SOLICITATION FEE Sample Clauses

SOLICITATION FEE. The Company reserves the right to pay a solicitation fee in the amount of 3% of the Exercise Price to NASD registered broker dealers or other authorized third parties.
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SOLICITATION FEE. The Company agrees to pay the Representative a fee (the "Warrant Solicitation Fee") of four percent (4%) of the aggregate exercise price of the Warrants if: (i) the market price of the Common Stock is greater than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants are solicited by the Representative or any other member of the NASD and the customer states in writing that the transaction was solicited and designates in writing the broker-dealer to receive compensation for the exercise; (iii) the disclosure of compensation arrangements was made both at the time of the Offering and at the time of the exercise of the Warrant; and (iv) the solicitation of the Warrant is not in violation of Regulation M promulgated under the Exchange Act. The Company agrees not to solicit the exercise of any Warrants other than through the Representative and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Representative which will not be unreasonably withheld. The Warrant Solicitation Fee will not be paid in a non-solicited transaction. No Warrant solicitation by the Representative will occur prior to one year from the Effective Date.
Sample 1
SOLICITATION FEE. The Company shall pay a solicitation fee to any NASD registered representative who, if after one year from the effective date of the Registration Statement the Warrants are called, causes the exercise thereof prior to the expiration as set forth in the Warrant Agreement, subject, however, to the provisions of the NASD Notice to Members 81-38 (September 22, 1981). NASD Notice to Members 81-38 provides that an NASD registered representative may not receive compensation as a result of any of the following transactions: (1) the exercise of Warrants where the market price of the underlying security is lower than the exercise price; (2) the exercise of Warrants held in any discretionary account; (3) the exercise of Warrants where disclosure of compensation arrangements has not been made in documents provided to customers both as part of the original offering and at the time of exercise; and, (4) the exercise of Warrants in unsolicited transactions. Unless granted an exemption from Rule 10b-6 of the Securities Exchange Act of 1934, the Underwriter and any soliciting Broker/Dealers will be prohibited from engaging in any market making activities with regards to the Company's securities for the period from nine (9) business days prior to any solicitation of the exercise of any Warrants until the later of the termination of the solicitation activity or the termination (by waiver of otherwise) of any right that the Underwriter and soliciting Broker/Dealers may have to receive a fee for the exercise of Warrants following such solicitation
Sample 1
SOLICITATION FEE. The Company has the right to pay soliciting dealers a solicitation fee equal to three percent of the exercise price of the Warrants.
Sample 1
SOLICITATION FEE a. For the solicitation the Company will issue Tavori 180,941 options representing 2% of all the issued shares of Class A Common Stock of the company as of the date of this agreement, to purchase shares of Class A Common Stock of the Company under its 2003 Stock Option Plan exercisable under the terms of the Stock Option Agreement to be signed concurrently with this agreement. The stock will be issued not later then 15 Sep. 2004.
Sample 1
SOLICITATION FEE. The Company agrees to pay the Underwriter a fee of five percent (5%) of the aggregate exercise price of the Warrants if (i) the market price of the Common stock is not less than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants is solicited by the Underwriter at such time as it is a member of the NASD, and the Underwriter is designated in writing by the holder of the Warrants as the NASD member soliciting the exercise; (iii) the Warrants are not held in a discretionary account; (iv) the disclosure of compensation arrangements is made both at the time of the Offering and at the time of the exercise; and (v) the solicitation of the Warrant exercise is not in violation of Rule 101 of Regulation M promulgated under the 1934 Act. The Company agrees not to solicit the exercise of any Warrant other than through the Underwriter and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Underwriter which will not be unreasonably withheld. The Warrant solicitation fee will not be paid in a non solicited transaction. Any request for exercise will be presumed to be unsolicited unless the customer states in writing that the transaction was solicited and designates in writing that the Underwriter solicited the exercise. No Warrant solicitation by the Underwriter will occur for a period of 12 months after the Effective Date.
Sample 1
SOLICITATION FEE 
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Related to SOLICITATION FEE

  • Warrant Solicitation Fees The Company hereby engages Xxxxxxx, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Company will (i) assist Xxxxxxx with respect to such solicitation, if requested by Xxxxxxx, and (ii) at Xxxxxxx’x request, provide Xxxxxxx, and direct the Company’s transfer and warrant agent to provide to Xxxxxxx, at the Company’s cost, lists of the record and, to the extent known, beneficial owners of, the Warrants. Commencing one year from the Effective Date, the Company will pay Xxxxxxx a commission of five percent of the exercise price of the Warrants for each Warrant exercised, payable on the date of such exercise, on the terms provided for in the Warrant Agreement, only if permitted under the rules and regulations of the NASD and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that Xxxxxxx solicited his exercise. Xxxxxxx may engage sub-agents in its solicitation efforts. The Company agrees to disclose the arrangement to pay such solicitation fees to Xxxxxxx in any prospectus used by the Company in connection with the registration of the shares of Common Stock underlying the Warrants.

