Common use of Acknowledgment Regarding Investor’s Status Clause in Contracts

Acknowledgment Regarding Investor’s Status. The Company acknowledges and agrees that each of the Investors are acting solely in the capacity of an arm's length purchaser with respect to the Transaction Documents and the transactions contemplated hereby and thereby. The Company further acknowledges that none of the Investors are acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to the Transaction Documents and the transactions contemplated hereby and thereby and any advice given by any of the Investors or any of their respective representatives or agents in connection with the Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to such Investor's purchase of the Purchase Shares. The Company further represents to each of the Investors that the Company's decision to enter into the Transaction Documents has been based solely on the independent evaluation by the Company and its representatives and advisors.

Acknowledgment Regarding Investor’s Status. The Company acknowledges and agrees that each of the Investors are Investor is acting solely in the capacity of an arm's ’s length purchaser with respect to this Agreement and the Registration Rights Agreement (as hereinafter defined, together, the “Transaction Documents Documents”) and the transactions contemplated hereby and thereby. The Company further acknowledges that none of the Investors are Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to the Transaction Documents and the transactions contemplated hereby and thereby and any advice given by any of the Investors Investor or any of their respective its representatives or agents in connection with the Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to such the Investor's ’s purchase of the Purchase SharesSecurities. The Company further represents to each of the Investors Investor that the Company's ’s decision to enter into the Transaction Documents has been based solely on the independent evaluation by the Company and its representatives and advisors.

Acknowledgment Regarding Investor’s Status. The Company acknowledges and agrees that each of the Investors are Investor is acting solely in the capacity of an arm's ’s length purchaser with respect to the Transaction Documents and the transactions contemplated hereby and thereby. The Company further acknowledges that none of the Investors are Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to the Transaction Documents and the transactions contemplated hereby and thereby and any advice given by any of the Investors Investor or any of their respective its representatives or agents in connection with the Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to such the Investor's ’s purchase of the Purchase SharesSecurities. The Company has not relied upon the Investor or legal counsel for the Investor for any legal, tax or accounting advice in connection with the offering and sale of the Securities. The Company further represents to each of the Investors Investor that the Company's ’s decision to enter into the Transaction Documents has been based solely on the independent evaluation by the Company and its representatives and advisors.

Acknowledgment Regarding Investor’s Status. The Company acknowledges and agrees that each of the Investors are acting solely in the capacity of an arm's ’s length purchaser with respect to the Transaction Documents and the transactions contemplated hereby and thereby. The Company further acknowledges that none of the Investors are acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to the Transaction Documents and the transactions contemplated hereby and thereby and any advice given by any of the Investors or any of their respective representatives or agents in connection with the Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to such Investor's ’s purchase of the Purchase SharesSecurities. The Company further represents to each of the Investors that the Company's ’s decision to enter into the Transaction Documents has been based solely on the independent evaluation by the Company and its representatives and advisors.

Acknowledgment Regarding Investor’s Status. The Company acknowledges and agrees that each of the Investors are Investor is acting solely in the capacity of an arm's length purchaser with respect to the Transaction Documents and the transactions contemplated hereby and thereby. The Company further acknowledges that none of the Investors are Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to the Transaction Documents and the transactions contemplated hereby and thereby and any advice given by any of the Investors Investor or any of their respective its representatives or agents in connection with the Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to such the Investor's purchase acquisition of the Commitment Shares, the Purchase Shares, the Warrants, the Warrant Shares, the Preferred Shares and the Conversion Shares. The Company further represents to each of the Investors Investor that the Company's decision to enter into the Transaction Documents has been based solely on the independent evaluation by the Company and its representatives and advisors.

Acknowledgment Regarding Investor’s Status. The Company acknowledges and agrees that each of the Investors are acting solely in the capacity of an arm's ’s length purchaser with respect to the Transaction Documents and the transactions contemplated hereby and thereby. The Company further acknowledges that none of the Investors are acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to the Transaction Documents and the transactions contemplated hereby and thereby and any advice given by any of the Investors or any of their respective representatives or agents in connection with the Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to such Investor's ’s purchase of the Purchase Shares. The Company further represents to each of the Investors that the Company's ’s decision to enter into the Transaction Documents has been based solely on the independent evaluation by the Company and its representatives and advisors.