Warrant Solicitation and Warrant Solicitation Fee a. The Company has engaged EBC, 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 EBC with respect to such solicitation, if requested by EBC, and (ii) provide EBC, and direct the Company's transfer agent and the Warrant Agent to deliver to EBC, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC in every respect in connection with EBC's solicitation activities, including, but not limited to, providing to EBC, 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) 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(b), EBC shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also 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.
Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged Xxxxxxx, 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 Xxxxxxx with respect to such solicitation, if requested by Xxxxxxx, and (ii) provide Xxxxxxx, and direct the Company’s transfer agent and the Warrant Agent to deliver to Xxxxxxx, lists of the record and, to the extent known, beneficial owners of the Company’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with Xxxxxxx in every respect in connection with Xxxxxxx’x solicitation activities, including, but not limited to, providing to Xxxxxxx, 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) 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(b), Xxxxxxx shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that Xxxxxxx solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also 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.
Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged Xxxxxxx, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Unit Warrants. The Company will, at its cost, (i) assist Xxxxxxx with respect to such solicitation, if requested by Xxxxxxx, and (ii) provide Xxxxxxx, and direct the Warrant Agent to deliver to Xxxxxxx lists of the record and, to the extent known, beneficial owners of the Company’s Unit Warrants. The Company hereby instructs the Warrant Agent to cooperate with Xxxxxxx in every respect in connection with Xxxxxxx’x solicitation activities, including, but not limited to, providing to Xxxxxxx, at the Company’s cost, a list of record and beneficial holders of the Unit Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 7(b) below to holders of the Unit Warrants at the time of exercise of the Unit Warrants. In addition to the conditions set forth in Section 7(b), Xxxxxxx shall accept payment of the warrant solicitation fee provided in Section 7(b) only if permitted under the rules and regulations of the FINRA and only to the extent that a holder who exercises Unit Warrants specifically designates, in writing, that Xxxxxxx solicited the exercise.
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.
Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged X.X. Xxxxxxxxxx, 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 X.X. Xxxxxxxxxx with respect to such solicitation, if requested by X.X. Xxxxxxxxxx, and (ii) provide X.X. Xxxxxxxxxx, and direct the Company's transfer agent and the Warrant Agent to deliver to X.X. Xxxxxxxxxx, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with X.X. Xxxxxxxxxx in every respect in connection with X.X. Xxxxxxxxxx'x solicitation activities, including, but not limited to, providing to X.X. Xxxxxxxxxx, 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 3.3.4(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.4(b)
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 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,
Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged 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 (ii) provide to the Underwriters, and direct the Company's transfer and warrant agent to deliver to the Underwriters, 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 Underwriters in every respect in connection with the Underwriters' solicitation activities, including, but not limited to, providing to the Underwriters, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the
Warrant Solicitation and Warrant Solicitation Fee. (1) The Company has engaged X.X. Xxxxxxxx & Co., Inc. ("Xxxxxxxx"), 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 Xxxxxxxx with respect to such solicitation, if requested by Xxxxxxxx and (ii) provide Xxxxxxxx lists of the Registered Holders, and, to the extent known, beneficial owners of the Company's Warrants. In addition to the conditions set forth in Section 7(b) herein below, Xxxxxxxx shall accept payment of the warrant solicitation fee provided in Section 7(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 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.
Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged Maxim, on an exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will: (i) assist Maxim with respect to such solicitation, if requested by Maxim, and (ii) provide Maxim, and direct the Company's transfer agent and the Warrant Agent to deliver to Maxim, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with Maxim in every respect in connection with Maxim's solicitation activities, including, but not
Warrant Solicitation and Warrant Solicitation Fee. The Company has engaged the Placement Agent, on a non-exclusive basis, as its agent for the solicitation of the exercise of this Warrant (including any Extra Warrants). The Company, at its cost, will (i) assist the Placement Agent with respect to such solicitation, if requested by the Placement Agent and (ii) provide the Placement Agent, and direct the Company's transfer and warrant agents to deliver to the Placement Agent, lists of the record, and to the extent known, beneficial owners of the Warrants. The Company shall instruct the transfer and warrant agents to cooperate with the Placement Agent in every respect in connection with the Placement Agent's solicitation activities, including, but not limited to, providing to the Placement Agent, at the Company's cost, a list of record and beneficial holders of the Warrants and providing disclosure documents, where necessary, to the holders of the Warrants at the time of exercise of the Warrants. In each instance in which this Warrant is exercised, the Company shall promptly give written notice of such exercise to the Placement Agent. If, upon the exercise of this Warrant, (i) the market price of the Company's Common Stock is greater than the Purchase Price, (ii) disclosure of compensation arrangements was made at the time of offering and of exercise (as required by applicable law, rule or regulation), (iii) the exercise of this Warrant was solicited by the Placement Agent, (iv) this Warrant was not held in a discretionary account, and (v) the solicitation of the exercise of this Warrant was not in violation of Rule 10b-6 (as such rule or any successor rule may be in effect as of such time of exercise) promulgated under the Securities Exchange Act of 1934, as amended, then the Company shall, upon exercise of this Warrant, pay from the proceeds received upon exercise of this Warrant a fee of 5% of the Purchase Price to the Placement Agent, provided that the Placement Agent delivers to the Company a certificate that the conditions set forth in the preceding clauses (iii), (iv) and (v) have been satisfied. The Placement Agent may, at any time during business hours, examine the records of the Company, including its ledger of original Warrant certificates returned to the Company upon exercise of the Warrants. The Placement Agent is intended to be a third party beneficiary of this Section 18 and, as such, this section may not be amended, modified or deleted without the express written consent of the Placement Agent...
