Common use of Warrant Solicitation and Warrant Solicitation Fee Clause in Contracts

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBC, 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 EBC with respect to such solicitation, if requested by EBC, and (ii) provide EBC, and direct the Company's transfer agent and the Warrant Agent to deliver to EBC, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC in every respect in connection with EBC's solicitation activities, including, but not limited to, providing to EBC, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 15 contracts

Samples: Warrant Agreement (Cea Acquisition Corp), Warrant Agreement (Cea Acquisition Corp), Warrant Agreement (Cea Acquisition Corp)

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Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCthe Representatives, on a non-exclusive basis, as its agent agents for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist EBC the Representatives with respect to such solicitation, if requested by EBCthe Representatives, and (ii) provide EBCthe Representatives, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCthe Representatives, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC the Representatives in every respect in connection with EBC's the Representatives’ solicitation activities, including, but not limited to, providing to EBCthe Representatives, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC the Representatives shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has they have provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC the Representatives solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 7 contracts

Samples: Class a Warrant Agreement (Middle Kingdom Alliance Corp.), Class a Warrant Agreement (Middle Kingdom Alliance Corp.), Class a Warrant Agreement (Middle Kingdom Alliance Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCMaxim Group LLC (“Maxim”), 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 EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBC's Maxim’s solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Maxim solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 6 contracts

Samples: Form of Warrant Agreement (Pinpoint Advance CORP), Warrant Agreement (Energy Infrastructure Acquisition Corp.), Warrant Agreement (Energy Infrastructure Acquisition Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCthe Representative, on a non-exclusive basis, as its agent agents for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist EBC the Representative with respect to such solicitation, if requested by EBCthe Representative, and (ii) provide EBCthe Representative, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCthe Representative, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC the Representative in every respect in connection with EBC's the Representative’s solicitation activities, including, but not limited to, providing to EBCthe Representative, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC the Representative shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has they have provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC the Representative solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 5 contracts

Samples: Class B Warrant Agreement (Funtalk China Holdings LTD), Class a Warrant Agreement (Funtalk China Holdings LTD), Class a Warrant Agreement (Middle Kingdom Alliance Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCthe Representatives, on a non-exclusive basis, as its agent agents for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist EBC the Representatives with respect to such solicitation, if requested by EBCthe Representatives, and (ii) provide EBCthe Representatives, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCthe Representatives, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC the Representatives in every respect in connection with EBC's the Representatives’ solicitation activities, including, but not limited to, providing to EBCthe Representatives, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC the Representatives shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has they have provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC the Representatives solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 5 contracts

Samples: Warrant Agreement (Sand Hill It Security Acquisition Corp), Warrant Agreement (Sand Hill It Security Acquisition Corp), Warrant Agreement (Shanghai Century Acquisition Corp)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCLadenburg, 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 EBC Ladenburg with respect to such solicitation, if requested by EBCLadenburg, and (ii) provide EBCLadenburg, and direct the Company's ’s transfer and warrant agent and the Warrant Agent to deliver to EBCLadenburg, lists of the record andrecord, and to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Ladenburg in every respect in connection with EBC's Ladenburg’s solicitation activities, including, but not limited to, providing to EBCLadenburg, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Ladenburg shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Ladenburg solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holderWarrantholder, such services may also include disseminating information, either orally or in writing, to Warrant holders Warrantholders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 5 contracts

Samples: Warrant Agreement (Millennium India Acquisition CO Inc.), Warrant Agreement (Millennium India Acquisition CO Inc.), Warrant Agreement (Millennium India Acquisition CO Inc.)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCLadenburg, 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 EBC Ladenburg with respect to such solicitation, if requested by EBCLadenburg, and (ii) provide EBCLadenburg, and direct the Company's ’s transfer and warrant agent and the Warrant Agent to deliver to EBCLadenburg, lists of the record andrecord, and to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Ladenburg in every respect in connection with EBC's Ladenburg’s solicitation activities, including, but not limited to, providing to EBCLadenburg, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Ladenburg shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Ladenburg solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holderWarrantholder, such services may also include disseminating information, either orally or in writing, to Warrant holders Warrantholders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 4 contracts

