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

Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged the Underwriter, 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 Underwriter with respect to such solicitation, if requested by the Underwriter and (ii) provide to the Underwriter, and direct the Company's transfer and warrant agent to deliver to the Underwriter, 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 Underwriter in every respect in connection with the Underwriter's solicitation activities, including, but not limited to, providing to the Underwriter, 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 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 UnderwriterRepresentatives, on a non-exclusive basis, as its agent agents for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist the Underwriter Representatives with respect to such solicitation, if requested by the Underwriter Representatives, and (ii) provide to the UnderwriterRepresentatives, and direct the Company's ’s transfer agent and warrant agent the Warrant Agent to deliver to the UnderwriterRepresentatives, lists of the recordRegistered Holders and, and to the extent known, beneficial owners of the Company's ’s Warrants. Accordingly, the The Company hereby instructs the Warrant Agent to fully cooperate with the Underwriter Representatives in every respect in connection with the Underwriter's Representatives’ solicitation activities, including, but not limited to, providing to the UnderwriterRepresentatives, at the Company's ’s cost, a list of record the Registered Holders and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b3.4(b) below 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(b3.4(b), the Underwriter each Representative shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b3.4(b) only if it has provided bona fide services to the Company in connection with the exercise of the WarrantsWarrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that a Representative solicited his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holderRegistered Holder, such services may also may include disseminating information, either orally or in writing, to Warrant holders Registered Holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Trans-India Acquisition Corp)

Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged the UnderwriterRepresentative, 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 Underwriter Representative with respect to such solicitation, if requested by the Underwriter Representative, and (ii) provide to the UnderwriterRepresentative, and direct the Company's transfer and warrant agent to deliver to the UnderwriterRepresentative, lists of the record, and and, to the extent known, beneficial owners of the Company's Warrants. Accordingly, the Company hereby instructs the Warrant Agent to cooperate with the Underwriter Representative in every respect in connection with the UnderwriterRepresentative's solicitation activities, including, but not limited to, providing to the UnderwriterRepresentative, at the Company's cost, a list of record and and, to the extent known, beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b3.3.5.(b) hereinbelow 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)3.3.5.(b) hereinbelow, the Underwriter Representative shall only accept payment of the warrant solicitation fee provided in Section 3.3.5(b3.3.5.(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holderWarrantholder, such services may also may include disseminating information, either orally or in writing, to Warrant holders Warrantholders 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 (Fotoball Usa Inc)

Warrant Solicitation and Warrant Solicitation Fee. (a) a. The Company has engaged the Underwriter, 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 Underwriter with respect to such solicitation, if requested by the Underwriter and (ii) provide to the Underwriter, and direct the Company's transfer and warrant agent to deliver to the Underwriter, 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 Underwriter in every respect in connection with the Underwriter's solicitation activities, including, but not limited to, providing to the Underwriter, 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) hereinbelow 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)) hereinbelow, the Underwriter shall only 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 may 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 (Teardrop Golf Co)

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Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged the UnderwriterRepresentative, 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 Underwriter Representative with respect to such solicitation, if requested by the Underwriter Representative, and (ii) provide to the UnderwriterRepresentative, and direct the Company's transfer and warrant agent to deliver to the UnderwriterRepresentative, 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 Underwriter Representative in every respect in connection with the UnderwriterRepresentative's solicitation activities, including, but not limited to, providing to the UnderwriterRepresentative, 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 Underwriter 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)

Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged the Underwriter, 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 Underwriter with respect to such solicitation, if requested by the Underwriter and (ii) provide to the Underwriter, and direct the Company's transfer and warrant agent to deliver to the Underwriter, 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 Underwriter in every respect in connection with the Underwriter's solicitation activities, including, but not limited to, providing to the Underwriter, 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) hereinbelow 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)) hereinbelow, the Underwriter shall only 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 may 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 (Pivot Rules Inc)

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