Common use of Entire Agreement; Effect on Prior Agreements; Amendments Clause in Contracts

Entire Agreement; Effect on Prior Agreements; Amendments. This Agreement, the documents referenced herein and any agreements entered into on the date hereof in connection with the transactions contemplated by this Agreement supersede all other prior oral or written agreements between the Investors, the Company, their affiliates and Persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor any Investor makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be amended or waived other than by an instrument in writing signed by the party against whom enforcement is sought. The Company has not, directly or indirectly, made any agreements with any of the Investors relating to the terms or conditions of the transactions contemplated hereby except as set forth or referenced herein as amended or cancelled by this Agreement.

Entire Agreement; Effect on Prior Agreements; Amendments. This Agreement, the documents referenced herein and any agreements entered into on the date hereof in connection with the transactions contemplated by this Agreement supersede all other prior oral or written agreements between the Investors, the Company, their affiliates and Persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor any Investor makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be amended or other than by an instrument in writing signed by signed by the party against whom enforcement is sought. No provision hereof may be waived other than by an instrument in writing signed by the party against whom enforcement is sought. The Company has not, directly or indirectly, made any agreements with any of the Investors relating to the terms or conditions of the transactions contemplated hereby except as set forth or referenced herein as amended or cancelled by this Agreement.

Entire Agreement; Effect on Prior Agreements; Amendments. This Agreement, Except for the documents referenced herein and Transaction Documents in effect prior to this Waiver (to the extent any agreements entered into on the date hereof in connection with the transactions contemplated such Transaction Document is not amended by this Agreement supersede Waiver), this Waiver supersedes all other prior oral or written agreements between the InvestorsInvestor, the Company, their affiliates and Persons acting on their behalf with respect to the matters discussed herein, and this Agreement Waiver and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor any the Investor makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement Waiver may be amended or other than by an instrument in writing signed by the Company. No provision hereof may be waived other than by an instrument in writing signed by the party against whom enforcement is sought. No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration also is offered to all of the parties to the Transaction Documents, holders of Notes or holders of the Warrants, as the case may be. The Company has not, directly or indirectly, made any agreements with any of the Investors relating to the terms or conditions of the transactions contemplated hereby by the Transaction Documents except as set forth or referenced herein as amended or cancelled by this Agreementin the Transaction Documents.

Entire Agreement; Effect on Prior Agreements; Amendments. This Agreement, Except for the documents referenced herein and Transaction Documents (to the extent any agreements entered into on the date hereof in connection with the transactions contemplated such Transaction Document is not amended by this Agreement), this Agreement supersede supersedes all other prior oral or written agreements between the InvestorsInvestor, the Company, their affiliates and Persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor any the Investor makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be amended or other than by an instrument in writing signed by the Company and the Investor. No provision hereof may be waived other than by an instrument in writing signed by the party against whom enforcement is sought. No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration also is offered to all of the parties to the Transaction Documents, holders of Amended and Restated Notes or holders of the New Warrants, as the case may be. The Company has not, directly or indirectly, made any agreements with any of the Investors relating to the terms or conditions of the transactions contemplated hereby by the Transaction Documents except as set forth or referenced herein as amended or cancelled by this Agreementin the Transaction Documents.

Entire Agreement; Effect on Prior Agreements; Amendments. This Agreement, Except for the documents referenced herein and Transaction Documents (to the extent any agreements entered into on the date hereof such Transaction Document in connection with the transactions contemplated effect prior to this Agreement is not amended by this Agreement), this Agreement supersede supersedes all other prior oral or written agreements between the InvestorsInvestor, the Company, their affiliates and Persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor any the Investor makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be amended or other than by an instrument in writing signed by the Company. No provision hereof may be waived other than by an instrument in writing signed by the party against whom enforcement is sought. No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration also is offered to all of the parties to the Transaction Documents, holders of Notes or holders of the Warrants, as the case may be. The Company has not, directly or indirectly, made any agreements with any of the Investors Investor relating to the terms or conditions of the transactions contemplated hereby by the Transaction Documents except as set forth or referenced herein as amended or cancelled by this Agreementin the Transaction Documents.

