Common use of Warrant Solicitation Fee Clause in Contracts

Warrant Solicitation Fee. The Company agrees to pay the Underwriters a fee of five percent (5%) of the aggregate exercise price of the Warrants if: (i) the market price of the Common Stock is greater than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants are solicited by a member of the NASD; (iii) the Warrants are not held in a discretionary account; (iv) the disclosure of compensation arrangements was made both at the time of the Offering and at the time of the exercise of the Warrant; and (v) the solicitation of the Warrant is not in violation of Regulation M promulgated under the Exchange Act. The Company agrees not to solicit the exercise of any Warrants other than through the Underwriters and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Representative which will not be unreasonably withheld. The Warrant solicitation fee will not be paid in a non-solicited transaction. No Warrant solicitation by the Underwriters will occur for a period of 12 months from the Effective Date.

Warrant Solicitation Fee. The Company agrees to pay to the Underwriters Underwriter, commencing one year from the Effective Date, a fee of five seven percent (57%) of the aggregate exercise price of the Warrants if: (i) the market price of the Common Stock is greater than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants are solicited by a member of the NASDUnderwriter; (iii) the Warrants are not held in a discretionary account; (iv) the disclosure of compensation arrangements was made both at the time of the Offering and at the time of the exercise of the Warrant; and (v) the solicitation of the Warrant is not in violation of Regulation M promulgated under the Exchange Act. The Company agrees not to solicit the exercise of any Warrants other than through the Underwriters Underwriter and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Representative Underwriter which will not be unreasonably withheld. The Warrant solicitation fee will not be paid in a non-solicited transaction. No Warrant solicitation by the Underwriters Underwriter will occur for a period of 12 months prior to one year from the Effective Date. Additionally, there will be no warrant solicitation by the Underwriter without the prior written authorization of the Company.

Warrant Solicitation Fee. The Company agrees to pay the Underwriters a fee of five percent (5%) of the aggregate exercise price of the Warrants if: (i) the market price of the Common Stock is greater than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants are is solicited by a member of the NASD; (iii) the Warrants are not held in a discretionary account; (iv) the disclosure of compensation arrangements was made both at the time of the Offering and at the time of the exercise of the Warrant; and (v) the solicitation of the Warrant is not in violation of Regulation M Rule 10b-6 promulgated under the Exchange Act. The Company agrees not to solicit the exercise of any Warrants other than through the Underwriters and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Representative Underwriters which will not be unreasonably withheld. The Warrant solicitation fee will not be paid in a non-non- solicited transaction. Any request for exercise will be presumed to be unsolicited unless the customer states in writing that the transaction was solicited and designates in writing the broker/dealer to receive compensation for the exercise. No Warrant solicitation by the Underwriters will occur for a period of 12 months from the Effective Date.

Warrant Solicitation Fee. The Company agrees to pay to the Underwriters Underwriter a fee of five percent (5%) of the aggregate exercise price of the Warrants if: (i) the market price of the Common Series E Preferred Stock is greater than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants are solicited by a member of the NASD; (iii) the Warrants are not held in a discretionary account; (iv) the disclosure of compensation arrangements was made both at the time tie of the Offering and at the time of the exercise of the Warrant; and (v) the solicitation of the Warrant is not in violation of Regulation M promulgated under the Exchange Act. The Company agrees not to solicit the exercise of any Warrants other than through the Underwriters Underwriter and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Representative Underwriter which will not be unreasonably withheld. The Warrant solicitation fee will not be paid in a non-solicited transaction. No Warrant solicitation by the Underwriters Underwriter will occur for a period of 12 months prior to one year from the Effective Date.

Warrant Solicitation Fee. The Company agrees to pay the Underwriters a fee of five percent (5%) of the aggregate exercise price of the Warrants if: (i) the market price of the Common Stock is greater than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants are is solicited by a member of the NASD; (iii) the Warrants are not held in a discretionary account; (iv) the disclosure of compensation arrangements was made both at the time of the Offering and at the time of the exercise of the Warrant; and (v) the solicitation of the Warrant is not in violation of Regulation M promulgated under the Exchange Act. The Company agrees not to solicit the exercise of any Warrants other than through the Underwriters and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Representative Underwriters which will not be unreasonably withheld. The Warrant solicitation fee will not be paid in a non-non- solicited transaction. Any request for exercise will be presumed to be unsolicited unless the customer states in writing that the transaction was solicited and designates in writing the broker/dealer to receive compensation for the exercise. No Warrant solicitation by the Underwriters will occur for a period of 12 months from the Effective Date.

Warrant Solicitation Fee. The Company agrees to pay the Underwriters Underwriter a fee of five percent (5%) of the aggregate exercise price of the Warrants if: if (i) the market price of the Common Stock stock is greater than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants are is solicited by a member of the NASD; (iii) the Warrants are not held in a discretionary account; (iv) the disclosure of compensation arrangements was is made both at the time of the Offering this offering and at the time of the exercise of the Warrant; and (v) the solicitation of the Warrant exercise is not in violation of Regulation M promulgated Rule 10b-6 under the Exchange 1934 Act. The Company agrees not to solicit the exercise of any Warrants Warrant other than through the Underwriters Underwriter and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Representative Underwriter which will not be unreasonably withheld. The Warrant solicitation fee will not be paid in a non-non solicited transaction. No Warrant solicitation by Any request for exercise will be presumed to be unsolicited unless the Underwriters will occur customer states in writing that the transaction was solicited and designates in writing the broker/dealer to receive compensation for a period of 12 months from the Effective Date.the

Warrant Solicitation Fee. The Company agrees to pay Roan Capital Partners L.P. ("Roan"), in its individual capacity and not as representative of the Underwriters underwriters, a fee of five seven percent (57%) of the aggregate exercise price of the Warrants if: (i) the market price of the Common Stock is greater than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants are solicited by a member of the NASD; (iii) the Warrants are not held in a discretionary account; (iv) the disclosure of compensation arrangements was made both at the time tie of the Offering and at the time of the exercise of the Warrant; and (v) the solicitation of the Warrant is not in violation of Regulation M promulgated under the Exchange Act. The Company agrees not to solicit the exercise of any Warrants other than through the Underwriters Roan and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Representative which will not be unreasonably withheld. The Warrant solicitation fee will not be paid in a non-solicited transaction. No Warrant solicitation by the Underwriters Roan will occur for a period of 12 months prior to one year from the Effective Date.