Samples: Warrant Agreement (Endeavor Acquisition Corp.), Warrant Agreement (QuadraPoint Acquisition Corp.), Warrant Agreement (Endeavor Acquisition Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCthe Representatives, on a non-exclusive basis, as its agent agents for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist EBC the Representatives with respect to such solicitation, if requested by EBCthe Representatives, and (ii) provide EBCthe Representatives, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCthe Representatives, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC the Representatives in every respect in connection with EBC's the Representatives' solicitation activities, including, but not limited to, providing to EBCthe Representatives, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC the Representatives shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has they have provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC the Representatives solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 4 contracts

Samples: Warrant Agreement (Coastal Bancshares Acquisition Corp.), Warrant Agreement (Coastal Bancshares Acquisition Corp.), Warrant Agreement (Coastal Bancshares Acquisition Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCSunrise, 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 EBC Sunrise with respect to such solicitation, if requested by EBCSunrise, and (ii) provide EBCSunrise, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCSunrise, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Sunrise in every respect in connection with EBC's Sunrise’s solicitation activities, including, but not limited to, providing to EBCSunrise, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Sunrise shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Sunrise solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 4 contracts

Samples: Warrant Agreement (Fortress America Acquisition CORP), Warrant Agreement (Fortress America Acquisition CORP), Warrant Agreement (Fortress America Acquisition CORP)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCthe Representative, 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 EBC the Representative with respect to such solicitation, if requested by EBC, the Representative and (ii) provide EBCto the Representative, and direct the Company's transfer and warrant agent and the Warrant Agent to deliver to EBCthe Representative, lists of the record andrecord, and to the extent known, beneficial owners of the Company's Warrants. The Accordingly, the Company hereby instructs the Warrant Agent to cooperate with EBC the Representative in every respect in connection with EBCthe Representative's solicitation activities, including, but not limited to, providing to EBCthe Representative, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC the Representative shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC solicited his exerciseWarrants. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services also may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 3 contracts

Samples: Warrant Agreement (Gigabeam Corp), Warrant Agreement (Gigabeam Corp), Warrant Agreement (Gigabeam Corp)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCMaxim, 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 EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBCMaxim's solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Maxim solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 3 contracts

Samples: Warrant Agreement (Affinity Media International Corp.,), Warrant Agreement (Healthcare Acquisition Corp), Warrant Agreement (Healthcare Acquisition Corp)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCthe Representative, 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 EBC the Representative with respect to such solicitation, if requested by EBCthe Representative, and (ii) provide EBCthe Representative, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCthe Representative, lists of the record Registered Holders and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to fully cooperate with EBC the Representative in every respect in connection with EBC's the Representative’s solicitation activities, including, but not limited to, providing to EBCthe Representative, at the Company's ’s cost, a list of record the Registered Holders and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b3.4(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b3.4(b), EBC the Representative shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b3.4(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC the Representative solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holderRegistered Holder, such services may also include disseminating information, either orally or in writing, to Warrant holders Registered Holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 3 contracts

Samples: Warrant Agreement (Trans-India Acquisition Corp), Warrant Agreement (Trans-India Acquisition Corp), Warrant Agreement (Trans-India Acquisition Corp)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBC, 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 EBC with respect to such solicitation, if requested by EBC, and (ii) provide EBC, and direct the Company's transfer and warrant agent and the Warrant Agent to deliver to EBC, lists of the record andrecord, and to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC in every respect in connection with EBC's solicitation activities, including, but not limited to, providing to EBC, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holderWarrantholder, such services may also include disseminating information, either orally or in writing, to Warrant holders Warrantholders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 3 contracts

