Common use of Warrant Solicitation Fee Clause in Contracts

Warrant Solicitation Fee. The Company agrees to pay Global or a fee equal to the maximum percentage permitted by the NASD 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 and the customer states in writing that the transaction was solicited and designates in writing the broker-dealer to receive compensation for the exercise; (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 Global or _____________________ and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Underwriters 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 prior to one year from the Effective Date.

Warrant Solicitation Fee. The Company agrees to pay Global or Roan Capital Partners L.P. ("Roan"), in its individual capacity and not as representative of the underwriters, a fee equal to the maximum percentage permitted by the NASD of seven percent (7%) 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 and the customer states in writing that the transaction was solicited and designates in writing the broker-dealer to receive compensation for the exerciseNASD; (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 Global or _____________________ Roan and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Underwriters 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 prior to one year from the Effective Date.

Warrant Solicitation Fee. The Company agrees to pay Global or the Underwriter a fee equal to the maximum percentage permitted by the NASD of seven percent (7%) 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 and the customer states in writing that the transaction was solicited and designates in writing the broker-dealer to receive compensation for the exercise; (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 Global or _____________________ the Underwriter and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Underwriters 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 prior to one year from the Effective Date.

Warrant Solicitation Fee. The Company agrees to pay Global Roan or Merit a fee equal to the maximum percentage permitted by the NASD of seven percent (7%) 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 and the customer states in writing that the transaction was solicited and designates in writing the broker-dealer to receive compensation for the exercise; (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 Global Roan or _____________________ Merit and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Underwriters 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 prior to one year from the Effective Date.