Common use of Fees and Rights of First Refusal Clause in Contracts

Fees and Rights of First Refusal. Except for the Company’s contractual arrangement with Enable Capital Partners in existence prior to the date of this Agreement and as set forth on Schedule 4.21, the Company is not obligated to offer the securities offered hereunder on a right of first refusal basis or otherwise to any third parties including, but not limited to, current or former shareholders of the Company, underwriters, brokers, agents or other third parties.

Fees and Rights of First Refusal. Except for the Company’s contractual arrangement with Enable Capital Partners in existence prior to the date of this Agreement and as set forth on Schedule 4.21Section 3(u) of such Company’s Disclosure Schedule, the Company is not obligated to offer the securities offered hereunder on a right of first refusal basis or otherwise to any third parties including, but not limited to, current or former shareholders of the Company, underwriters, brokers, agents or other third parties.

Fees and Rights of First Refusal. Except for the Company’s contractual arrangement with Enable Capital Partners as disclosed in existence prior to the date of this Agreement and as set forth on Schedule 4.213(w), the Company is not obligated to offer the securities offered hereunder on a right of first refusal basis or otherwise to any third parties including, but not limited to, current or former shareholders of the Company, underwriters, brokers, agents or other third parties.