Entire Agreement; Effect on Prior Agreements; Amendments. This Agreement, the documents referenced herein and any agreements entered into on the date hereof in connection with the transactions contemplated by this Agreement supersede all other prior oral or written agreements between the InvestorsInvestor, the Company, their affiliates and Persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor any Investor makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be amended or waived other than by an instrument in writing signed by the party against whom enforcement is sought. The Company has not, directly or indirectly, made any agreements with any of the Investors relating to the terms or conditions of the transactions contemplated hereby except as set forth or referenced herein as amended or cancelled by this Agreement.

Entire Agreement; Effect on Prior Agreements; Amendments. This Agreement, Except for the documents referenced herein and Transaction Documents (to the extent any agreements entered into on the date hereof such Transaction Document in connection with the transactions contemplated effect prior to this Agreement is not amended by this Agreement), this Agreement supersede supersedes all other prior oral or written agreements between the InvestorsInvestor, the Company, their affiliates and Persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor any the Investor makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be amended or other than by an instrument in writing signed by the Company and the Investor. No provision hereof may be waived other than by an instrument in writing signed by the party against whom enforcement is sought. The Company has not, directly or indirectly, made any agreements with any of the Investors Buyers of Series A Warrants and Series B Warrants listed in the Existing Securities Purchase Agreement relating to the terms or conditions of the transactions contemplated hereby except as set forth or referenced herein as amended or cancelled by this Agreement.this

Entire Agreement; Effect on Prior Agreements; Amendments. This Agreement, Except for the documents referenced herein and Transaction Documents (to the extent any agreements entered into on the date hereof in connection with the transactions contemplated such Transaction Document is not amended by this Agreement), this Agreement supersede supersedes all other prior oral or written agreements between the InvestorsInvestor, the Company, their affiliates and Persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor any the Investor makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be amended or other than by an instrument in writing signed by the Company and the Investor and to the extent that Other Investors may be affected thereby, by the Required Holders. No provision hereof may be waived other than by an instrument in writing signed by the party against whom enforcement is sought. No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration also is offered to all of the parties to the Transaction Documents or holders of Notes as the case may be. The Company has not, directly or indirectly, made any agreements with any of the Investors relating to the terms or conditions of the transactions contemplated hereby by the Transaction Documents except as set forth or referenced herein as amended or cancelled by this Agreementin the Transaction Documents.

Entire Agreement; Effect on Prior Agreements; Amendments. This Agreement, Except for the documents referenced herein and Transaction Documents (to the extent any agreements entered into on the date hereof in connection with the transactions contemplated such Transaction Document is not amended by this Agreement), this Agreement supersede supersedes all other prior oral or written agreements between the InvestorsInvestor, the Company, their affiliates and Persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor any the Investor makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be amended or other than by an instrument in writing signed by the Company and the Investor and to the extent that Other Investors may be affected thereby, by the Required Holders. No provision hereof may be waived other than by an instrument in writing signed by the party against whom enforcement is sought. No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration also is offered to all of the parties to the Transaction Documents, holders of Notes or holders of the Warrants, as the case may be. The Company has not, directly or indirectly, made any agreements with any of the Investors relating to the terms or conditions of the transactions contemplated hereby by the Transaction Documents except as set forth or referenced herein as amended or cancelled by this Agreementin the Transaction Documents.

Entire Agreement; Effect on Prior Agreements; Amendments. This Agreement, Except for the documents referenced herein and Transaction Documents (to the extent any agreements entered into on the date hereof such Transaction Document in connection with the transactions contemplated effect prior to this Agreement is not amended by this Agreement), this Agreement supersede supersedes all other prior oral or written agreements between the InvestorsInvestor, the Company, their affiliates and Persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor any the Investor makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be amended or other than by an instrument in writing signed by the Company. No provision hereof may be waived other than by an instrument in writing signed by the party against whom enforcement is sought. No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration also is offered to all of the parties to the Transaction Documents, holders of Amended and Restated Notes. The Company has not, directly or indirectly, made any agreements with any of the Investors Investor relating to the terms or conditions of the transactions contemplated hereby by the Transaction Documents except as set forth or referenced herein as amended or cancelled by this Agreementin the Transaction Documents.