Samples: Warrant Agreement (Millstream Acquisition Corp), Warrant Agreement (Millstream Acquisition Corp), Warrant Agreement (Millstream Acquisition Corp)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCXxxxxx, 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 EBC Xxxxxx with respect to such solicitation, if requested by EBCXxxxxx, and (ii) provide EBCXxxxxx, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCXxxxxx, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Xxxxxx in every respect in connection with EBC's Xxxxxx'x solicitation activities, including, but not limited to, providing to EBCXxxxxx, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Xxxxxx shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Xxxxxx solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating informationinformation provided by the Company, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 3 contracts

Samples: Warrant Agreement (InterAmerican Acquisition Group Inc), Warrant Agreement (InterAmerican Acquisition Group Inc), Warrant Agreement (InterAmerican Acquisition Group Inc)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCCRT, 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 EBC CRT with respect to such solicitation, if requested by EBCCRT, and (ii) provide EBCCRT, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCCRT, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC CRT in every respect in connection with EBC's CRT’s solicitation activities, including, but not limited to, providing to EBCCRT, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC CRT shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC CRT solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 3 contracts

Samples: Warrant Agreement (Federal Services Acquisition CORP), Warrant Agreement (Federal Services Acquisition CORP), Warrant Agreement (Federal Services Acquisition CORP)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCSunrise, 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 EBC Sunrise with respect to such solicitation, if requested by EBCSunrise, and (ii) provide EBCSunrise, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCSunrise, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Sunrise in every respect in connection with EBCSunrise's solicitation activities, including, but not limited to, providing to EBCSunrise, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Sunrise shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Sunrise solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 3 contracts

Samples: Warrant Agreement (International Metal Enterprises, Inc.), Warrant Agreement (International Metal Enterprises, Inc.), Warrant Agreement (International Metal Enterprises, Inc.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCMaxim, 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 EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBC's Maxim’s solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Maxim solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 3 contracts

Samples: Warrant Agreement (Industrial Services Acquisition Corp.), Warrant Agreement (Industrial Services Acquisition Corp.), Warrant Agreement (Affinity Media International Corp.,)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCMaxim Group LLC (“Maxim”), 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 EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBC's Maxim’s solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Maxim solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holderRegistered Holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 3 contracts

Samples: Form of Warrant Agreement (Asia Special Situation Acquisition Corp), Form of Warrant Agreement (Asia Special Situation Acquisition Corp), Form of Warrant Agreement (Asia Special Situation Acquisition Corp)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCMaxim Group LLC (“Maxim”), on a non-exclusive basis, as its agent for the solicitation of the exercise of the Public Warrants. The Company, at its cost, will (i) assist EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's ’s Public Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBC's Maxim’s solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's ’s cost, a list of record and beneficial holders of the Public Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b3.3.6(b) below to holders of the Public Warrants at the time of exercise of the Public Warrants. In addition to the conditions set forth in Section 3.3.5(b3.3.6(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b3.3.6(b) only if it has provided bona fide services to the Company in connection with the exercise of the Public Warrants and only to the extent that an investor who exercises his Public Warrants specifically designates, in writing, that EBC Maxim solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Public Warrants by a Public Warrant holder, such services may also include disseminating information, either orally or in writing, to Public Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Public Warrants.

