Backstop Investor Status Clause Samples

Backstop Investor Status. At the time such Backstop Investor was offered the Backstop Warrant and the Commitment Warrant, it was, and as of the date hereof it is, and on each date on which it exercises any the Backstop Warrant or the Commitment Warrant, it will represent and warrant that it is: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.