Common use of Evaluation of and Ability to Bear Risks; Independent Analysis; Related Matters Clause in Contracts

Evaluation of and Ability to Bear Risks; Independent Analysis; Related Matters. (i) RNCS is aware of the Company’s business affairs and financial condition and has acquired sufficient information about the Company and its subsidiaries to reach an informed and knowledgeable decision to acquire the RNCS Note. RNCS has such knowledge and experience in financial affairs to be capable of evaluating the merits and risks of purchasing the RNCS Note and of making an informed investment decision with respect thereto, and RNCS has not relied in connection with this Agreement and the transactions contemplated hereby upon any oral or written representations, warranties or agreements made by the Company, any Affiliate thereof or any officer, employee, agent or representative of any of the foregoing, other than those representations, warranties or agreements made by the Company in this Agreement. RNCS’ financial situation is such that RNCS can afford to bear the economic risk of buying the RNCS Note, RNCS understands that the purchase of the RNCS Note involves certain significant risks, and RNCS can afford to suffer the complete loss of its investment concerning the purchase of the RNCS Note. RNCS has the capacity to protect its own interests in connection with the purchase of the RNCS Note. (ii) RNCS has consulted with its own professional legal, tax and other advisors, to the extent deemed appropriate by RNCS, as to the financial, tax, legal and other matters concerning the transactions contemplated hereby and, on that basis, RNCS believes that purchasing the RNCS Note for the consideration set forth in Section 2(b)(ii) is suitable and appropriate. (iii) RNCS acknowledges that it is relying solely upon the advice of its own professional legal, tax and other advisors with respect to any and all aspects of the purchase of the RNCS Note and the transactions contemplated hereby and thereby, and neither the Company nor any of its Affiliates, representatives or agents has made any representation or warranty regarding the appropriateness of RNCS’ purchase of the RNCS Note as an investment or any other consequences of purchasing the RNCS Note. (iv) RNCS acknowledges it has obtained all information RNCS requires regarding the RNCS Note. RNCS acknowledges it has had an opportunity to ask questions and receive answers from the Company’s representatives regarding the terms and conditions of the RNCS Note and the business, management, properties and financial condition of the Company. (v) RNCS is acquiring the RNCS Note for its own account and not with a view to, or intention of, distribution thereof in violation of the Securities Act, or any applicable state securities Laws, and the RNCS Note will not be disposed of in contravention of the Securities Act or any applicable state securities Laws. RNCS does not presently have any contract, undertaking, agreement or arrangement with any Person to transfer the RNCS Note or any interest therein to such Person or to any third Person. (vi) RNCS acknowledges that the RNCS Note has not been registered under the Securities Act or under any state securities Laws, and agrees that RNCS will not sell or otherwise transfer the RNCS Note or any interest therein unless such sale or transfer is made pursuant to an effective registration statement under the Securities Act and any applicable state securities Laws or is exempt from the registration requirements under the Securities Act and such state securities Laws and also such sale or transfer is made in compliance with the terms and conditions of the RNCS Note, including the transfer restrictions set forth therein. (vii) RNCS understands that the RNCS Note will be a “restricted security” as that term is defined in Rule 144 under the Securities Act, and that the RNCS Note must be held indefinitely unless (i) it is subsequently registered pursuant to an effective registration statement under the Securities Act and any applicable securities Laws, or (ii) exemptions from the registration requirements under the Securities Act and such state securities Laws are available, in each case, subject to the transfer restrictions set forth in the RNCS Note. RNCS understands that the Company is not under any obligation to register the RNCS Note under the Securities Act.

