Common use of Confirmation to the Company Clause in Contracts

Confirmation to the Company. If acting as sales agent hereunder, the Agent will provide no later than 10:00 p.m. ET on the Placement Date written confirmation to the Company setting forth the number of Shares placed on such Trading Day, the corresponding Sales Price, as well as the Nominal Price (in case of New Shares) and the Settlement Price (in case of New Shares) payable to the Company in respect thereof and the Selling Commission payable to the Agent in respect thereof. In case of New Shares, the Agent will (i) provide the subscription certificate in the form provided in Exhibit B together with such written confirmation, (ii) ensure that the Nominal Price is wired to the Bank Account on the Placement Date and received in the Bank Account prior to the issuance of the New Shares by the Company on the Settlement Date and (iii) irrevocably undertake to contribute the Settlement Price to the equity of the Company without issuing new shares (account 115 of the standard chart of accounts “apport en capitaux propres non rémunérés par des titres”) and ensure that the Settlement Price is received in the Bank Account on the Settlement Date following the issuance of the New Shares by the Company and prior to the delivery by the Agent of the placed New Shares to any third party. The Agent acknowledges and agrees that the Company will not be in a position to deliver New Shares in case of delay of payment of the Nominal Price. In case of Treasury Shares, the Agent will ensure that the Sales Price is received in the Bank Account on the Trading Day immediately following the Placement Date and the Company shall subsequently remit the Selling Commission to the Agent in immediately available funds to an account designated in writing by the Agent, no later than the Trading Day following the Placement Date.

Confirmation to the Company. If acting as sales agent hereunder, the Agent will provide no later than 10:00 p.m. ET on the Placement Date written confirmation to the Company setting forth the number of Shares placed on such Trading Day, the corresponding Sales Price, as well as the Nominal Price (in case of New Shares) and the Settlement Price (in case of New Shares) payable to the Company in respect thereof and the Selling Commission payable to the Agent in respect thereof. In case of New Shares, the Agent will (i) provide the subscription certificate in the form provided in Exhibit B together with such written confirmation, (ii) ensure that the Nominal Price is wired to the Bank Account on the Placement Date and received in the Bank Account prior to the issuance of the New Shares by the Company on the Settlement Date and (iii) irrevocably undertake to contribute the Settlement Price to the equity of the Company without issuing new shares (account 115 of the standard chart of accounts “"apport en capitaux propres non rémunérés par des titres”") and ensure that the Settlement Price is received in the Bank Account on the Settlement Date following the issuance of the New Shares by the Company and prior to the delivery by the Agent of the placed New Shares to any third party. The Agent acknowledges and agrees that the Company will not be in a position to deliver New Shares in case of delay of payment of the Nominal Price. In case of Treasury Shares, the Agent will ensure that the Sales Price is received in the Bank Account on the Trading Day immediately following the Placement Date and the Company shall subsequently remit the Selling Commission to the Agent in immediately available funds to an account designated in writing by the Agent, no later than the Trading Day following the Placement Date.