Common use of Affirmation of Prior Representations and Warranties Clause in Contracts

Affirmation of Prior Representations and Warranties. The Company hereby represents and warrants to each New Purchaser that the Company’s representations and warranties listed in Section 3.1 of the Purchase Agreement are true and correct as of the date hereof, provided that the Company’s representation in Section 3.1(h) of the Purchase Agreement is qualified by the Company’s late filing of the 2006 Form 10-KSB on October 10, 2006.

Affirmation of Prior Representations and Warranties. The Company hereby represents and warrants to each New Purchaser the Purchasers that the Company’s its representations and warranties listed in Section 3.1 of the Purchase Agreement are true and correct as of the date hereof, provided that the Company’s representation in Section 3.1(h) of the Purchase Agreement is qualified by the Company’s late filing of the 2006 Form 10-KSB on October 10, 2006.

Affirmation of Prior Representations and Warranties. The Company hereby represents and warrants to each the New Purchaser that the Company’s its representations and warranties listed in Section 3.1 of the Purchase Agreement are true and correct as of the date hereof, provided that as modified by changes resulting from the Company’s representation in Section 3.1(h) Additional Issuance Agreement and the Second Additional Issuance Agreement, which changes would not, with notice and the passage of time, constitute an Event of Default under the Purchase Agreement is qualified by the Company’s late filing of the 2006 Form 10-KSB on October 10, 2006Transaction Documents.