Common use of Term and Termination of Engagement; Exclusivity Clause in Contracts

Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x exclusive engagement will begin on the date hereof and end January 20, 2017 (the “Term”); provided, however, that if an Offering has not closed by September 23, 2016, the Company may terminate Xxxxxx’x engagement hereunder. Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction that would be in lieu of an Offering; other than with respect to (i) and (ii) above, the Company’s engagement of MLV & Co. LLC for the sale of the Company’s common stock pursuant to a Prospectus Supplement filed with the Securities and Exchange Commission on March 16, 2015 and any shares of the Company’s common stock issued pursuant to such engagement (the “ATM Offering”) or in connection with any Excluded Financing.

Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x exclusive engagement will begin on the date hereof and end January 20, 2017 80 days after the date hereof (the “Term”); provided, however, that if an Offering has not closed by September 23March 7, 2016, the Company may terminate Xxxxxx’x engagement hereunder. Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction that which would be in lieu of an Offering; other than with respect to (i) and (ii) above, the Company’s engagement of MLV & Co. LLC for the sale of the Company’s common stock pursuant to a Prospectus Supplement filed with the Securities and Exchange Commission on March 16, 2015 and any shares of the Company’s common stock issued pursuant to such engagement (the “ATM Offering”) or in connection with any Excluded Financing).

Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x exclusive engagement will begin on the date hereof and end January 20, 2017 80 days after the date hereof (the “Term”); provided, however, that if an Offering has not closed by September 23December 8, 20162015, the Company may terminate Xxxxxx’x engagement hereunder. Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction that which would be in lieu of an Offering; other than with respect to (i) and (ii) above, the Company’s engagement of MLV & Co. LLC for the sale of the Company’s common stock pursuant to a Prospectus Supplement filed with the Securities and Exchange Commission on March 16, 2015 and any shares of the Company’s common stock issued pursuant to such engagement (the “ATM Offering”) or in connection with any Excluded Financing).

Term and Termination of Engagement; Exclusivity. The term of Xxxxxx’x exclusive engagement will begin on the date hereof and end January 20, 2017 four (4) months thereafter (the “Term”); provided, however, that if an Offering has not closed by September 23, 2016consummated within 30 following the date hereof, the Company may terminate Xxxxxx’x engagement hereunder. Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Xxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction that would be in lieu of an Offering; other than with respect to (i) and (ii) above, the Company’s engagement of MLV & Co. LLC for the sale of the Company’s common stock pursuant to a Prospectus Supplement filed with the Securities and Exchange Commission on March 16, 2015 and any shares of the Company’s common stock issued pursuant to such engagement (the “ATM Offering”) or in connection with any Excluded Financing.