  • Solicitation The Company will provide each holder of the Notes (irrespective of the amount of Notes then owned by it) with sufficient information, sufficiently far in advance of the date a decision is required, to enable such holder to make an informed and considered decision with respect to any proposed amendment, waiver or consent in respect of any of the provisions hereof or of the Notes. The Company will deliver executed or true and correct copies of each amendment, waiver or consent effected pursuant to the provisions of this Section 17 to each holder of outstanding Notes promptly following the date on which it is executed and delivered by, or receives the consent or approval of, the requisite holders of Notes.

  • Non-Solicitation; No-Hire You agree to comply with the provisions of this Section 1(a) during the period of your employment with PNC and the 12-month period following your Termination Date, regardless of the reason for such termination of employment, as follows:

  • Non-Competition; Non-Solicitation Executive acknowledges and recognizes the highly competitive nature of the businesses of the Company and its affiliates and accordingly agrees as follows:

  • Non-Hire/Non-Solicitation The Sub-Adviser hereby agrees that so long as the Sub-Adviser provides services to the Adviser or the Trust and for a period of one year following the date on which the Sub-Adviser ceases to provide services to the Adviser and the Trust, the Sub-Adviser shall not for any reason, directly or indirectly, on the Sub-Adviser’s own behalf or on behalf of others, hire any person employed by the Adviser, whether or not such person is a full-time employee or whether or not any person’s employment is pursuant to a written agreement or is at-will. The Sub-Adviser further agrees that, to the extent that the Sub-Adviser breaches the covenant described in this paragraph, the Adviser shall be entitled to pursue all appropriate remedies in law or equity.

  • Non-Solicitation; Non-Hire You agree that for two (2) years after the expiration or termination of this Agreement, you will not hire, solicit, aid or suggest to any (i) employee of Hearst-Argyle, its subsidiaries or affiliates, (ii) independent contractor or other service provider or (iii) any customer, agency or advertiser of Hearst-Argyle, its subsidiaries or affiliates to terminate such relationship or to stop doing business with Hearst-Argyle, its subsidiaries or affiliates. If you violate this provision, Hearst-Argyle will have the same right to injunctive relief as outlined in Paragraph 6, as well as any other remedies it may have. If any court of competent jurisdiction finds any part of this paragraph unenforceable as to its duration, scope or geographic area, it shall be deemed amended to conform to the scope that would permit it to be enforced.

  • Non-Solicitation Executive agrees that during the period of employment with the Company and for twelve (12) months after the date Executive’s employment is terminated for any reason, Executive will not, either directly or through others, solicit or encourage or attempt to solicit or encourage any employee, independent contractor, or consultant of the Company to terminate his or her relationship with the Company in order to become an employee, consultant or independent contractor to or for any other person or entity.

  • Antisolicitation The Executive promises and agrees that, during the period of his employment by the Company and for a period of one year thereafter, he will not influence or attempt to influence customers of the Company or any of its present or future subsidiaries or affiliates, either directly or indirectly, to divert their business to any individual, partnership, firm, corporation or other entity then in competition with the business of the Company, or any subsidiary or affiliate of the Company.

  • Non-Competition/Solicitation To the Company’s knowledge, no Respondent is subject to any non-competition agreement or non-solicitation agreement with any employer or prior employer which could materially affect such Respondent’s ability to be and act in the capacity of a director or officer of the Company, as applicable.

  • Non-Solicitation; Non-Competition (a) Executive agrees that, during the Term and until nine (9) months after the termination of his employment, Executive will not, directly or indirectly, including on behalf of any person, firm or other entity, employ or actively solicit for employment any employee of the Company or any of its Affiliated Entities, or anyone who was an employee of the Company or any of its Affiliated Entities within the nine (9) months prior to the termination of Executive’s employment, or induce any such employee to terminate his or his employment with the Company or any of its Affiliated Entities.

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