Common use of Accredited Investor or Qualified Institutional Buyer Clause in Contracts

Accredited Investor or Qualified Institutional Buyer. The Holder is either (i) an “accredited investor” within the meaning of Rule 501 of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), or (ii) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act; and in each case is acquiring the Shares hereunder for investment for its own respective account and not with a view to, or for resale in connection with, any distribution thereof in a manner that would violate the registration requirements of the Securities Act.

Accredited Investor or Qualified Institutional Buyer. The Holder is either both (ia) an “accredited investor” within the meaning of Rule 501 501(a)(1), (2), (3), (7) and (8) of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), or and (iib) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act; and in each case is acquiring the Shares New Notes hereunder for investment for its own respective account and not with a view to, or for resale in connection with, any distribution thereof in a manner that would violate the registration requirements of the Securities Act.