of this Agreement, the Underwriter[s] agree[s] to act as Underwriter shall be the Company’s exclusive underwriter[s] sole underwriter in connection with the issuance offering and sale, on a best efforts basis, sale by the Company of the Shares pursuant to the InvestorsCompany’s registration statement on Form S-3 (File No. The Company shall pay 333-255734) (the “Registration Statement”), with the terms of such offering (the “Offering”) to the Underwriter[s] 5% of the proceeds received by be subject to market conditions and negotiations between the Company from and the sale of the Shares as set forth on the cover page of the Prospectus Underwriter. As used herein (as hereinafter defined).i) “