Common use of Applicability of Restrictions Clause in Contracts

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate (as such term is defined in Rule 501(b) of Regulation D promulgated under the Act) of the holder if the holder is a corporation; provided that in any transfer of this Warrant, Shares or Common Stock, if applicable, the transferee shall on the Company's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof and represent in writing that the transferee is acquiring the Warrant, Shares or Common Stock for its own account for investment purposes and without any view towards distribution thereof and is an "accredited investor" as such term is defined in Rule 501 of Regulation D promulgated under the Act.

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder bolder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate (as such term is defined in Rule 501(b501 (b) of Regulation D promulgated under the Act) of the holder if the holder is a corporation; provided that in any transfer of this Warrant, Shares or Common Stock, if applicable, the transferee shall on the Company's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof and represent in writing that the transferee is acquiring the Warrant, Shares or Common Stock for its own account for investment purposes and without any view towards distribution thereof and is an "accredited investor" as such term is defined in Rule 501 of Regulation D promulgated under the Act.

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b70(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate (as such term is defined in Rule 501(b) of Regulation D promulgated under the Act) of the holder if the holder is a corporation; provided that in any transfer of this Warrant, Shares or Common Stock, if applicable, the transferee shall on the Company's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof and represent in writing that the transferee is acquiring the Warrant, Shares or Common Stock for its own account for investment purposes and without any view towards distribution thereof and is an "accredited investor" as such term is defined in Rule 501 of Regulation D promulgated under the Act.