Common use of Solicitation Fees Clause in Contracts

Solicitation Fees. The Company hereby engages 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 will (ii) provide to the Underwriter, and direct the Company's transfer and warrant agent to provide to the Underwriter, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. Commencing one year from the Effective Date, the Company will pay to the Underwriter a commission of five percent of the Warrant exercise price for each Warrant exercised, payable on the date of such exercise, on the terms provided for in the Warrant Agreement, if allowed under the rules and regulations of the NASD and only if the Underwriter has provided bona fide services to the Company in connection with the exercise of Warrants and has received written confirmation from the holder that the Underwriter has solicited such exercise. In addition to soliciting the exercise of Warrants, either orally or in writing, such services also may include disseminating information supplied to the Underwriter by the Company, either orally or in writing, to Warrantholders about the Company or the market for the Company's securities, and assisting in the processing of the exercise of Warrants. The Underwriter may engage sub-agents reasonably acceptable to the Company in its solicitation efforts. The Company will disclose the arrangement to pay such solicitation fees to the Underwriter in any prospectus used by the Company in connection with the registration of the shares of Common Stock underlying the Warrants.

Solicitation Fees. The Company hereby engages the Underwriter, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Underwriter hereby accepts such engagement to solicit the exercise of the Warrants at such times, and from time to time, that the Company and the Underwriter may deem appropriate. The Company, at its cost, will (i) assist the Underwriter with respect to such solicitation, if requested by the Underwriter and will (ii) provide to the Underwriter, and direct the Company's transfer and warrant agent to provide to the Underwriter, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. Commencing one year from the Effective Date, the Company will pay to the Underwriter a commission of five percent of the Warrant exercise price for each Warrant exercised, payable on the date of such exercise, on the terms provided for in the Warrant Agreement, if allowed under the rules and regulations of the NASD and only if the Underwriter has provided bona fide services to the Company in connection with the exercise of Warrants and has received written confirmation from the holder that the Underwriter has solicited such exerciseWarrants. In addition to soliciting the exercise of Warrants, either orally or in writing, the exercise of Warrants, such services may also may include disseminating information supplied to the Underwriter by the Companyinformation, either orally or in writing, writing to Warrantholders about the Company or the market for the Company's securities, and the assisting in the processing of the exercise of Warrants. The Underwriter may engage sub-agents reasonably acceptable to the Company in its solicitation efforts. The Company will disclose the arrangement to pay such solicitation fees to the Underwriter in any prospectus used by the Company in connection with the registration of the shares of Common Stock underlying the Warrants.