Appears in 3 contracts

Samples: Warrant Agreement (China Resources Ltd.), Warrant Agreement (United Refining Energy Corp), Warrant Agreement (United Refining Energy Corp)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCSunrise, 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 EBC Sunrise with respect to such solicitation, if requested by EBCSunrise, and (ii) provide EBCSunrise, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCSunrise, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Sunrise in every respect in connection with EBC's Sunrise’s solicitation activities, including, but not limited to, providing to EBCSunrise, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Sunrise shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Sunrise solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (International Shipping Enterprises, Inc.), Warrant Agreement (International Shipping Enterprises, Inc.)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBC, on a non-non- exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist EBC with respect to such solicitation, if requested by EBC, and (ii) provide EBC, and direct the Company's transfer agent and the Warrant Agent to deliver to EBC, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC in every respect in connection with EBC's solicitation activities, including, but not limited to, providing to EBC, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Arpeggio Acquisition Corp), Warrant Agreement (Arpeggio Acquisition Corp)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCCasimir, 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 EBC Casimir with respect to such solicitation, if requested by EBCCasimir, and (ii) provide EBCCasimir, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCCasimir, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Casimir in every respect in connection with EBCCasimir's solicitation activities, including, but not limited to, providing to EBCCasimir, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Casimir shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Casimir solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Platinum Energy Resources Inc), Warrant Agreement (Platinum Energy Resources Inc)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCthe Representative, 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 EBC the Representative with respect to such solicitation, if requested by EBC, the Representative and (ii) provide EBCto the Representative, and direct the Company's ’s transfer and warrant agent and the Warrant Agent to deliver to EBCthe Representative, lists of the record andrecord, and to the extent known, beneficial owners of the Company's ’s Warrants. The Accordingly, the Company hereby instructs the Warrant Agent to cooperate with EBC the Representative in every respect in connection with EBC's the Representative’s solicitation activities, including, but not limited to, providing to EBCthe Representative, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC the Representative shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC solicited his exerciseWarrants. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services also may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (American Telecom Services Inc), Warrant Agreement (Gigabeam Corp)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCMaxim Group LLC ("Maxim"), 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 EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBCMaxim's solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Maxim solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Star Maritime Acquisition Corp.), Warrant Agreement (Star Maritime Acquisition Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCXxxxxxx, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Class A Warrants and the Class B Warrants. The CompanyCompany will, at its cost, will (i) assist EBC Xxxxxxx with respect to such solicitation, if requested by EBCXxxxxxx, and (ii) provide EBCXxxxxxx, and direct the Company's transfer agent and the Warrant Agent to deliver to EBC, Xxxxxxx lists of the record and, to the extent known, beneficial owners of the Company's ’s Class A Warrants and Class B Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Xxxxxxx in every respect in connection with EBC's Xxxxxxx’x solicitation activities, including, but not limited to, providing to EBCXxxxxxx, at the Company's ’s cost, a list of record and beneficial holders of the Class A Warrants and the Class B Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b7(b) below to holders of the Warrants Warrant Holders at the time of exercise of the Class A Warrants or Class B Warrants. In addition to the conditions set forth in Section 3.3.5(b7(b), EBC Xxxxxxx shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b7(b) only if it has provided bona fide services to permitted under the Company in connection with the exercise rules and regulations of the Warrants Financial Industry Regulatory Authority and only to the extent that an investor a holder who exercises his Class A Warrants or Class B Warrants specifically designates, in writing, that EBC Xxxxxxx solicited his the exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (S&W Seed Co), Warrant Agreement (S&W Seed Co)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCGranite, 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 EBC Granite with respect to such solicitation, if requested by EBCGranite, and (ii) provide EBCGranite, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCGranite, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Granite in every respect in connection with EBCGranite's solicitation activities, including, but not limited to, providing to EBCGranite, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Granite shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Granite solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating informationinformation provided by the Company, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (InterAmerican Acquisition Group Inc), Warrant Agreement (InterAmerican Acquisition Group Inc)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCMaxim Group LLC (“Maxim”), on a non-exclusive basis, as its agent for the solicitation of the exercise of the Public Warrants. The Company, at its cost, will (i) assist EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's ’s Public Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBC's Maxim’s solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's ’s cost, a list of record and beneficial holders of the Public Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Public Warrants at the time of exercise of the Public Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Public Warrants and only to the extent that an investor who exercises his Public Warrants specifically designates, in writing, that EBC Maxim solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Public Warrants by a Public Warrant holder, such services may also include disseminating information, either orally or in writing, to Public Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Public Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Seanergy Maritime Corp.), Warrant Agreement (Seanergy Maritime Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCMaxim Group LLC ("MAXIM"), 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 EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBCMaxim's solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Maxim solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Alpha Security Group CORP), Warrant Agreement (Alpha Security Group CORP)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCMaxim Group LLC ("MAXIM"), on a non-exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will will: (i) assist EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBCMaxim's solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Maxim solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Alpha Security Group CORP), Warrant Agreement (Alpha Security Group CORP)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCChardan, 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 EBC Chardan with respect to such solicitation, if requested by EBCChardan, and (ii) provide EBCChardan, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCChardan, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Chardan in every respect in connection with EBC's Chardan’s solicitation activities, including, but not limited to, providing to EBCChardan, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Chardan shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Chardan solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating informationinformation provided by the Company, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (InterAmerican Acquisition Group Inc), Warrant Agreement (CNC Development Ltd.)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCthe Representative, 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 EBC the Representative with respect to such solicitation, if requested by EBCthe Representative, and (ii) provide EBCthe Representative, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCthe Representative, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC the Representative in every respect in connection with EBC's the Representative’ solicitation activities, including, but not limited to, providing to EBCthe Representative, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC the Representative shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC the Representative solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Community Bankers Acquisition Corp.), Warrant Agreement (Community Bankers Acquisition Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCXxxxxx, 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 EBC Xxxxxx with respect to such solicitation, if requested by EBCXxxxxx, and (ii) provide EBCXxxxxx, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCXxxxxx, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to fully cooperate with EBC Xxxxxx in every respect in connection with EBC's Xxxxxx’x solicitation activities, including, but not limited to, providing to EBCXxxxxx, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Xxxxxx shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Xxxxxx solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Phoenix India Acquisition Corp.), Warrant Agreement (Phoenix India Acquisition Corp.)

