Warrant Solicitation Clause Samples
Warrant Solicitation. Upon the exercise of any Warrants on or after the first anniversary of the Effective Date, the Company shall pay to Maidstone a commission of eight (8%) percent of the aggregate exercise price of such Warrants, a portion of which may be reallowed by Maidstone to the dealer who solicited the exercise (which may also be you), if: (i) the market price of the Common Stock is greater than the exercise price of the Warrant on the date of exercise; (ii) the exercise of the Warrant was solicited by Maidstone; (iii) the Warrant is not held in a discretionary account; (iv) the disclosure of the compensation arrangements has been made in documents provided to customers, both as part of the Offering and at the time of exercise; and (v) the solicitation of the Warrant was not in violation of Rule 101 of Regulation M promulgated under the Exchange Act. No commission shall be paid to you on any Warrant exercise prior to the first anniversary of the Effective Date, or on any Warrant exercised at any time without solicitation by Maidstone or a soliciting dealer.
Warrant Solicitation. Commencing one (1) year from the date hereof, upon the exercise of any Warrant, the exercise of which was solicited by the Representatives in accordance with the applicable rules and regulations of the NASD prevailing at the time of such solicitation, the Company shall pay to the soliciting Representative a fee of 5% of the aggregate exercise price of such Warrant (the "Warrant Solicitation Fee") within five (5) business days of such exercise, so long as the Representatives provided bona fide services in exchange for the Warrant Solicitation Fee and the Representatives have been specifically designated in writing by the holders of the Warrants as the broker. The Company further agrees that it will not solicit the exercise of any Warrant other than through the Representatives, unless either: (i) the Representatives cannot legally solicit the exercise of the Warrants at the time of such solicitation; (ii) the Representatives decline, in writing, to solicit the exercise of the Warrants within five (5) business days of such a written request by the Company; or (iii) the Representatives consent to the solicitation of the exercise of the Warrants by the Company or another entity.
Warrant Solicitation. Upon the exercise of any Warrants on or after the first anniversary of the Effective Date, the Company shall pay you a commission of 10 percent of the aggregate exercise price of such Warrants, 8 percent of which may be reallowed by you to the dealer who solicited the exercise (which may also be you), if: (i) the market price of the Class A Shares is greater than the exercise price of the Warrant on the date of exercise; (ii) the exercise of the Warrant was solicited by a member of the National Association of Securities Dealers, Inc. ("NASD"); (iii) the Warrant is not held in a discretionary account; (iv) the disclosure of the compensation arrangements has been made in documents provided to customers, both as part of the Offering and at the time of exercise; and (v) the solicitation of the Warrant was not in violation of Rule 10b-6 promulgated under the Exchange Act. The Company agrees not to solicit the exercise of any Warrant other than through you, and shall not authorize any other dealer to engage in such solicitation without your prior written consent. No commission shall be paid to you on any Warrant exercised prior to the first anniversary of the Effective Date, or on any Warrant exercised at any time without solicitation by you.
Warrant Solicitation. The Company agrees not to solicit Warrant exercises other than through the Underwriters. Upon any exercise of the Warrants after twelve (12) months from the effective date, the Company agrees to pay any Underwriter fee of [5]% of the aggregate Warrants exercise price, if: (i) the market price of the Common Stock on the date the Warrants are exercised is greater than the then exercise price of the Warrants; (ii) the exercise of the Warrants is solicited by such Underwriter at such time as it is a member of the NASD and such 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 was made both at the time of the offering and at the time of exercise of the Warrants; and (v) the solicitation of exercise of the Warrants was not in violation of Regulation M promulgated under the Exchange Act. No Warrant solicitation by an Underwriter will occur for a period of twelve (12) months after the effective date. The Underwriters may engage sub-agents in their solicitation efforts.
Warrant Solicitation. [Intentionally omitted]
Warrant Solicitation. Upon the exercise of any Warrants on or after the first anniversary of the Effective Date, the Company shall pay to Maso▇ ▇▇▇▇ ▇ ▇ommission of five (5%) percent of the aggregate exercise price of such Warrants, a portion of which may be reallowed by Maso▇ ▇▇▇▇ ▇▇ the dealer who solicited the exercise (which may also be you), if: (i) the market price of the Common Stock is greater than the exercise price of the Warrant on the date of exercise; (ii) the exercise of the Warrant was solicited by a member of the NASD; (iii) the Warrant is not held in a discretionary account; (iv) the disclosure of the compensation arrangements has been made in documents provided to customers, both as part of the Offering and at the time of exercise; and (v) the solicitation of the Warrant was not in violation of Regulation M promulgated under the Exchange Act. No commission shall be paid to you on any Warrant exercise prior to the first anniversary of the Effective Date, or on any Warrant exercised at any time without solicitation by Maso▇ ▇▇▇▇ ▇▇ a soliciting dealer.
Warrant Solicitation. Upon the exercise of any Warrants on or after the first anniversary of the Effective Date, the Company shall pay to Maso▇ ▇▇▇▇ ▇ ▇ommission of five (5%) percent of the aggregate exercise price of such Warrants, if: (i) the market price of the Common Stock is greater than the exercise price of the Warrant on the date of exercise; (ii) the exercise of the Warrant was solicited by a member of the NASD; (iii) the Warrant is not held in a discretionary account; (iv) the disclosure of the compensation arrangements has been made in documents provided to customers, both as part of the Offering and at the time of exercise; (v) the solicitation of the Warrant was not in violation of Regulation M promulgated under the Exchange Act; and (vi) you are designated in writing as the soliciting NASD member. No commission shall
Warrant Solicitation. Upon the exercise of any Warrants on or after the first anniversary of the Effective Date, the Company shall pay to the Underwriters a commission of eight (8%) percent of the aggregate exercise price of such Warrants, a portion of which may be reallowed by the Underwriters to the dealer who solicited the exercise (which may also be you), if: (i) the market price of the Common Stock is greater than the exercise price of the Warrant on the date of exercise; (ii) the exercise of the Warrant was solicited by a member of the NASD; (iii) the Warrant is not held in a discretionary account; (iv) the disclosure of the compensation arrangements has been made in documents provided to customers, both as part of the Offering and at the time of exercise; and (v) the solicitation of the Warrant was not in violation of Regulation M promulgated under the Exchange Act. No commission shall be paid to you on any Warrant exercise prior to the first anniversary of the Effective Date, or on any Warrant exercised at any time without solicitation by Underwriters or a soliciting dealer.