Evaluation of and Ability to Bear Risks; Independent Analysis; Related Matters. (i) RNCS JKD is aware of the Company’s business affairs and financial condition and has acquired sufficient information about the Company and its subsidiaries to reach an informed and knowledgeable decision to acquire the RNCS Note. RNCS JKD has such knowledge and experience in financial affairs to be capable of evaluating the merits and risks of purchasing the RNCS Note and of making an informed investment decision with respect thereto, and RNCS JKD has not relied in connection with this Agreement and the transactions contemplated hereby upon any oral or written representations, warranties or agreements made by the Company, any Affiliate thereof or any officer, employee, agent or representative of any of the foregoing, other than those representations, warranties or agreements made by the Company in this Agreement. RNCS’ JKD’s financial situation is such that RNCS JKD can afford to bear the economic risk of buying the RNCS Note, RNCS JKD understands that the purchase of the RNCS Note involves certain significant risks, and RNCS JKD can afford to suffer the complete loss of its investment concerning the purchase of the RNCS Note. RNCS JKD has the capacity to protect its own interests in connection with the purchase of the RNCS Note. (ii) RNCS JKD has consulted with its own professional legal, tax and other advisors, to the extent deemed appropriate by RNCSJKD, as to the financial, tax, legal and other matters concerning the transactions contemplated hereby and, on that basis, RNCS believes that purchasing the RNCS Note for the consideration set forth in Section 2(b)(ii) is suitable and appropriatehereby. (iii) RNCS JKD acknowledges that it is relying solely upon the advice of its own professional legal, tax and other advisors with respect to any and all aspects of the purchase of the RNCS Note and the transactions contemplated hereby and therebyhereby, and neither the Company nor any of its Affiliates, representatives or agents has made any representation or warranty regarding the appropriateness of RNCS’ purchase of JKD’s participation in the RNCS Note as an investment or any other consequences of purchasing the RNCS Notetransactions contemplated hereby. (iv) RNCS JKD acknowledges it has obtained all information RNCS JKD requires regarding the RNCS Notetransactions contemplated hereby. RNCS JKD acknowledges it has had an opportunity to ask questions and receive answers from the Company’s representatives regarding the terms and conditions of the RNCS Note and the business, management, properties and financial condition of the Company. (v) RNCS JKD is acquiring the RNCS Note for its own account and not with a view to, or intention of, distribution thereof in violation of the Securities Act, or any applicable state securities Laws, and the RNCS Note will not be disposed of in contravention of the Securities Act or any applicable state securities Laws. RNCS JKD does not presently have any contract, undertaking, agreement or arrangement with any Person to transfer the RNCS Note or any interest therein to such Person or to any third Person. (vi) RNCS JKD acknowledges that the RNCS Note has not been registered under the Securities Act or under any state securities Laws, and agrees that RNCS JKD will not sell or otherwise transfer the RNCS Note or any interest therein unless such sale or transfer is made pursuant to an effective registration statement under the Securities Act and any applicable state securities Laws or is exempt from the registration requirements under the Securities Act and such state securities Laws and also such sale or transfer is made in compliance with the terms and conditions of the RNCS Note, including the transfer restrictions set forth therein. (vii) RNCS JKD understands that the RNCS Note will be a “restricted security” as that term is defined in Rule 144 under the Securities Act, and that the RNCS Note must be held indefinitely unless (i) it is subsequently registered pursuant to an effective registration statement under the Securities Act and any applicable securities Laws, or (ii) exemptions from the registration requirements under the Securities Act and such state securities Laws are available, in each case, subject to the transfer restrictions set forth in the RNCS Note. RNCS JKD understands that the Company is not under any obligation to register the RNCS Note under the Securities Act.

Evaluation of and Ability to Bear Risks; Independent Analysis; Related Matters. (i) RNCS JKD is aware of the Company’s business affairs and financial condition and has acquired sufficient information about the Company and its subsidiaries to reach an informed and knowledgeable decision to acquire the RNCS JKD Note. RNCS JKD has such knowledge and experience in financial affairs to be capable of evaluating the merits and risks of purchasing the RNCS JKD Note and of making an informed investment decision with respect thereto, and RNCS JKD has not relied in connection with this Agreement and the transactions contemplated hereby upon any oral or written representations, warranties or agreements made by the Company, any Affiliate thereof or any officer, employee, agent or representative of any of the foregoing, other than those representations, warranties or agreements made by the Company in this Agreement. RNCS’ JKD’s financial situation is such that RNCS JKD can afford to bear the economic risk of buying the RNCS JKD Note, RNCS JKD understands that the purchase of the RNCS JKD Note involves certain significant risks, and RNCS JKD can afford to suffer the complete loss of its investment concerning the purchase of the RNCS JKD Note. RNCS JKD has the capacity to protect its own interests in connection with the purchase of the RNCS JKD Note. (ii) RNCS JKD has consulted with its own professional legal, tax and other advisors, to the extent deemed appropriate by RNCSJKD, as to the financial, tax, legal and other matters concerning the transactions contemplated hereby and, on that basis, RNCS JKD believes that purchasing the RNCS JKD Note for the consideration set forth in Section 2(b)(ii2(b)(i) is suitable and appropriate. (iii) RNCS JKD acknowledges that it is relying solely upon the advice of its own professional legal, tax and other advisors with respect to any and all aspects of the purchase of the RNCS JKD Note and the transactions contemplated hereby and thereby, and neither the Company nor any of its Affiliates, representatives or agents has made any representation or warranty regarding the appropriateness of RNCS’ JKD’s purchase of the RNCS JKD Note as an investment or any other consequences of purchasing the RNCS JKD Note. (iv) RNCS JKD acknowledges it has obtained all information RNCS JKD requires regarding the RNCS JKD Note. RNCS JKD acknowledges it has had an opportunity to ask questions and receive answers from the Company’s representatives regarding the terms and conditions of the RNCS JKD Note and the business, management, properties and financial condition of the Company. (v) RNCS JKD is acquiring the RNCS JKD Note for its own account and not with a view to, or intention of, distribution thereof in violation of the Securities Act, or any applicable state securities Laws, and the RNCS JKD Note will not be disposed of in contravention of the Securities Act or any applicable state securities Laws. RNCS JKD does not presently have any contract, undertaking, agreement or arrangement with any Person to transfer the RNCS JKD Note or any interest therein to such Person or to any third Person. (vi) RNCS JKD acknowledges that the RNCS JKD Note has not been registered under the Securities Act or under any state securities Laws, and agrees that RNCS JKD will not sell or otherwise transfer the RNCS JKD Note or any interest therein unless such sale or transfer is made pursuant to an effective registration statement under the Securities Act and any applicable state securities Laws or is exempt from the registration requirements under the Securities Act and such state securities Laws and also such sale or transfer is made in compliance with the terms and conditions of the RNCS JKD Note, including the transfer restrictions set forth therein. (vii) RNCS JKD understands that the RNCS JKD Note will be a “restricted security” as that term is defined in Rule 144 under the Securities Act, and that the RNCS JKD Note must be held indefinitely unless (i) it is subsequently registered pursuant to an effective registration statement under the Securities Act and any applicable securities Laws, or (ii) exemptions from the registration requirements under the Securities Act and such state securities Laws are available, in each case, subject to the transfer restrictions set forth in the RNCS JKD Note. RNCS JKD understands that the Company is not under any obligation to register the RNCS JKD Note under the Securities Act.