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Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCXxxxxx Xxxxxx, 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 EBC Xxxxxx Xxxxxx with respect to such solicitation, if requested by EBCXxxxxx Xxxxxx, and (ii) provide EBCXxxxxx Xxxxxx, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCXxxxxx Xxxxxx, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Xxxxxx Xxxxxx in every respect in connection with EBC's Xxxxxx Xxxxxx'x solicitation activities, including, but not limited to, providing to EBCXxxxxx Xxxxxx, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Xxxxxx Xxxxxx shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Xxxxxx Xxxxxx solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Aldabra Acquisition CORP), Warrant Agreement (Aldabra Acquisition CORP)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCLadenburg, 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 EBC Ladenburg with respect to such solicitation, if requested by EBCLadenburg, and (ii) provide EBCLadenburg, and direct the Company's transfer and warrant agent and the Warrant Agent to deliver to EBCLadenburg, lists of the record andrecord, and to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Ladenburg in every respect in connection with EBCLadenburg's solicitation activities, including, but not limited to, providing to EBCLadenburg, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Ladenburg shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Ladenburg solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holderWarrantholder, such services may also include disseminating information, either orally or in writing, to Warrant holders Warrantholders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Renaissance Acquisition Corp.), Warrant Agreement (Manhattan Maritime Enterprises, Inc.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCRodman, on a non-exclusive basis, as its xx xts agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist EBC Rodman with respect to such solicitationsoxxxxxxtion, if requested by EBCRodman, and (ii) provide EBCRodman, and direct xxx xirect the Company's transfer xxxxxxer agent and the Warrant Agent to deliver to EBCRodman, lists of the record and, to the xx xxe extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Rodman in every respect in connection with EBCconnecxxxx xith Rodman's solicitation activities, includingxxxxxxxng, but not limited to, providing to EBCRodman, at the Company's cost, a list x xxst of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Rodman shall accept payment of the warrant thx xxxxant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Rodman solicited his exercisehis, her or ixx xxxrcise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Argyle Security Acquisition CORP), Warrant Agreement (Argyle Security Acquisition CORP)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCXxxxxx Xxxxx, 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 EBC Xxxxxx Xxxxx with respect to such solicitation, if requested by EBCXxxxxx Xxxxx, and (ii) at Xxxxxx Xxxxx’ request, provide EBCXxxxxx Xxxxx, and direct the Company's ’s transfer and warrant agent and the Warrant Agent to deliver to EBCprovide Xxxxxx Xxxxx, lists of the record andrecord, and to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Xxxxxx Xxxxx in every respect in connection with EBC's Xxxxxx Xxxxx’ solicitation activities, including, but not limited to, providing to EBCXxxxxx Xxxxx, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Xxxxxx Xxxxx shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to permitted under the Company in connection with the exercise rules and regulations of the Warrants NASD and only to the extent that an the investor who exercises his his, her or its Warrants specifically designates, in writing, that EBC Xxxxxx Xxxxx solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holderWarrantholder, such services may also include disseminating information, either orally or in writing, to Warrant holders Warrantholders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Viragen Inc)

