Common use of Warrant Solicitation Clause in Contracts

Warrant Solicitation. Upon the exercise of any Warrants on or after the first anniversary of the Effective Date, the Company shall pay to Maidstone a commission of five (5%) percent of the aggregate exercise price of such Warrants, a portion of which may be reallowed by Maidstone to the dealer who solicited the exercise (which may also be you), if: (i) the market price of the Common Stock is greater than the exercise price of the Warrant on the date of exercise; (ii) the exercise of the Warrant was solicited by a member of the NASD; (iii) the Warrant is not held in a discretionary account; (iv) the disclosure of the compensation arrangements has been made in documents provided to customers, both as part of the Offering and at the time of exercise; and (v) the solicitation of the Warrant was not in violation of Regulation M promulgated under the Exchange Act. No commission shall be paid to you on any Warrant exercise prior to the first anniversary of the Effective Date, or on any Warrant exercised at any time without solicitation by Maidstone or a soliciting dealer.

Warrant Solicitation. Upon the exercise of any Warrants on or after the first anniversary of the Effective Date, the Company shall pay to Maidstone a commission of five (5%) percent of the aggregate exercise price of such Warrants, a portion of which may be reallowed by Maidstone to the dealer who solicited the exercise (which may also be you), if: (i) the market price of the Common Stock is greater than the exercise price of the Warrant on the date of exercise; (ii) the exercise of the Warrant was solicited by a member of the NASDMaidstone; (iii) the Warrant is not held in a discretionary account; (iv) the disclosure of the compensation arrangements has been made in documents provided to customers, both as part of the Offering and at the time of exercise; and (v) the solicitation of the Warrant was not in violation of Regulation M Rule 10b-6 promulgated under the Exchange Act. No commission shall be paid to you on any Warrant exercise prior to the first anniversary of the Effective Date, or on any Warrant exercised at any time without solicitation by Maidstone or a soliciting dealer.

Warrant Solicitation. Upon the exercise of any Warrants on or after the first anniversary of the Effective Date, the Company shall pay to Maidstone the Underwriters a commission of five eight (58%) percent of the aggregate exercise price of such Warrants, a portion of which may be reallowed by Maidstone the Underwriters to the dealer who solicited the exercise (which may also be you), if: (i) the market price of the Common Stock is greater than the exercise price of the Warrant on the date of exercise; (ii) the exercise of the Warrant was solicited by a member of the NASD; (iii) the Warrant is not held in a discretionary account; (iv) the disclosure of the compensation arrangements has been made in documents provided to customers, both as part of the Offering and at the time of exercise; and (v) the solicitation of the Warrant was not in violation of Regulation M promulgated under the Exchange Act. No commission shall be paid to you on any Warrant exercise prior to the first anniversary of the Effective Date, or on any Warrant exercised at any time without solicitation by Maidstone Underwriters or a soliciting dealer.

Warrant Solicitation. Upon the exercise of any Warrants on or after the first anniversary of the Effective Date, the Company shall pay to Maidstone a commission of five eight (58%) percent of the aggregate exercise price of such Warrants, a portion of which may be reallowed by Maidstone to the dealer who solicited the exercise (which may also be you), if: (i) the market price of the Common Stock is greater than the exercise price of the Warrant on the date of exercise; (ii) the exercise of the Warrant was solicited by a member of the NASDMaidstone; (iii) the Warrant is not held in a discretionary account; (iv) the disclosure of the compensation arrangements has been made in documents provided to customers, both as part of the Offering and at the time of exercise; and (v) the solicitation of the Warrant was not in violation of Rule 101 of Regulation M promulgated under the Exchange Act. No commission shall be paid to you on any Warrant exercise prior to the first anniversary of the Effective Date, or on any Warrant exercised at any time without solicitation by Maidstone or a soliciting dealer.

Warrant Solicitation. Upon the exercise of any Warrants on or after the first anniversary of the Effective Date, the Company shall pay to Maidstone a commission of five eight (58%) percent of the aggregate exercise price of such Warrants, a portion of which may be reallowed by Maidstone to the dealer who solicited the exercise (which may also be you), if: (i) the market price of the Common Stock is greater than the exercise price of the Warrant on the date of exercise; (ii) the exercise of the Warrant was solicited by a member of the NASDMaidstone; (iii) the Warrant is not held in a discretionary account; (iv) the disclosure of the compensation arrangements has been made in documents provided to customers, both as part of the Offering and at the time of exercise; and (v) the solicitation of the Warrant was not in violation of Regulation M Rule 10b-6 promulgated under the Exchange Act. No commission shall be paid to you on any Warrant exercise prior to the first anniversary of the Effective Date, or on any Warrant exercised at any time without solicitation by Maidstone or a soliciting dealer.