Common Contracts

2 similar Placement Agency Agreement contracts by NYTEX Energy Holdings, Inc., SPO Medical Inc

PLACEMENT AGENCY AGREEMENT
Placement Agency Agreement • April 15th, 2011 • NYTEX Energy Holdings, Inc. • Crude petroleum & natural gas • New York

NYTEX Energy Holdings, Inc., a Delaware corporation (the “Company”), hereby confirms its agreement (the “Agreement”) with National Securities Corporation, a Washington corporation (the “Placement Agent”) as follows:

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PLACEMENT AGENCY AGREEMENT
Placement Agency Agreement • November 15th, 2010 • SPO Medical Inc • Measuring & controlling devices, nec • New York

This Placement Agency Agreement (this “Agreement”) sets forth terms upon which Emerson Equity LLC, a registered broker-dealer and a member of the Financial Industry Regulatory Authority (“FINRA”) (together with its selected dealers, the “Placement Agent”), shall be engaged by SPO Medical Inc. (the “Company”) to act as lead placement agent in connection with the private placement (the “Offering”) on a “reasonable efforts basis” of up to seventeen (17) units ($510,000) (“Units”) (the “Maximum Offering”), each Unit consisting of (i) 200,000 shares of common stock, par value $0.01 per share (“Common Stock” or the “Shares”) and (ii) three-year Common Stock Purchase Warrants (“Investor Warrants”) to purchase 100,000 shares of Common Stock (the “Warrant Shares”) at an exercise price of $0.25 per share. The Company and the Placement Agent (by mutual agreement) reserve the right to increase the Maximum Offering by an additional seventeen (17) Units ($510,000) (“Overallotment”).

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