Common use of Fees and Rights of First Refusal Clause in Contracts

Fees and Rights of First Refusal. Except as set forth in the SEC Documents, the HoMedics Transaction Documents and pursuant to a potential restructuring of the HoMedics Transaction Documents, the Company is not obligated to offer the securities offered hereunder on a right of first refusal basis or otherwise to any third parties including, but not limited to, current or former shareholders of the Company, underwriters, brokers, agents or other third parties.