Evaluation of and Ability to Bear Risks; Independent Analysis; Related Matters. (i) RNCS JKD is aware of the Company’s business affairs and financial condition and has acquired sufficient information about the Company and its subsidiaries to reach an informed and knowledgeable decision to acquire the RNCS NoteAmended and Restated JKD Note . RNCS JKD has such knowledge and experience in financial affairs to be capable of evaluating the merits and risks of purchasing the RNCS Amended and Restated JKD Note and of making an informed investment decision with respect thereto, and RNCS JKD has not relied in connection with this Agreement and the transactions contemplated hereby upon any oral or written representations, warranties or agreements made by the Company, any Affiliate thereof or any officer, employee, agent or representative of any of the foregoing, other than those representations, warranties or agreements made by the Company in this Agreement. RNCS’ JKD’s financial situation is such that RNCS JKD can afford to bear the economic risk of buying the RNCS Amended and Restated JKD Note, RNCS JKD understands that the purchase of the RNCS Amended and Restated JKD Note involves certain significant risks, and RNCS JKD can afford to suffer the complete loss of its investment concerning the purchase of the RNCS Amended and Restated JKD Note. RNCS JKD has the capacity to protect its own interests in connection with the purchase of the RNCS Amended and Restated JKD Note. (ii) RNCS JKD has consulted with its own professional legal, tax and other advisors, to the extent deemed appropriate by RNCSJKD, as to the financial, tax, legal and other matters concerning the transactions contemplated hereby and, on that basis, RNCS JKD believes that purchasing the RNCS Amended and Restated JKD Note for the consideration set forth in Section 2(b)(ii2(b) is suitable and appropriate. (iii) RNCS JKD acknowledges that it is relying solely upon the advice of its own professional legal, tax and other advisors with respect to any and all aspects of the purchase of the RNCS Amended and Restated JKD Note and the transactions contemplated hereby and thereby, and neither the Company nor any of its Affiliates, representatives or agents has made any representation or warranty regarding the appropriateness of RNCS’ JKD’s purchase of the RNCS Amended and Restated JKD Note as an investment or any other consequences of purchasing the RNCS Amended and Restated JKD Note. (iv) RNCS JKD acknowledges it has obtained all information RNCS JKD requires regarding the RNCS Amended and Restated JKD Note. RNCS JKD acknowledges it has had an opportunity to ask questions and receive answers from the Company’s representatives regarding the terms and conditions of the RNCS Amended and Restated JKD Note and the business, management, properties and financial condition of the Company. (v) RNCS JKD is acquiring the RNCS Amended and Restated JKD Note for its own account and not with a view to, or intention of, distribution thereof in violation of the Securities Act, or any applicable state securities Laws, and the RNCS Amended and Restated JKD Note will not be disposed of in contravention of the Securities Act or any applicable state securities Laws. RNCS JKD does not presently have any contract, undertaking, agreement or arrangement with any Person to transfer the RNCS Amended and Restated JKD Note or any interest therein to such Person or to any third Person. (vi) RNCS JKD acknowledges that the RNCS Amended and Restated JKD Note has not been registered under the Securities Act or under any state securities Laws, and agrees that RNCS JKD will not sell or otherwise transfer the RNCS Amended and Restated JKD Note or any interest therein unless such sale or transfer is made pursuant to an effective registration statement under the Securities Act and any applicable state securities Laws or is exempt from the registration requirements under the Securities Act and such state securities Laws and also such sale or transfer is made in compliance with the terms and conditions of the RNCS Amended and Restated JKD Note, including the transfer restrictions set forth therein. (vii) RNCS JKD understands that the RNCS Amended and Restated JKD Note will be a “restricted security” as that term is defined in Rule 144 under the Securities Act, and that the RNCS Amended and Restated JKD Note must be held indefinitely unless (i) it is subsequently registered pursuant to an effective registration statement under the Securities Act and any applicable securities Laws, or (ii) exemptions from the registration requirements under the Securities Act and such state securities Laws are available, in each case, subject to the transfer restrictions set forth in the RNCS Amended and Restated JKD Note. RNCS JKD understands that the Company is not under any obligation to register the RNCS Amended and Restated JKD Note under the Securities Act.