Common use of Federal Reserve Regulations and Other Matters Clause in Contracts

Federal Reserve Regulations and Other Matters. Neither the Company --------------------------------------------- nor any of its Subsidiaries will, directly or indirectly, use any of the proceeds from the sale of the Units for the purpose, whether immediate, incidental or ultimate, of buying any "margin stock," or of maintaining, reducing or retiring any indebtedness originally incurred to purchase any stock that is currently a "margin stock," or for any other purpose which might constitute the transactions contemplated hereby a "purpose credit," in each case within the meaning of Regulations G or U of the Board of Governors of the Federal Reserve System (12 C.F.R. 207 and 221, as amended, respectively), or otherwise take or permit to be taken any action which would involve a violation of such Regulation G or Regulation U or of Regulations T or X of the Board of Governors of the Federal Reserve System (12 C.F.R. 220 and 224, as amended, respectively) or any other regulation of such Board. No indebtedness that may be maintained, reduced or retired with the proceeds from the sale of the Units was incurred for the purpose of purchasing or carrying any "margin stock" and neither the Company nor any of its Subsidiaries own any such "margin stock" or have any present intention of acquiring, directly or indirectly any such "margin stock."

Federal Reserve Regulations and Other Matters. Neither the The Company --------------------------------------------- nor any of its Subsidiaries willwill not, directly or indirectly, use any of the proceeds from the sale of the Units Notes and Warrants for the purpose, whether immediate, incidental or ultimate, of buying any "margin stock," or of maintaining, reducing or retiring any indebtedness originally incurred to purchase any stock that is currently a "margin stock," or for any other purpose which might constitute the transactions contemplated hereby a "purpose credit," in each case within the meaning of Regulations Regulation G or U of the Board of Governors of the Federal Reserve System (12 C.F.R. 207 and 221, as amended, respectively), or otherwise take or permit to be taken any action which would involve a violation of such Regulation G or Regulation U or of Regulations T or X of the Board of Governors of the Federal Reserve System (12 C.F.R. 220 and 224, as amended, respectively) or any other regulation of such Board. No indebtedness that may be maintained, reduced or retired with the proceeds from the sale of the Units Notes or Warrants was incurred for the purpose of purchasing or carrying any "margin stock" and neither the Company nor any of its Subsidiaries does not own any such "margin stock" or have any present intention of acquiring, directly or indirectly any such "margin stock."

Federal Reserve Regulations and Other Matters. Neither the Company --------------------------------------------- nor any of its Subsidiaries will, directly or indirectly, use any of the proceeds from the sale of the Units Securities for the purpose, whether immediate, incidental or ultimate, of buying any "margin stock," or of maintaining, reducing or retiring any indebtedness originally incurred to purchase any stock that is currently a "margin stock," or for any other purpose which might constitute the transactions contemplated hereby a "purpose credit," in each case within the meaning of Regulations Regulation G or U of the Board of Governors of the Federal Reserve System (12 C.F.R. 207 and 221, as amended, respectively), or otherwise take or permit to be taken any action which would involve a violation of such Regulation G or Regulation U or of Regulations T or X of the Board of Governors of the Federal Reserve System (12 C.F.R. 220 and 224, as amended, respectively) ), or any other regulation of such Board. No indebtedness that may be maintained, reduced or retired with the proceeds from the sale of the Units Securities was incurred for the purpose of purchasing or carrying any "margin stock" and neither the Company nor any of its Subsidiaries own any such "margin stock" '' or have any present intention of acquiring, directly or indirectly indirectly, any such "margin stock."

