Common use of Ability to Act as Agent Clause in Contracts

Ability to Act as Agent. There is not now pending or, to the knowledge of the Placement Agent, threatened against the Placement Agent any action or proceeding of which the Placement Agent has been advised, either in any court of competent jurisdiction, before the NASD, the Securities and Exchange Commission or any state securities commission concerning the Placement Agent's activities as a broker or dealer, nor has the Placement Agent been named as a "cause" in any action or proceeding, any of which may be expected to have a material adverse effect upon the Placement Agent's ability to act as agent to the Company as contemplated herein.

Ability to Act as Agent. There is not now pending or, to the knowledge of the Placement AgentAgents, threatened against the Placement Agent Agents any action or proceeding of which the Placement Agent Agents has been advised, either in any court of competent jurisdiction, before the NASDFINRA, the Securities and Exchange Commission or any state securities commission concerning the Placement Agent's Agents’ activities as a broker or dealer, nor has the Placement Agent Agents been named as a "cause" in any action or proceeding, any of which may be expected to have a material adverse effect upon the Placement Agent's Agents’ ability to act as agent to the Company as contemplated herein.

Ability to Act as Agent. There is not now pending or, to the knowledge of the Placement Agent, threatened against the Placement Agent any action or proceeding of which the Placement Agent has been advised, either in any court of competent jurisdiction, before the NASD, the Securities and Exchange Commission or any state securities commission concerning the Placement Agent's ’s activities as a broker or dealer, nor has the Placement Agent been named as a "“cause" ” in any action or proceeding, any of which may be expected to have a material adverse effect upon the Placement Agent's ’s ability to act as agent to the Company as contemplated herein.

Ability to Act as Agent. There is not now pending or, to the knowledge of the Placement Agent, threatened against the Placement Agent any action or proceeding of which the Placement Agent has been advised, either in any court of competent jurisdiction, before the NASDFINRA, the Securities and Exchange Commission or any state securities commission concerning the Placement Agent's ’s activities as a broker or dealer, nor has the Placement Agent been named as a "“cause" ” in any action or proceeding, any of which may be expected to have a material adverse effect upon the Placement Agent's ’s ability to act as agent to the Company as contemplated herein.

Ability to Act as Agent. There is not now pending or, to the knowledge of the Placement Agent, threatened against the Placement Agent any action or proceeding of which the Placement Agent has been advised, either in any court of competent jurisdiction, before the NASDFINRA, the Securities and Exchange Commission or any state securities commission concerning the Placement Agent's activities as a broker or dealer, nor has the Placement Agent been named as a "cause" in any action or proceeding, any of which may be expected to have a material adverse effect upon the Placement Agent's ability to act as agent to the Company as contemplated herein.