Warrant Solicitation and Warrant Solicitation Fee. a. 3.4.1 The Company has engaged EBCHCFP, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Public Warrants. The Company, at its cost, will (i) assist EBC HCFP with respect to such solicitation, if requested by EBCHCFP, and (ii) provide EBC, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCHCFP, lists of the record and, to the extent known, beneficial owners of the Company's Public Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC HCFP in every respect in connection with EBC's HCFP’s solicitation activities, including, but not limited to, providing to EBCHCFP, at the Company's ’s cost, a list of record and and, to the extent known, beneficial holders owners of the Public Warrants and circulating a prospectus or offering circular provided by the Company disclosing the compensation arrangements referenced in Section 3.3.5(b) 3.4.2 below to holders of the Public Warrants at the time of exercise of the Public Warrants. In addition to the conditions set forth in Section 3.3.5(b)3.4.2, EBC HCFP shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) 3.4.2 only if it has provided bona fide services to the Company in connection with the exercise of the Public Warrants and only to the extent that an investor who exercises his Public Warrants specifically designates, in writing, that EBC HCFP solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Public Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Public Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Gigabeam Corp)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCMaxim, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Public Warrants. The Company, at its costcost and expense, will (i) assist EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's ’s transfer and warrant agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's Public Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBC's Maxim’s solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's ’s cost, a list of record and beneficial holders of the Public Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Public Warrants at the time of exercise of the Public Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Public Warrants and only to the extent that an investor who exercises his Public Warrants specifically designates, in writing, that EBC Maxim solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Public Warrants by a Warrant holderWarrantholder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Public Warrants.

Appears in 1 contract

Samples: Warrant Agreement (TransTech Services Partners Inc.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCMaxim, 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 EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBCMaxim's solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Maxim solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Star Maritime Acquisition Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBC, 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 EBC with respect to such solicitation, if requested by EBC, and (ii) provide EBC, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBC, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC in every respect in connection with EBC's ’s solicitation activities, including, but not limited to, providing to EBC, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Ram Energy Resources Inc)

Warrant Solicitation and Warrant Solicitation Fee. a. 3.4.1 The Company has engaged EBCHCFP, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Public Warrants. The Company, at its cost, will (i) assist EBC HCFP with respect to such solicitation, if requested by EBCHCFP, and (ii) provide EBC, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCHCFP, lists of the record and, to the extent known, beneficial owners of the Company's Public Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC HCFP in every respect in connection with EBCHCFP's solicitation activities, including, but not limited to, providing to EBCHCFP, at the Company's cost, a list of record and and, to the extent known, beneficial holders owners of the Public Warrants and circulating a prospectus or offering circular provided by the Company disclosing the compensation arrangements referenced in Section 3.3.5(b) 3.4.2 below to holders of the Public Warrants at the time of exercise of the Public Warrants. In addition to the conditions set forth in Section 3.3.5(b)3.4.2, EBC HCFP shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) 3.4.2 only if it has provided bona fide services to the Company in connection with the exercise of the Public Warrants and only to the extent that an investor who exercises his Public Warrants specifically designates, in writing, that EBC HCFP solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Public Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Public Warrants.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gigabeam Corp)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCthe Representative, 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 EBC the Representative with respect to such solicitation, if requested by EBCthe Representative, and (ii) provide EBCthe Representative, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCthe Representative, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC the Representative in every respect in connection with EBCthe Representative's solicitation activities, including, but not limited to, providing to EBCthe Representative, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC the Representative shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has they have provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC the Representative solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Class a Warrant Agreement (Middle Kingdom Alliance Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCXxxx Capital, on a non-exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Company, Company will at its cost, will cost (i) assist EBC Xxxx Capital with respect to such solicitation, solicitation if requested to do so by EBCXxxx Capital, and (ii) provide EBCto Xxxx Capital, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCXxxx Capital, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Xxxx Capital in every respect in connection with EBC's Xxxx Capital’s solicitation activities, activities including, but not limited to, providing to EBC, Xxxx Capital at the Company's cost, ’s expense a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Xxxx Capital shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his his, her or its Warrants specifically designatesprovides in writing that Xxxx Capital solicited his, in writing, that EBC solicited his her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Boulder Specialty Brands, Inc.)