Federal Reserve Regulations and Other Matters. Neither the Company --------------------------------------------- nor any of its Subsidiaries will, directly or indirectly, use any of the proceeds from the sale of the Units Unites for the purpose, whether immediate, incidental or ultimate, of buying any "margin stock," or of maintaining, reducing or retiring any indebtedness originally incurred to purchase any stock that is currently a "margin stock," ", or for any other purpose which might constitute the transactions contemplated hereby a "purpose credit," in each case within the meaning of Regulations G or U of the Board of Governors of the Federal Reserve System (12 C.F.R. 207 and 221, as amended, respectively), or otherwise take or permit to be taken any action which would involve a violation of such Regulation G or Regulation U or of Regulations T or X of the Board of Governors of the Federal Reserve System (12 C.F.R. 220 and 224, as amended, respectively) or any other regulation of such Board. No indebtedness that may be maintained, reduced or retired with the proceeds from the sale of the Units Unites was incurred for the purpose of purchasing or carrying any "margin stock" and neither the Company nor any of its Subsidiaries own any such "margin stock" or have any present intention of acquiring, directly or indirectly any such "margin stock"."

Federal Reserve Regulations and Other Matters. Neither the Company --------------------------------------------- nor any of its Subsidiaries will, directly or indirectly, use any of the proceeds from the sale of the Units Securities for the purpose, whether immediate, incidental or ultimate, of buying any "margin stock," or of maintaining, reducing or retiring any indebtedness originally incurred to purchase any stock that is currently a "margin stock," or for any other purpose which might constitute the transactions contemplated hereby a "purpose credit," in each case within the meaning of Regulations Regulation G or U of the Board of Governors of the Federal Reserve System (12 C.F.R. 207 and 221, as amended, respectively), or otherwise take or permit to be taken any action which would involve a violation of such Regulation G or Regulation U or of Regulations T or X of the Board of Governors of the Federal Reserve System (12 C.F.R. 220 and 224, as amended, respectively) ), or any other regulation of such Board. No indebtedness that may be maintained, reduced or retired with the proceeds from the sale of the Units Securities was incurred for the purpose of purchasing or carrying any "margin stock" and neither the Company nor any of its Subsidiaries own any such "margin stock" or have any present intention of acquiring, directly or indirectly indirectly, any such "margin stock."

Federal Reserve Regulations and Other Matters. Neither None of the Company --------------------------------------------- Issuers nor any of its their respective Subsidiaries will, directly or indirectly, use any of the proceeds from the sale of the Units Preferred Securities for the purpose, whether immediate, incidental or ultimate, of buying any "margin stock," ", or of maintaining, reducing or retiring any indebtedness originally incurred to purchase any stock that is currently a "margin stock," ", or for any other purpose which might constitute the transactions contemplated hereby a "purpose credit," ", in each case within the meaning of Regulations Regulation G or U of the Board of Governors of the Federal Reserve System (12 C.F.R. C.F.R, 207 and 221, as amended, respectively), or otherwise take or permit to be taken any action which would involve a violation of such Regulation G or Regulation U or of Regulations T or X of the Board of Governors of the Federal Reserve System (12 C.F.R. 220 220) and 224, as amended, respectively) or any other regulation of such Board. No indebtedness that may be maintained, reduced or retired with the proceeds from the sale of the Units Preferred Securities was incurred for the purpose of purchasing or carrying any "margin stock" and neither none of the Company Issuers nor any of its their respective Subsidiaries own any such "margin stock" or have any present intention of acquiring, directly or indirectly any such "margin stock"."

Federal Reserve Regulations and Other Matters. Neither the The Company --------------------------------------------- nor any of its Subsidiaries willwill not, directly or indirectly, use any of the proceeds from the sale of the Units Notes and Warrants for the purpose, whether immediate, incidental or ultimate, of buying any "margin stock," or of maintaining, reducing or retiring any indebtedness originally incurred to purchase any stock that is currently a "margin stock," or for any other purpose which might constitute the transactions contemplated hereby a "purpose credit," in each case within the meaning of Regulations Regulation G or U of the Board of Governors of the Federal Reserve System (12 C.F.R. 207 and 221, as amended, respectively), or otherwise take or permit to be taken any action which would involve a violation of such Regulation G or Regulation U or of Regulations T or X of the Board of Governors of the Federal Reserve System (12 C.F.R. 220 and 224, as amended, respectively) or any other regulation of such Board. No indebtedness that may be maintained, reduced or retired with the proceeds from the sale of the Units Notes or Warrants was incurred for the purpose of purchasing or carrying any "margin stock" and neither the Company nor any of its Subsidiaries does not own any such "margin stock" or have any present intention of acquiring, directly or indirectly any such "margin stock."

