Common use of By the Investors Clause in Contracts

By the Investors. Each Investor, on behalf of itself and not any other Investor, represents and warrants to the Company and the Arch Hill Parties as follows: (a) Such Investor has the full power and authority to execute, deliver and carry out the terms and provisions of this Agreement and to consummate the transactions contemplated hereby, and (if not an individual) has taken all necessary action to authorize the execution, delivery and performance of this Agreement; (b) Such Investor (if not an individual) is duly organized, validly existing and in good standing under the laws of its jurisdiction of organization; (c) This Agreement constitutes a valid and binding obligation of such Investor, enforceable in accordance with its terms, subject to applicable principles of equity, bankruptcy, reorganization, insolvency or other laws affecting the enforcement of creditors’ rights generally; and (d) Neither the execution and the delivery of this Agreement by such Investor, nor the consummation by such Investor of the actions contemplated hereby, will (i) subject to compliance with such Investor’s obligations under Rule 13d-1 under the Exchange Act, violate any constitution, statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any government, governmental agency, or court to which such Investor is subject or (if not an individual) any provision of the organizational documents of such Investor or (ii) conflict with, result in a breach of, constitute a default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify, or cancel, or require any consent or notice (other than those obtained or made) under, any agreement, contract, lease, license, instrument, judgment, decree, order or other arrangement to which such Investor is a party or by which such Investor is bound or to which any of such Investor’s assets are subject (or result in the imposition of any security interest upon any of such Investor’s assets), nor is such Investor required to obtain the approval or consent of any person or entity to effect the actions contemplated hereby (other than those obtained). (e) Schedule A correctly sets forth the number of shares of Common Stock and Preferred Stock Beneficially Owned by such Investor.

By the Investors. Each Investor, on behalf of itself and not any other Investor, represents and warrants to the Company and the Arch Hill Parties as follows: (a) Such Investor has the full power and authority to execute, deliver and carry out the terms and provisions of this Agreement and to consummate the transactions contemplated hereby, and (if not an individual) has taken all necessary action to authorize the execution, delivery and performance of this Agreement; (b) Such Investor (if not an individual) is duly organized, validly existing and in good standing under the laws of its jurisdiction of organization; (c) This Agreement constitutes a valid and binding obligation of such Investor, enforceable in accordance with its terms, subject to applicable principles of equity, bankruptcy, reorganization, insolvency or other laws affecting the enforcement of creditors’ rights generally; and; (d) Neither the execution and the delivery of this Agreement by such Investor, nor the consummation by such Investor of the actions contemplated hereby, will (i) subject to compliance with such Investor’s obligations under Rule 13d-1 under the Exchange Act, violate any constitution, statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any government, governmental agency, or court to which such Investor is subject or (if not an individual) any provision of the organizational documents of such Investor or (ii) conflict with, result in a breach of, constitute a default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify, or cancel, or require any consent or notice (other than those obtained or made) under, any agreement, contract, lease, license, instrument, judgment, decree, order or other arrangement to which such Investor is a party or by which such Investor it is bound or to which any of such Investor’s its assets are subject (or result in the imposition of any security interest upon any of such Investor’s its assets), nor is such Investor required to obtain the approval or consent of any person or entity to effect the actions contemplated hereby (other than those obtained).; and (e) The Schedule A 13D correctly sets forth the number of shares of Common Stock and Preferred Stock Beneficially Owned by such Investor.

By the Investors. Each Investor, on behalf of itself and not any other Investor, represents and warrants to the Company and the Arch Hill Parties as follows: (a) Such Investor has the full power and authority to execute, deliver and carry out the terms and provisions of this Agreement and to consummate the transactions contemplated hereby, and (if not an individual) has taken all necessary action to authorize the execution, delivery and performance of this Agreement; (b) Such Investor (if not an individual) is duly organized, validly existing and in good standing under the laws of its jurisdiction of organization; (c) This Agreement constitutes a valid and binding obligation of such Investor, enforceable in accordance with its terms, subject to applicable principles of equity, bankruptcy, reorganization, insolvency or other laws affecting the enforcement of creditors’ ' rights generally; and; (d) Neither the execution and the delivery of this Agreement by such Investor, nor the consummation by such Investor of the actions contemplated hereby, will (i) subject to compliance with such Investor’s obligations under Rule 13d-1 under the Exchange Act, violate any constitution, statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any government, governmental agency, or court to which such Investor is subject or (if not an individual) any provision of the organizational documents of such Investor or (ii) conflict with, result in a breach of, constitute a default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify, or cancel, or require any consent or notice (other than those obtained or made) under, any agreement, contract, lease, license, instrument, judgment, decree, order or other arrangement to which such Investor is a party or by which such Investor it is bound or to which any of such Investor’s its assets are subject (or result in the imposition of any security interest upon any of such Investor’s its assets), nor is such Investor required to obtain the approval or consent of any person or entity to effect the actions contemplated hereby (other than those obtained).; and (e) The Schedule A 13D correctly sets forth the number of shares of Common Stock and Preferred Stock Beneficially Owned by such Investor.