Common use of Sale of the Shares Clause in Contracts

Sale of the Shares. On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to issue and sell up to 2,500,000 Shares through a combination of the Subscription Offering and the Public Offering. The Company reserves the right to increase the total number of Shares offered by up to 375,000 Shares. All Shares to be offered and sold in the Public Offering shall be issued and sold through the Underwriter, as agent for the Company, to the public and the Underwriter agrees to use its best efforts to sell the Shares as agent for the Company, at the price per share set forth on the cover page of the Final Prospectus for the Public Offering (the "Public Offering Price"). The Company agrees to pay the Underwriter a commission ("Selling Commission") equal to five percent (5%) of the Public Offering Price of all Shares sold through the Underwriter in the Public Offering, including Shares that were offered but not sold in the Subscription Offering (and including Shares sold through selected dealers). It shall be the Underwriter's responsibility to compensate any selected dealers out of the commissions that it receives from the Company. The Underwriter may reject any offer to purchase the Shares made through the Underwriter or a selected dealer in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's agreement contained herein.

Sale of the Shares. On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to issue and sell up to 2,500,000 400,000 Shares through a combination of the Subscription Rights Offering and the Public Offering. The Company reserves the right to increase the total number of Shares offered by up to 375,000 Shares. All Shares to be offered and sold in the Public Offering shall be issued and sold through the Underwriter, as agent for the Company, to the public and the Underwriter agrees to use its best efforts to sell the Shares as agent for the Company, at the price per share Share set forth on the cover page of the Final final Prospectus for the Public Offering (the "“Public Offering Price"”). The Company agrees to pay the Underwriter a commission ("the “Selling Commission"”) equal to five six percent (56%) of the Public Offering Price of all gross proceeds from any Shares sold through the Underwriter in the Public Offering, including Shares that were offered but not sold in the Subscription Offering (and including Shares sold through selected dealers). It shall be the Underwriter's ’s responsibility to compensate any selected dealers out of the commissions fees that it receives from the Company. The Underwriter may reject any offer to purchase the Shares made through the Underwriter or a selected dealer in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's ’s agreement contained herein.

Sale of the Shares. On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to issue and sell up to 2,500,000 Shares through a combination of the Subscription Rights Offering and the Public Offering. The Company reserves the right to increase the total number of Shares offered by up to 375,000 Shares. All Shares to be offered and sold in the Public Offering shall be issued and sold through the Underwriter, as agent for the Company, to the public and the Underwriter agrees to use its best efforts to sell the Shares as agent for the Company, at the price per share set forth on XxXxxxxx & Company, Inc. July , 2006 the cover page of the Final Prospectus for the Public Offering (the "“Public Offering Price"”). The Company agrees to pay the Underwriter a commission ("“Selling Commission"”) equal to five six percent (56%) of the Public Offering Price of all Shares sold through the Underwriter in the Public Offering, including Shares that were offered but not sold in the Subscription Rights Offering (and including Shares sold through selected dealers). It shall be the Underwriter's ’s responsibility to compensate any selected dealers out of the commissions that it receives from the Company. The Underwriter may reject any offer to purchase the Shares made through the Underwriter or a selected dealer in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's ’s agreement contained herein.

Sale of the Shares. On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to issue and sell up to 2,500,000 Shares through a combination of the Subscription Rights Offering and the Public Offering. The Company reserves the right to increase the total number of Shares offered by up to 375,000 Shares. All Shares to be offered and sold in the Public Offering shall be issued and sold through the Underwriter, as agent for the Company, to the public and the Underwriter agrees to use its best efforts to sell the Shares as agent for the Company, at the price per share Share set forth on the cover page of the Final final Prospectus for the Public Offering (the "“Public Offering Price"”). The Company agrees to pay the Underwriter a commission ("the “Selling Commission"”) equal to five percent (5%) of the Public Offering Price of all gross proceeds from any Shares sold placed through the Underwriter broker-dealers in the Public Offering, including Shares that were offered but not sold in the Subscription Offering (and including Shares sold through selected dealers). For purposes of clarity, the fee structure described in paragraphs 2 and 3 hereof will result in a fee of six percent (6%) of the gross proceeds of Shares placed through broker-dealers in the Public Offering and one percent (1%) of the gross proceeds from the sale of all other Shares in the Rights Offering and the Public Offering. It shall be the Underwriter's ’s responsibility to compensate any selected dealers out of the commissions fees that it receives from the Company. The Underwriter may reject any offer to purchase the Shares made through the Underwriter or a selected dealer in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's ’s agreement contained herein.

