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

Acknowledgment Regarding Investor’s Purchase of Securities. Based upon the assumption that the transactions contemplated by this Agreement are consummated in all material respects in conformity with this Agreement, the Company acknowledges and agrees that the Investor is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that the Investor 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 any advice given by the Investor or any of its representatives or agents in connection with this Agreement and the transactions contemplated hereby is merely incidental to the Investor’s purchase of the Securities. The Company further represents to the Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its advisors and representatives.

Acknowledgment Regarding Investor’s Purchase of Securities. Based upon the assumption that the transactions contemplated by this Agreement are consummated in all material respects in conformity with this Agreement, the The Company acknowledges and agrees that each of the Investor Investors, in their capacity as such, is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement the Transaction Documents and the transactions contemplated herebyhereby and thereby. The Company further acknowledges that the Investor no Investor, in its capacity as such, 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 any advice given by the any Investor (other than Excluded Investors) or any of its their respective representatives or agents in connection with this Agreement the Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to the Investor’s Investors’ purchase of the Securities. The Company further represents to the each Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its advisors and representatives.

Acknowledgment Regarding Investor’s Purchase of Securities. Based upon the assumption that the transactions contemplated by this Agreement are consummated in all material respects in conformity with this Agreement, the The Company acknowledges and agrees that the Investor is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the other documents entered into in connection herewith (collectively, the “Transaction Documents”) and the transactions contemplated herebyhereby and thereby. The Company further acknowledges that the Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement the Transaction Documents and the transactions contemplated hereby and thereby, and any advice given by the Investor or any of its his representatives or agents in connection with this Agreement the Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to the Investor’s purchase acceptance of the Exchange Securities. The Company further represents to the Investor that the Company’s decision to enter into this Agreement the Transaction Documents has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its advisors and representatives.

Acknowledgment Regarding Investor’s Purchase of Securities. Based upon the assumption that the transactions contemplated by this Agreement are consummated in all material respects in conformity with this Agreement, the The Company acknowledges and agrees that the Investor is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the other documents entered into in connection herewith (collectively, the “Transaction Documents”) and the transactions contemplated herebyhereby and thereby. The Company further acknowledges that the Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement the Transaction Documents and the transactions contemplated hereby and thereby, and any advice given by the Investor or any of its representatives or agents in connection with this Agreement the Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to the Investor’s purchase acceptance of the SecuritiesExchanged Warrant. The Company further represents to the Investor that the Company’s decision to enter into this Agreement the Transaction Documents has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its advisors and representatives.

Acknowledgment Regarding Investor’s Purchase of Securities. Based upon the assumption that the transactions contemplated by this Agreement are consummated in all material respects in conformity with this Agreement, the Company acknowledges and agrees that each of the Investor Investors is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that the no Investor 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 any advice given by the any Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is merely incidental to the Investor’s Investors’ purchase of the SecuritiesCommon Shares. The Company further represents to the each Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its advisors and representatives.

Acknowledgment Regarding Investor’s Purchase of Securities. Based upon the assumption that the transactions contemplated by this Agreement are consummated in all material respects in conformity with this Agreement, the Company acknowledges and agrees that each of the Investor Investors is acting solely in the capacity of an arm’s 's length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that the no Investor 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 any advice given by the any Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby and thereby is merely incidental to the Investor’s Investors' purchase of the SecuritiesShares. The Company further represents to the each Investor that the Company’s 's decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its advisors and representatives.

Acknowledgment Regarding Investor’s Purchase of Securities. Based upon the assumption that the transactions contemplated by this Agreement are consummated in all material respects in conformity with this Agreement, the Company acknowledges and agrees that each of the Investor Investors is acting solely in the capacity of an arm’s 's length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that the no Investor 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 any advice given by the any Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is merely incidental to the Investor’s Investors’ purchase of the SecuritiesShares. The Company further represents to the each Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its advisors and representatives.