Warrant Solicitation and Warrant Solicitation Fee. a. 3.4.1 The Company has engaged EBCMaxim Group LLC (“Maxim”), on a non-exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will will: (i) assist EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBC's Maxim’s solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) 3.4.2 below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b)3.4.2, EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) 3.4.2 only if it has provided bona fide services to permitted under the Company in connection with the exercise rules and regulations of the Warrants FINRA and only to the extent that an investor a holder who exercises his Warrants specifically designates, in writing, that EBC Maxim solicited his the exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Vringo Inc)

Warrant Solicitation and Warrant Solicitation Fee. a. 3.4.1 The Company has engaged EBC, HCFP 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 EBC HCFP with respect to such solicitation, if requested by EBCHCFP, and (ii) provide EBC, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCHCFP, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC HCFP in every respect in connection with EBCHCFP's solicitation activities, including, but not limited to, providing to EBCHCFP, at the Company's cost, a list of record and and, to the extent known, beneficial holders owners of the Warrants and circulating a prospectus or offering circular provided by the Company disclosing the compensation arrangements referenced in Section 3.3.5(b) 3.4.2 below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b)3.4.2, EBC HCFP shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it 3.4.2. It shall be presumed that HCFP has provided bona fide services to the Company in connection with solicited the exercise of the Warrants and only to Warrants, unless the extent that an investor who exercises his Warrants specifically designates, holder of the Warrant affirmatively states in writingwriting at the time of the exercise, that EBC the exercise was not solicited his exerciseby HCFP. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Giant Motorsports Inc)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCUnderwriter, 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 EBC Underwriter with respect to such solicitation, if requested by EBCUnderwriter, and (ii) provide EBCUnderwriter, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCUnderwriter, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Underwriter in every respect in connection with EBC's Underwriter’s solicitation activities, including, but not limited to, providing to EBCUnderwriter, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Underwriter shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Underwriter solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Oracle Healthcare Acquisition Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCthe Representatives, on a non-exclusive basis, as its agent agents for the solicitation of the exercise of the Warrants. The Company, at its cost, will (i) assist EBC the Representatives with respect to such solicitation, if requested by EBCthe Representatives, and (ii) provide EBCthe Representatives, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCthe Representatives, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC the Representatives in every respect in connection with EBC's the Representatives' solicitation activities, including, but not limited to, providing to EBCthe Representatives, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC the Representatives shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC the Representatives solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Confluence Acquisition Partners I, Inc.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCMaxim, on a non-an exclusive basis, as its agent for the solicitation of the exercise of the Warrants. The Company, at its cost, will will: (i) assist EBC Maxim with respect to such solicitation, if requested by EBCMaxim, and (ii) provide EBCMaxim, and direct the Company's ’s transfer agent and the Warrant Agent to deliver to EBCMaxim, lists of the record and, to the extent known, beneficial owners of the Company's ’s Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Maxim in every respect in connection with EBC's Maxim’s solicitation activities, including, but not limited to, providing to EBCMaxim, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Maxim shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Maxim solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Key Hospitality Acquisition CORP)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCthe Representative, 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 EBC the Representative with respect to such solicitation, if requested by EBCthe Representative, and (ii) provide EBCthe Representative, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCthe Representative, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC the Representative in every respect in connection with EBCthe Representative's solicitation activities, including, but not limited to, providing to EBCthe Representative, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC the Representative shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC the Representative solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Confluence Acquisition Partners I, Inc.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCXxxxxx Xxxxx, 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 EBC Xxxxxx Xxxxx with respect to such solicitation, if requested by EBCXxxxxx Xxxxx, and (ii) at Xxxxxx Xxxxx’ request, provide EBCXxxxxx Xxxxx, and direct direct, through written instructions, the Company's ’s transfer and warrant agent and the Warrant Agent to deliver to EBCprovide Xxxxxx Xxxxx, lists of the record andrecord, and to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Xxxxxx Xxxxx in every reasonable respect in connection with EBC's Xxxxxx Xxxxx’ solicitation activities, including, but not limited to, providing to EBCXxxxxx Xxxxx, at the Company's cost’s cost and upon written instruction to the Warrant Agent, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Xxxxxx Xxxxx shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to permitted under the Company in connection with the exercise rules and regulations of the Warrants NASD and only to the extent that an the investor who exercises his his, her or its Warrants specifically designates, in writing, that EBC Xxxxxx Xxxxx solicited his his, her or its exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holderWarrantholder, such services may also include disseminating information, either orally or in writing, to Warrant holders Warrantholders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Viragen Inc)

