Common use of ACKNOWLEDGEMENT AND CONFIRMATION Clause in Contracts

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2009 Annual Report, the 2010 Quarterly Reports and the Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and each Subscriber is urged to read each such report in its entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such reports in their entirety, including the risk factors described therein, and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2009 2010 Annual Report, the 2010 2011 Quarterly Reports Report and the Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC ReportsReports and the Risk Factors. The SEC Reports comprise an integral part of this Agreement and each Subscriber Each Securityholder is urged to read each such report the Risk Factors and the SEC Reports in its their entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such reports SEC Reports and Risk Factors in their entirety, including the risk factors described thereinin such SEC Reports, and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2009 Annual Report2007 Amendment, the 2010 Quarterly Reports Form 8-K and the Current Reports 2008 Annual Report (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and each Subscriber is urged to read each such report in its entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such reports in their entirety, including the risk factors described therein, entirety and that it is has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2009 2013 Annual Report, the 2010 2014 Quarterly Reports and the Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and each Subscriber is urged to read each such report in its entiretyentirety including the “Risk Factors” stated therein. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such reports in their entirety, including the risk factors described therein, and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securitiesConvertible Notes.

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2009 2007 Amendment, the Restatement Form 8-K, the 2008 Annual Report, the 2010 2009 Quarterly Reports and the 2009 Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and each Subscriber is urged to read each such report in its entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such reports in their entirety, including the risk factors described therein, entirety and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2009 2010 Annual Report, the 2010 2011 Quarterly Reports and the Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and each Subscriber is urged to read each such report in its entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such reports in their entirety, including the risk factors described therein, and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2009 Annual Report, the 2010 2009 Quarterly Reports and the Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and each Subscriber is urged to read each such report in its entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such reports in their entirety, including the risk factors described therein, and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.