Common use of Warrant Solicitation and Warrant Solicitation Fee Clause in Contracts

Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged the Representative, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist the Representative with respect to such solicitation, if requested by the Representative and (ii) provide to the Representative, and direct the Company's transfer and warrant agent to deliver to the Representative, lists of the record, and to the extent known, beneficial owners of the Company's Warrants. Accordingly, the Company hereby instructs the Warrant Agent to cooperate with the Representative in every respect in connection with the Representative's solicitation activities, including, but not limited to, providing to the Representative, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), the Representative shall accept payment of the warrant solicitation fee provided in Section 3.3.5 (b) only if it has provided bona fide services in connection with the exercise of the Warrants. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services also may include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 3 contracts

Samples: Warrant Agreement (Gigabeam Corp), Warrant Agreement (Gigabeam Corp), Warrant Agreement (Gigabeam Corp)

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Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged the RepresentativeUnderwriter, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist the Representative Underwriter with respect to such solicitation, if requested by the Representative Underwriter and (ii) provide to the RepresentativeUnderwriter, and direct the Company's transfer and warrant agent to deliver to the RepresentativeUnderwriter, lists of the record, and to the extent known, beneficial owners of the Company's Warrants. Accordingly, the Company hereby instructs the Warrant Agent to cooperate with the Representative Underwriter in every respect in connection with the RepresentativeUnderwriter's solicitation activities, including, but not limited to, providing to the RepresentativeUnderwriter, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), the Representative Underwriter shall accept payment of the warrant solicitation fee provided in Section 3.3.5 (b) only if it has provided bona fide services in connection with the exercise of the Warrants. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services also may include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Montana Mills Bread Co Inc), Warrant Agreement (Montana Mills Bread Co Inc)

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Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged the Representative, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist the Representative with respect to such solicitation, if requested by the Representative Representative, and (ii) provide to the Representative, and direct the Company's transfer and warrant agent to deliver to the Representative, lists of the record, and to the extent known, beneficial owners of the Company's Warrants. Accordingly, the Company hereby instructs the Warrant Agent to cooperate with the Representative in every respect in connection with the Representative's solicitation activities, including, but not limited to, providing to the Representative, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), the Representative shall accept payment of the warrant solicitation fee provided in Section 3.3.5 (b) only if it has provided bona fide services in connection with the exercise of the Warrants. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services also may include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Fusion Telecommunications International Inc)

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