Warrant Solicitation and Warrant Solicitation Fee. a. The Company has engaged EBCCRT, 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 EBC CRT with respect to such solicitation, if requested by EBCCRT, and (ii) provide EBCCRT, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCCRT, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC CRT in every respect in connection with EBCCRT's solicitation activities, including, but not limited to, providing to EBCCRT, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC CRT shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC CRT solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating informationinformation in accordance with the securities laws, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Bank Street Telecom Funding Corp.)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCChardan, 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 EBC Chardan with respect to such solicitation, if requested by EBCChardan, and (ii) provide EBCChardan, and direct the Company's transfer agent and the Warrant Agent to deliver to EBCChardan, lists of the record and, to the extent known, beneficial owners of the Company's Warrants. The Company hereby instructs the Warrant Agent to cooperate with EBC Chardan in every respect in connection with EBCChardan's solicitation activities, including, but not limited to, providing to EBCChardan, at the Company's cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Chardan shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC Chardan solicited his exercise. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services may also include disseminating informationinformation provided by the Company, either orally or in writing, to Warrant holders about the Company or the market for the Company's securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (InterAmerican Acquisition Group Inc)

Warrant Solicitation and Warrant Solicitation Fee. a. (a) The Company has engaged EBCXxxxxxx Securities LLC (“Xxxxxxx”), one of the Underwriters, 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 EBC Xxxxxxx with respect to such solicitation, if requested by EBCXxxxxxx, and (ii) provide EBCto Xxxxxxx, and direct the Company's ’s transfer and warrant agent and the Warrant Agent to deliver to EBCXxxxxxx, lists of the record andrecord, and to the extent known, beneficial owners of the Company's ’s Warrants. The Accordingly, the Company hereby instructs the Warrant Agent to cooperate with EBC Xxxxxxx in every respect in connection with EBC's Xxxxxxx’x solicitation activities, including, but not limited to, providing to EBCXxxxxxx, at the Company's ’s cost, a list of record and beneficial holders of the Warrants and circulating a prospectus or offering circular disclosing the compensation arrangements referenced in Section 3.3.5(b) below to holders of the Warrants at the time of exercise of the Warrants. In addition to the conditions set forth in Section 3.3.5(b), EBC Xxxxxxx shall accept payment of the warrant solicitation fee provided in Section 3.3.5(b) only if it has provided bona fide services to the Company in connection with the exercise of the Warrants and only to the extent that an investor who exercises his Warrants specifically designates, in writing, that EBC solicited his exerciseWarrants. In addition to soliciting, either orally or in writing, the exercise of Warrants by a Warrant holder, such services also may also include disseminating information, either orally or in writing, to Warrant holders about the Company or the market for the Company's ’s securities, or assisting in the processing of the exercise of Warrants.

Appears in 1 contract

Samples: Warrant Agreement (AeroGrow International, Inc.)

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