Common use of Placement Agent’s Fee Clause in Contracts

Placement Agent’s Fee. The Company shall pay to ▇▇▇▇▇▇▇▇▇▇ a cash placement fee (the “Placement Agent’s Closing Fee”) equal to 7% of the aggregate purchase price paid by each purchaser of Securities that are placed in each Offering by ▇▇▇▇▇▇▇▇▇▇; provided, that solely with respect to the private placement of up to $5,800,000 of Series B Convertible Preferred Stock and associated warrants, the Placement Agent’s Closing Fee shall be 6% of the aggregate purchase price paid by each purchaser of such securities that are placed in such private placement Offering. The Placement Agent’s Closing Fee shall be paid at the closing of the Offering (the “Closing”) from escrow from the gross proceeds of the Securities sold. Additionally, a cash fee payable within 48 hours of (but only in the event of) the receipt by the Company of any proceeds from the cash exercise of the “Series B” warrants sold in the Company’s PIPE financing closed in April 2013 (the “April Offering”), equal to 6% of the aggregate cash exercise price received by the Company upon such exercise, if such exercise is solicited by ▇▇▇▇▇▇▇▇▇▇ (together with the Placement Agent’s Closing Fee, the “Placement Agent’s Fee”). No Placement Agent’s Fee shall be payable to ▇▇▇▇▇▇▇▇▇▇ for proceeds from purchasers included on Annex A.

Placement Agent’s Fee. The As compensation for services rendered, the Company shall pay to ▇▇▇▇▇▇▇▇▇▇ a the Placement Agent in cash placement fee by wire transfer in immediately available funds to an account or accounts designated by the Placement Agent an amount (the “Placement Agent’s Closing Fee”) equal to 7eight percent (8.0%) of the aggregate gross proceeds received by the Company from the sale of the Securities (provided, that with respect to Securities sold to investors introduced to the Offering by the Company the Placement Fee shall be four percent (4.0%)), at the closing (the “Closing” and the date on which the Closing occurs, the “Closing Date”); and the Company shall issue to the Placement Agent or its designees at the Closing five-year warrants to purchase such number of Shares (as defined in Section 3) equal to 3.0% of the aggregate purchase Shares and Pre-Funded Warrants sold in this Offering, at an exercise price paid by each purchaser of Securities that are placed in each Offering by ▇▇▇▇▇▇▇▇▇▇; provided, that solely with respect to the private placement of up to $5,800,000 of Series B Convertible Preferred Stock and associated warrants, the Placement Agent’s Closing Fee shall be 6[___] (125% of the aggregate purchase price paid by each purchaser of such securities that are placed in such private placement Offering. The Placement Agent’s Closing Fee per Share), which warrants shall be paid exercisable at any time, during the closing period commencing six months from the date of the Offering (the “Closing”) from escrow from the gross proceeds of the Securities sold. Additionally, a cash fee payable within 48 hours of (but only in the event of) the receipt by the Company of any proceeds from the cash exercise of the “Series BPlacement Agent Warrant” warrants sold in the Company’s PIPE financing closed in April 2013 (the “April Offering”), equal to 6% of the aggregate cash exercise price received by the Company upon such exercise, if such exercise is solicited by ▇▇▇▇▇▇▇▇▇▇ (and together with the shares of Common Stock underlying the Placement Agent’s Closing FeeAgent Warrant, the “Placement Agent’s FeeAgent Securities”). No The Placement Agent may deduct from the net proceeds of the Offering payable to the Company on the Closing Date the Placement Fee set forth herein to be paid by the Company to the Placement Agent’s Fee shall be payable to ▇▇▇▇▇▇▇▇▇▇ for proceeds from purchasers included on Annex A..

Placement Agent’s Fee. The As compensation for services rendered, the Company shall pay to ▇▇▇▇▇▇▇▇▇▇ a the Placement Agent in cash placement fee by wire transfer in immediately available funds to an account or accounts designated by the Placement Agent an amount (the “Placement Agent’s Closing Fee”) equal to 7eight percent (8.0%) of the aggregate gross proceeds received by the Company from the sale of the Securities, at the closing (the “Closing” and the date on which the Closing occurs, the “Closing Date”); and the Company shall issue to the Placement Agent or its designees at the Closing five-year warrants to purchase such number of Shares (as defined in Section 3) equal to 4.0% of the aggregate purchase Shares (which shall include the Shares purchasable under any Pre-Funded Warrants (as defined in Section 3)) and the Shares purchasable under the Common Warrants (as defined in Section 3) sold in this Offering, at an exercise price paid by each purchaser of Securities that are placed in each Offering by ▇▇▇▇▇▇▇▇▇▇; provided, that solely with respect to the private placement of up to $5,800,000 of Series B Convertible Preferred Stock and associated warrants, the Placement Agent’s Closing Fee shall be 6[___] (125% of the aggregate purchase price paid by each purchaser of such securities that are placed in such private placement Offering. The Placement Agent’s Closing Fee per Share), which warrants shall be paid exercisable at any time, during the closing period commencing six months from the date of the Offering (the “Closing”) from escrow from the gross proceeds of the Securities sold. Additionally, a cash fee payable within 48 hours of (but only in the event of) the receipt by the Company of any proceeds from the cash exercise of the “Series BPlacement Agent Warrant” warrants sold in the Company’s PIPE financing closed in April 2013 (the “April Offering”), equal to 6% of the aggregate cash exercise price received by the Company upon such exercise, if such exercise is solicited by ▇▇▇▇▇▇▇▇▇▇ (and together with the shares of Common Stock underlying the Placement Agent’s Closing FeeAgent Warrant, the “Placement Agent’s FeeAgent Securities”). No The Placement Agent may deduct from the net proceeds of the Offering payable to the Company on the Closing Date the Placement Fee set forth herein to be paid by the Company to the Placement Agent’s Fee shall be payable to ▇▇▇▇▇▇▇▇▇▇ for proceeds from purchasers included on Annex A..