Common use of Acknowledgment Regarding Buyer’s Purchase of Securities Clause in Contracts

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The ------------------------------------------------------- Company acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company ------------------------------------------------------- acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are each Buyer is acting solely in the capacity of arm's length purchasers purchaser, and severally, and not jointly, with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no each Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any each Buyer or any of their its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' such Buyer’s purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are acting solely in the capacity of an arm's length purchasers purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is the Buyers are not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer the Buyers or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer the Buyers that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are each Buyer is acting solely in the capacity of an arm's length purchasers purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer's purchase of the Securities and has not been relied upon on by the Company, its officers or directors Company in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the an independent evaluation of by the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and and, except for any such statement included in this Agreement or the Registration Rights Agreement, has not been relied upon by the Company, its officers or its directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' such Buyer's purchase of the Securities and has not been relied upon by the Company, its officers or directors in any waySecurities. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are each Buyer is acting solely in the capacity of arm's length purchasers purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no each Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any each Buyer or any of their its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer's purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been relied upon by the Company, its officers or its directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of by the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are Buyer is acting solely in the capacity of arm's length purchasers purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer's purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been publicly relied upon by the Company, its officers or its directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are each Buyer is acting solely in the capacity of an arm's length purchasers purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer's purchase of the Securities and has not been relied upon on by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the an independent evaluation of by the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its the Company's representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are Buyer is acting solely in the capacity of arm's ’s length purchasers purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer’s ex101form8k042007.htm purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's ’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are Buyer is acting solely in the capacity of an arm's length purchasers purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no the Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any the Buyer or any of their respective its representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer's purchase of the Securities and has not been relied upon by the Company, its officers or directors in any waySecurities. The Company further represents to each the Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representativesrepresentatives and on the representations, warranties and covenants of the Buyer.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are each Buyer is acting solely in the capacity of arm's ’s length purchasers purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no each Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any each Buyer or any of their its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer’s purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's ’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been relied upon by the Company, its officers or directors in any waySecurities. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of by the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company company acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are Buyer is acting solely in the capacity of arm's ’s length purchasers purchaser with respect to this {00349297.DOCX.5} Agreement and the transactions contemplated hereby. The Company further acknowledges that no the Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any the Buyer or any of their its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer’s purchase of the Securities and has not been relied upon by the Company, its officers or directors in any waySecurities. The Company further represents to each the Buyer that the Company's ’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company ----------------------------------------------------------- acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been relied upon by the Company, its officers or directors in any waySecurities. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are Buyer is acting solely in the capacity of arm's length purchasers purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer’s purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are Buyer is acting solely in the capacity of an arm's length purchasers purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no the Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any the Buyer or any of their respective its representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer's purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each the Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The ----------------------------------------------------------- Company acknowledges and agrees that the Buyers are Buyer is acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no the Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any the Buyer or any of their respective its representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer's purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each the Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The -------------------------------------------------------- Company acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been relied upon by the Company, its officers or directors in any waySecurities. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The Company acknowledges and agrees that the Buyers are Buyer is acting solely in the capacity of arm's ’s length purchasers purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any Buyer or any of their its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer’s purchase of the Securities and has not been relied upon by the Company, its officers or directors in any way. The Company further represents to each Buyer that the Company's ’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.

Acknowledgment Regarding Buyer’s Purchase of Securities. The -------------------------------------------------------- Company acknowledges and agrees that the Buyers are Buyer is acting solely in the capacity of arm's length purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no the Buyer is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and that any statement made by any the Buyer or any of their its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Buyers' Buyer's purchase of the Securities and has not been relied upon by the Company, its officers or directors in any waySecurities. The Company further represents to each the Buyer that the Company's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.