Sale of the Shares. On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to issue and sell up to 2,500,000 30,000,000 Shares through a combination of the Subscription Rights Offering and the Public Offering. The Company reserves the right to increase the total number of Shares offered by up to 375,000 Shares. All Public Offering Shares to be offered and sold in the Public Offering shall be issued and sold through the Underwriter, as agent for the Company, to the public and the Underwriter agrees to use its best efforts to sell the Public Offering Shares as agent for the Company, at the price per share Share set forth on the cover page of the Final final Prospectus for the Public Offering (the "“Public Offering Price"”). The Company agrees to pay the Underwriter a commission ("the “Selling Commission"”) equal to five six percent (56.0%) of the gross proceeds from any Public Offering Price of all Shares sold placed through the Underwriter broker-dealers in the Public Offering, including Shares that were offered but not sold in the Subscription Offering (and including Shares sold through selected dealers). It shall be the Underwriter's ’s responsibility to compensate any selected dealers out of the commissions fees that it receives from the Company. The Underwriter may reject any offer to purchase the Public Offering Shares made through the Underwriter or a selected dealer in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's ’s agreement contained herein.

Sale of the Shares. On the basis of the representations, warranties ------------------ and covenants herein contained, and subject to the conditions herein set forth, the Company Crescent agrees to issue and sell up to 2,500,000 _________ of the Shares through a combination of the Subscription Offering and the Public Offering. The Company reserves the right to increase the total number of Shares offered by up to 375,000 Shares. All Shares to be offered and sold in the Public Offering shall be issued and sold through the Underwriter, as agent for the CompanyCrescent, to the public and the Underwriter agrees to use its best efforts to sell the Shares as agent for the CompanyCrescent, at the price per share set forth on the cover page of the Final Prospectus for the Public Offering (the "Public Offering Price"). The Company Crescent agrees to pay the Underwriter a commission ("Selling Commission") equal to five six percent (56%) of the Public Offering Price of all Shares sold through the Underwriter in the Public Offering, including Shares that were offered but not sold in the Subscription Offering (and including Shares sold through selected dealers). It shall be the Underwriter's responsibility to compensate any selected dealers out of the commissions that it receives from the CompanyCrescent. The Underwriter may reject any offer to purchase the Shares made through the Underwriter or a selected dealer in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's agreement contained herein.

Sale of the Shares. On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to issue and sell up to 2,500,000 250,000 Shares through a combination of in the Subscription Offering and the Public Offering. The Company reserves the right to increase the total number of Shares offered in the Offering by up to 375,000 37,500 Shares. All Shares to be offered and sold in the Public Offering shall be issued and sold through the Underwriter, as agent for the CompanyPremier, to the public and the Underwriter agrees to use its best efforts to sell the Shares as agent for the CompanyPremier, at the price per share set forth on the cover page of the Final Prospectus for the Public Offering (the "Public “Offering Price"”). The Company Premier agrees to pay the Underwriter a commission ("Selling Commission") equal to five four percent (54%) of the Public Offering Price of all Shares sold through the Underwriter in the Public Offering, including Shares that were offered but not sold in the Subscription Offering (and including Shares sold through selected dealers). It shall be the Underwriter's ’s responsibility to compensate any selected dealers out of the commissions that it receives from the CompanyPremier. The Underwriter may reject any offer to purchase the Shares made through the Underwriter or a selected dealer in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's ’s agreement contained herein.

