Common use of FINRA Exemption Clause in Contracts

FINRA Exemption. To enable Xxxxx-Xxxxxx to rely upon Rule 5110(h)(1)(C) of the Financial Industry Regulatory Authority (“FINRA”), the Company represents that it is an “experienced issuer” as defined in FINRA Rule 5110(j)(6). Any certificate signed by an officer of the Company and delivered to Xxxxx-Xxxxxx or to counsel for Xxxxx-Xxxxxx pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to Xxxxx-Xxxxxx as to the matters set forth therein. The Company acknowledges that Xxxxx-Xxxxxx and, for purposes of the opinions to be delivered pursuant to Section 7 hereof, counsel to the Company and counsel to Xxxxx-Xxxxxx, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.

FINRA Exemption. To enable XxxxxCxxxx-Xxxxxx to rely upon Rule 5110(h)(1)(C) of the Financial Industry Regulatory Authority (“FINRA”), the Company represents that it is an “experienced issuer” as defined in FINRA Rule 5110(j)(6). Any certificate signed by an officer of the Company and delivered to XxxxxCxxxx-Xxxxxx or to counsel for XxxxxCxxxx-Xxxxxx pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to XxxxxCxxxx-Xxxxxx as to the matters set forth therein. The Company acknowledges that XxxxxCxxxx-Xxxxxx and, for purposes of the opinions to be delivered pursuant to Section 7 hereof, counsel to the Company and counsel to XxxxxCxxxx-Xxxxxx, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.