Common use of 1933 Act Representations Clause in Contracts

1933 Act Representations. (a) Such Person is either an "accredited investor" within the meaning of Regulation D under the 1933 Act or is not a "U.S. Person" within the meaning of Regulation S under the 1933 Act. (b) Neither such Person, its affiliates nor any Person acting on its or their behalf has engaged or will engage in connection with the issue of New Notes or the Restructuring Shares in (i) any general solicitation or general advertising within the meaning of Rule 502(c) under the 1933 Act or (ii) any directed selling efforts within the meaning of Rule 903 under the 1933 Act, unless such solicitation, advertising or selling effort is then allowed under the 1933 Act.

1933 Act Representations. (a) Such Person is either an "“accredited investor" ” within the meaning of Regulation D under the 1933 Act or is not a "“U.S. Person" person” within the meaning of Regulation S under the 1933 Act. (b) Neither such Person, its affiliates nor any Person acting on its or their behalf has engaged or will engage in connection with the issue of New Notes or the Restructuring Shares in (i) any general solicitation or general advertising within the meaning of Rule 502(c) under the 1933 Act or (ii) any directed selling efforts within the meaning of Rule 903 under the 1933 Act, unless such solicitation, advertising or selling effort is then allowed permitted under the 1933 Act0000 Xxx.

1933 Act Representations. (a) Such Person Each of the Consenting Creditors is either an "accredited investor" within the meaning of Regulation D under the 1933 Act or is not a "U.S. US Person" within the meaning of Regulation S under the 1933 Act. (b) Neither such PersonNo Consenting Creditor, nor its affiliates affiliates, nor any Person person acting on its or their behalf behalf, has engaged or will engage in connection with the issue of New Notes or the Restructuring Shares or the New Notes in (i) any general solicitation or general advertising within the meaning of Rule 502(c) under the 1933 Act or (ii) any directed selling efforts within the meaning of Rule 903 under the 1933 Act, unless such solicitation, advertising or selling effort is then allowed under the 1933 Act.