Common use of Buyer is a Sophisticated Buyer Clause in Contracts

Buyer is a Sophisticated Buyer. Buyer (A) is a sophisticated buyer with respect to the purchase of the Shares, Unsecured Notes and Warrants, (B) has adequate information concerning the business and financial condition of HTCC to make an informed decision regarding the purchase of the Shares, Unsecured Notes and Warrants and (C) has independently and without reliance upon Seller, and based on such information as Buyer has deemed appropriate, made its own analysis and decision to enter into this Agreement, except that Buyer has relied upon Seller's express representations, warranties, covenants and indemnities in this Agreement. Buyer acknowledges that Seller has not given Buyer any investment advice, credit information, or opinion on whether the sale of the Shares, Unsecured Notes or Warrants is prudent.

Buyer is a Sophisticated Buyer. Buyer Buyer (A) is a sophisticated buyer with respect to the purchase of the Shares, Unsecured Notes and Warrants, (B) has adequate information concerning the business and financial condition of HTCC to make an informed decision regarding the purchase of the Shares, Unsecured Notes and Warrants and (C) has independently and without reliance upon Seller, and based on such information as Buyer has deemed appropriate, made its own analysis and decision to enter into this Agreement, except that Buyer has relied upon Seller's express representations, warranties, covenants and indemnities in this Agreement. Buyer acknowledges that Seller has not given Buyer any investment advice, credit information, or opinion on whether the sale of the Shares, Unsecured Notes or Warrants is prudent.