Common use of Acknowledgment Regarding Securities Clause in Contracts

Acknowledgment Regarding Securities. The Company acknowledges and agrees that each Creditor 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 neither Creditor 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 any statement made by a Creditor or any of 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 his acquisition of the Securities. The Company further represents to the Creditors that its decision to enter into this Agreement has been based solely on the independent evaluation by the Company and its representatives.

Acknowledgment Regarding Securities. The Company acknowledges and agrees that each Creditor 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 neither Creditor 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 any statement made by a Creditor or any of 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 his its acquisition of the Securities. The Company further represents to the Creditors that its decision to enter into this Agreement has been based solely on the independent evaluation by the Company and its representatives.