Federal Reserve Regulations and Other Matters. Neither the Company --------------------------------------------- nor any of its Subsidiaries will, directly or indirectly, use any of the proceeds from the sale of the Units New Notes for the purpose, whether immediate, incidental or ultimate, of buying any "margin stock," or of maintaining, reducing or retiring any indebtedness originally incurred to purchase any stock that is currently a "margin stock," or for any other purpose which might constitute the transactions contemplated hereby a "purpose credit," in each case within the meaning of Regulations G or U of the Board of Governors of the Federal Reserve System (12 C.F.R. 207 and 221, as amended, respectively), or otherwise take or permit to be taken any action which would involve a violation of such Regulation G or Regulation U or of Regulations T or X of the Board of Governors of the Federal Reserve System (12 C.F.R. 220 and 224, as amended, respectively) or any other regulation of such Board. No indebtedness that may be maintained, reduced or retired with the proceeds from the sale of the Units New Notes was incurred for the purpose of purchasing or carrying any "margin stock" and neither the Company nor any of its Subsidiaries own any such "margin stock" or have any present intention of acquiring, directly or indirectly any such "margin stock."

Federal Reserve Regulations and Other Matters. Neither the The Company --------------------------------------------- nor any of its Subsidiaries willwill not, directly or indirectly, use any of the proceeds from the sale of the Units Notes and Warrants for the purpose, whether immediate, incidental or ultimate, of buying any "margin stock," or of maintaining, reducing or retiring any indebtedness originally incurred to purchase any stock that is currently a "margin stock," or for any other purpose which might constitute the transactions contemplated hereby a "purpose credit," in each case within the meaning of Regulations Regulation G or U of the Board of Governors of the Federal Reserve System (12 C.F.R. 207 and 221, as amended, respectively), or otherwise take or permit to be taken any action which would involve a violation of such Regulation G or Regulation U or of Regulations T or X of the Board of Governors of the Federal Reserve System (12 C.F.R. 220 and 224, as amended, respectively) or any other regulation of such Board. No indebtedness that may be maintained, reduced or retired with the proceeds from the sale of the Units Notes or Warrants was incurred for the purpose of purchasing or carrying any "margin stock" and neither the Company nor any of its Subsidiaries own any such "margin stock" or have any present intention of acquiring, directly or indirectly indirectly, any such "margin stock."

Federal Reserve Regulations and Other Matters. Neither the Company --------------------------------------------- nor any of its Subsidiaries will, directly or indirectly, use any of the proceeds from the sale of the Units New Notes for the purpose, whether immediate, incidental or ultimate, of buying any "margin stock," or of maintaining, reducing or retiring any indebtedness originally incurred to purchase any stock that is currently a "margin stock," or for any other purpose which might constitute the transactions contemplated hereby a "purpose credit," in each case within the meaning of Regulations G or U of the Board of Governors of the Federal Reserve System (12 C.F.R. 207 and 221, as amended, respectively), or otherwise take or permit to be taken any action which would involve a violation of such Regulation G or Regulation U or of Regulations T or X of the Board of Governors of the Federal Reserve System (12 C.F.R. 220 and 224, as amended, respectively) or any other regulation of such Board. No indebtedness that may be maintained, reduced or retired with the proceeds from the sale of the Units Convertible Notes was incurred for the purpose of purchasing or carrying any "margin stock" and neither the Company nor any of its Subsidiaries own any such "margin stock" or have any present intention of acquiring, directly or indirectly any such "margin stock."