Common use of Warrant Solicitation Fee Clause in Contracts

Warrant Solicitation Fee. The Company agrees to pay the Representative a fee of five percent (5%) of the aggregate exercise price of the Warrants if (i) the market price of the Common stock is not less than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants is solicited by the Representative at such as it is a member of the NASD and the Representative is designated in writing by the holder of the Warrants as the NASD member soliciting the exercise; (iii) the Warrants are not held in a discretionary account; (iv) the disclosure of compensation arrangements is made both at the time of the Offering and at the time of the exercise; and (v) the solicitation of the Warrant exercise is not in violation of Rule 101 of Regulation M promulgated under the 1934 Act; and (vi) such payment is not otherwise in violation of then applicable NASD rules. The Company agrees not to solicit the exercise of any Warrant other than through the Representative and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Representative, which will not be unreasonably withheld. The Warrant solicitation fee will not be paid in a non-solicited transaction. Any request for exercise will be presumed to be unsolicited unless the customer states in writing that the transaction was solicited and designates in writing that the Representative solicited the exercise. No Warrant solicitation by the Representative will occur for a period of 12 months after the Effective Date.

Warrant Solicitation Fee. The Company agrees to pay the Representative any Underwriter a fee of five percent (5%) of the aggregate exercise price of the Warrants if (i) the market price of the Common stock Stock is not less than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants is solicited by the Representative such Underwriter at such time as it is a member of the NASD and the Representative such Underwriter is designated in writing by the holder of the Warrants as the NASD member soliciting the exercise; (iii) the Warrants are not held in a discretionary account; (iv) the disclosure of compensation arrangements is made both at the time of the Offering and at the time of the exercise; and (v) the solicitation of the Warrant exercise is not in violation of Rule 101 of Regulation M promulgated under the 1934 Act; and (vi) such payment is not otherwise in violation of then applicable NASD rules. The Company agrees not to solicit the exercise of any Warrant other than through the Representative and/or other Underwriter and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Representative, Representative which will not be unreasonably withheld. The Warrant solicitation fee will not be paid in a non-solicited transaction. Any request for exercise will be presumed to be unsolicited unless the customer states in writing that the a transaction was solicited and designates in writing that the Representative Underwriter solicited the exercise. No Warrant solicitation by the Representative will occur for a period of 12 months after the Effective Date.

Warrant Solicitation Fee. The Company agrees to pay Roan Capital Partners L.P. ("Roan"), in its individual capacity and not as representative of the Representative underwriters, a fee of five seven percent (57%) of the aggregate exercise price of the Warrants if if: (i) the market price of the Common stock Stock is not less greater than the exercise price of the Warrants on the date of exercise; (ii) the exercise of the Warrants is are solicited by the Representative at such as it is a member of the NASD and the Representative is designated customer states in writing by that the holder of transaction was solicited and designates in writing the Warrants as the NASD member soliciting broker-dealer to receive compensation for the exercise; (iii) the Warrants are not held in a discretionary account; (iv) the disclosure of compensation arrangements is was made both at the time of the Offering and at the time of the exerciseexercise of the Warrant; and (v) the solicitation of the Warrant exercise is not in violation of Rule 101 of Regulation M promulgated under the 1934 Exchange Act; and (vi) such payment is not otherwise in violation of then applicable NASD rules. The Company agrees not to solicit the exercise of any Warrant Warrants other than through the Representative Roan and will not authorize any other dealer to engage in such solicitation without the prior written consent of the Representative, Representative which will not be unreasonably withheld. The Warrant solicitation fee will not be paid in a non-solicited transaction. Any request for exercise will be presumed to be unsolicited unless the customer states in writing that the transaction was solicited and designates in writing that the Representative solicited the exercise. No Warrant solicitation by the Representative will occur for a period of 12 months after prior to one year from the Effective Date.