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.
(b) In each instance in which a Warrant is exercised, the Warrant Agent shall promptly give written notice of such exercise to the Company and Xxxxxxx (“Warrant Agent’s Exercise Notice”). If, upon the exercise of any Warrant more than one year from the effective date of the Registration Statement, (i) the market price of the Company’s Common Stock is greater than the Warrant Price, (ii) disclosure of compensation arrangements between the Company and Xxxxxxx with respect to the solicitation of the exercise of the Warrants was made both at the time of the Public Offering and at the time of exercise (by delivery of the Prospectus or as otherwise required by applicable law, rule or regulation), (iii) the holder of the Warrant confirms in writing that the exercise of the Warrant was solicited by Xxxxxxx, (iv) the Warrant was not held in a discretionar...
Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged Maxim, 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 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 limited to, providing to Maxim, 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), Maxim 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 Maxim solicited his, her or its 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.
(b) In each instance in which a Warrant is exercised, the Warrant Agent shall promptly give written notice of such exercise to the Company and Maxim (the “
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
Warrant Solicitation and Warrant Solicitation Fee. (a) The Company has engaged the Representative, 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 Representative with respect to such solicitation, if requested by the Representative and (ii) provide to the Representative, and direct the Company's transfer and warrant agent to deliver to the Representative, 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 Representative in every respect in connection with the Representative's solicitation activities, including, but not limited to, providing to the Representative, 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 Representative 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. 5.12.1 The Company hereby engages the Placement Agent, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Warrants (including 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 Warrant and providing disclosure documents, where necessary, to holders of the Warrants at the time of exercise of the Warrants.
5.12.2 In each instance in which a Warrant is exercised, the Company shall promptly give written notice of such exercise to the Placement Agent. If, upon the exercise of any Warrant, (i) the market price of the Company's Common Stock is greater than the Warrant exercise 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 the Warrant was solicited by the Placement Agent, (iv) the Warrant was not held in a discretionary account, and (v) the solicitation of the exercise of the 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 Exchange Act, then the Company shall, upon exercise of the Warrant, pay from the proceeds received upon exercise of the Warrant a fee of 5% of the Warrant exercise 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 Warrants.
Warrant Solicitation and Warrant Solicitation Fee a. The Company has engaged Broadband, 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 Broadband with respect to such solicitation, if requested by Broadband, and (ii) provide Broadband, and direct the Company's transfer and warrant agent to deliver to Broadband, 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 Broadband in every respect in connection with Broadband's solicitation activities, including, but not limited to, providing to Broadband, 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), Broadband shall accept payment of the warrant solicitation fee provided in Section 3.3.5
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.
Warrant Solicitation and Warrant Solicitation Fee a. The Company has engaged Xxxxxx Xxxxxx, 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 Xxxxxx Xxxxxx with respect to such solicitation, if requested by Xxxxxx Xxxxxx, and (ii) provide Xxxxxx Xxxxxx, and direct the Company's transfer agent and the Warrant Agent to deliver to Xxxxxx Xxxxxx, 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 Xxxxxx Xxxxxx in every respect in connection with Xxxxxx Xxxxxx'x solicitation activities, including, but not limited to, providing to Xxxxxx Xxxxxx, 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), Xxxxxx Xxxxxx shall accept payment of the warrant solicitation fee provided in Section 3.3.5
Warrant Solicitation and Warrant Solicitation Fee a. The Company has engaged the Representative, 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 Representative with respect to such solicitation, if requested by the Representative, and (ii) provide the Representative, and direct the Company's transfer agent and the Warrant Agent to deliver to the Representative, 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 the Representative in every respect in connection with the Representative's solicitation activities, including, but not limited to, providing to the Representative, at the Company's cost, a list of record 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), the Representative shall accept payment of the warrant solicitation fee provided in Section 3.3.5
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,