Sale of the Shares. On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to issue and sell up to 2,500,000 Shares through a combination 2,096,538 shares of the Subscription Offering and Common Stock in the Public Offering. The Company reserves the right to increase the total number of Shares offered by up to 375,000 Shares. All Shares to be offered and sold in the Public Offering shall be issued and sold through the Underwriter, as agent for the Company, to the public and the Underwriter agrees to use its best efforts to sell the Shares as agent for the Company, at the price per share set forth on the cover page of the Final Prospectus for the Public Offering (the "“Public Offering Price"”). The Company agrees to pay the Underwriter a commission ("“Selling Commission"”) equal to five percent (5%) of the Public Offering Price of all Shares sold through the Underwriter in the Public Offering, including Shares that were offered but not sold in the Subscription Offering (and including Shares sold through selected dealers). It shall be the Underwriter's ’s responsibility to compensate any selected dealers out of the commissions that it receives from the Company. The Underwriter may reject any offer to purchase the Shares made through the Underwriter or a selected dealer in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's ’s agreement contained herein.

Sale of the Shares. On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to issue and sell up to 2,500,000 700,000 Shares through a combination of the Subscription Rights Offering and the Public Offering. The Company reserves the right to increase the total number of Shares offered by up to 375,000 105,000 Shares. All Shares to be offered and sold in the Public Offering shall be issued and sold through the Underwriter, as agent for the Company, to the public and the Underwriter agrees to use its best efforts to sell the Shares as agent for the Company, at the price per share set forth on the cover page of the Final Prospectus for the Public Offering (the "Public Offering Price"). The Company agrees to pay the Underwriter a commission ("Selling Commission") equal to five six percent (56%) of the Public Offering Price of all Shares sold through the Underwriter in the Public Offering, including Shares that were offered but not sold in the Subscription Rights Offering (and including Shares sold through selected dealers). It shall be the Underwriter's responsibility to compensate any selected dealers out of the commissions that it receives from the Company. The Underwriter may reject any offer to purchase the Shares made through the Underwriter or a selected dealer in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's agreement contained herein.

Sale of the Shares. On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to issue and sell up to 2,500,000 Shares through a combination of the Subscription Rights Offering and the Public Offering. The Company reserves the right to increase the total number of Shares offered by up to 375,000 Shares. All Shares to be offered and sold in the Public Offering shall be issued and sold through the Underwriter, as agent for the Company, to the public and the Underwriter agrees to use its best efforts to sell the Shares as agent for the Company, at the price per share set forth on the cover page of the Final final Prospectus for the Public Offering (the "“Public Offering Price"”). The In consideration for the Underwriter’s efforts under this Section, the Company agrees to pay the Underwriter a commission ("the “Selling Commission"”) equal to five six percent (56%) of the Public Offering Price of all Shares sold through the Underwriter in the Public Offering, including Shares that were offered but not sold in the Subscription Rights Offering (and including Shares sold through selected dealers). It shall be the Underwriter's ’s responsibility to compensate any selected dealers out of the commissions Selling Commission that it receives from the Company, subject to the mechanics provided in the last sentence of Section 6. The Underwriter may reject any offer to purchase the Shares made through the Underwriter or a selected dealer dealer, in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's ’s agreement contained herein.

Sale of the Shares. On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company agrees to issue and sell up to 2,500,000 1,000,000 Shares through a combination of in the Subscription Offering and the Public Offering. The Company reserves the right to increase the total MxXxxxxx & Company, Inc. , 2004 Page 7 number of Shares offered by up to 375,000 150,000 Shares. All Shares to be offered and sold in the Public Offering shall be issued and sold through the Underwriter, as agent for the Company, to the public and the Underwriter agrees to use its best efforts to sell the Shares as agent for the Company, at the price per share set forth on the cover page of the Final Prospectus for the Public Offering (the "Public “Offering Price"”). The In consideration for the Underwriter’s efforts under this Section, the Company agrees to pay the Underwriter a commission ("“Selling Commission"”) equal to five percent (5%) of the Public Offering Price of all Shares sold through the Underwriter in the Public Offering, including Shares that were offered but not sold in the Subscription Offering (and including Shares sold through selected dealers). It shall be the Underwriter's ’s responsibility to compensate any selected dealers out of the commissions that it receives from the Company. The Underwriter may reject any offer to purchase the Shares made through the Underwriter or a selected dealer in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's ’s agreement contained herein.