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

Warrant Solicitation and Warrant Solicitation Fees. The Company hereby engages the Underwriters, on a non-exclusive basis, as its agents for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist the Underwriters with respect to such solicitation, if requested by the Underwriters and will (ii) provide to the Underwriters, and direct the Company's transfer and warrant agent to provide to the Underwriters, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. Commencing one year from the Effective Date, the Company will pay to the Underwriters a commission of five percent of the Warrant exercise price for each Warrant exercised, payable on the date of such exercise, on the terms provided for in the Warrant Agreement, if allowed under the rules and regulations of the NASD and only if the Underwriters have provided bona fide services to the Company in connection with the exercise of Warrants and have received written confirmation from the holder that Xxxxxxx or GKN has solicited such exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants, such services may also include disseminating information, either orally or in writing, to Warrantholders about the Company or the market for the Company's securities, and the assisting in the processing of the exercise of Warrants. The Underwriters may engage sub-agents who are members of the NASD in its solicitation efforts, provided, however, nothing herein shall obligate the Company to make any payment to any such sub-agent. The Company will disclose the arrangement to pay such solicitation fees to the Underwriters in any prospectus used by the Company in connection with the registration of the shares of Common Stock underlying the Warrants. The Company shall not be obligated to reimburse the Underwriters for any of their expenses incurred in connection with such solicitation.

Warrant Solicitation and Warrant Solicitation Fees. The Company hereby engages the UnderwritersUnderwriter, on a non-exclusive basis, as its agents agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist the Underwriters Underwriter with respect to such solicitation, if requested by the Underwriters Underwriter and will (ii) provide to the UnderwritersUnderwriter, and direct the Company's transfer and warrant agent to provide to the UnderwritersUnderwriter, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. Commencing one year from the Effective Date, the Company will pay to the Underwriters Underwriter a commission of five percent of the Warrant exercise price for each Warrant exercised, payable on the date of such exercise, on the terms provided for in the Warrant Agreement, if allowed under the rules and regulations of the NASD and only if the Underwriters have Underwriter has provided bona fide services to the Company in connection with the exercise of Warrants and have has received written confirmation from the holder that Xxxxxxx or GKN the Underwriter has solicited such exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants, such services may also include disseminating information, either orally or in writing, to Warrantholders about the Company or the market for the Company's securities, and the assisting in the processing of the exercise of Warrants. The Underwriters Underwriter may engage sub-agents who are members of the NASD in its solicitation efforts, provided, however, nothing herein shall obligate the Company to make any payment to any such sub-agent. The Company will disclose the arrangement to pay such solicitation fees to the Underwriters Underwriter in any prospectus used by the Company in connection with the registration of the shares of Common Stock underlying the Warrants. The Company shall not be obligated to reimburse the Underwriters Underwriter for any of their its expenses incurred in connection with such solicitation.

Warrant Solicitation and Warrant Solicitation Fees. The Company -------------------------------------------------- hereby engages the UnderwritersRepresentative, on a non-exclusive basis, as its agents agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist the Underwriters Representative with respect to such solicitation, if requested by the Underwriters Representative and will (ii) provide to the UnderwritersRepresentative, and direct the Company's transfer and warrant agent to provide to the UnderwritersRepresentative, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. Commencing one year from the Effective Date, the Company will pay to the Underwriters Representative a commission of five percent of the Warrant exercise price for each Warrant exercised, payable on the date of such exercise, on the terms provided for in the Warrant Agreement, if allowed under the rules and regulations of the NASD and only if the Underwriters have Representative has provided bona fide services to the Company in connection with the exercise of such Warrants and have has received written confirmation from the holder that Xxxxxxx or GKN the Representative has solicited such exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants, such services may also include disseminating information, either orally or in writing, to Warrantholders about the Company or the market for the Company's securities, and the assisting in the processing of the exercise of the Warrants. The Underwriters Representative may engage sub-agents who are members of the NASD in its solicitation efforts, provided, however, nothing herein shall obligate the Company to make any payment to any such sub-agent. The Company will disclose the arrangement to pay such solicitation fees to the Underwriters Representative in any prospectus used by the Company in connection with the registration of the shares of Common Stock underlying the Warrants. The Company shall not be obligated to reimburse the Underwriters for any of their expenses incurred in connection with such solicitation.