Common use of Form of Representation Date Certificate Clause in Contracts

Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m) of the At Market Issuance Sales Agreement (the “Agreement”), dated , 2008, and entered into between GreenHunter Energy, Inc. (the “Company”) and Xx Xxxxx & Co. (“Xx Xxxxx”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Officer’s Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m7(l) of the At At-The-Market Issuance Sales Agreement (the “Agreement”), dated June 14, 20082022, and entered into between GreenHunter EnergyBitNile Holdings, Inc. (the “Company”) and Xx Xxxxx & Co. (“Xx Xxxxx”)Ascendiant Capital Markets, LLC. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m) of the At Market Issuance Sales Agreement (the “Agreement”), dated November __, 2008, and entered into between GreenHunter EnergyNovavax, Inc. (the “Company”) and Xx Xxxxx & Co. (“Xx Xxxxx”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m) of the At Market Issuance Sales Agreement (the “Agreement”), dated October 14, 20082009, and entered into between GreenHunter Energy, Inc. Generex Biotechnology Corporation (the “Company”) and Xx Xxxxx & Co. (“Xx Xxxxx”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m) of the At Market Issuance Sales Agreement (the “Agreement”), dated March 15, 20082010, and entered into between GreenHunter EnergyNovavax, Inc. (the “Company”) and Xx XxXxxxxx, Xxxxx & Co. Vlak LLC (“Xx XxxxxMLV”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m) of the At Market Issuance Sales Agreement (the “Agreement”), dated September 14, 20082009, and entered into between GreenHunter Energy, Inc. Magnum Resources Corporation (the “Company”) and Xx Xxxxx & Co. (“Xx Xxxxx”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Officer’s Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m7(l) of the At At-The-Market Issuance Sales Agreement (the “Agreement”), dated January 22, 20082021, and entered into between GreenHunter EnergyAxxx Global Holdings, Inc. (the “Company”) and Xx Xxxxx & Co. (“Xx Xxxxx”)Ascendiant Capital Markets, LLC. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m7(l) of the At Market Issuance Sales Agreement (the “Agreement”), dated October ____, 20082013, and entered into between GreenHunter EnergyXxxxxx Energy Resources, Inc. (the “Company”) and Xx Xxxxx MLV & Co. (“Xx Xxxxx”)LLC. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary reasonable inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificatecertificate on behalf of the Company, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m7(l) of the At Market Issuance Sales Agreement (the “Agreement”), dated October 29, 20082010, and entered into between GreenHunter EnergyThreshold Pharmaceuticals, Inc. (the “Company”) and Xx XxXxxxxx, Xxxxx & Co. (“Xx Xxxxx”)Vlak LLC. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary reasonable inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificatecertificate on behalf of the Company, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Officer’s Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m7(l) of the At At-The-Market Issuance Sales Agreement (the “Agreement”), dated October 5, 20082020, and entered into between GreenHunter EnergyIMAC Holdings, Inc. (the “Company”) and Xx Xxxxx & Co. (“Xx Xxxxx”)Ascendiant Capital Markets, LLC. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m7(l) of the At Market Issuance Sales Agreement (the “Agreement”), dated June 10, 20082011, and entered into between GreenHunter EnergyCytokinetics, Inc. Incorporated (the “Company”) and Xx XxXxxxxx, Xxxxx & Co. (“Xx Xxxxx”)Vlak LLC. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement Agreement. The undersigned, a duly appointed and authorized officer of the Company, having made all necessary reasonable inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificatecertificate on behalf of the Company, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m) of the At Market Issuance Sales Agreement (the “Agreement”), dated ______ __, 20082010, and entered into between GreenHunter Energy, Inc. Magnum Resources Corporation (the “Company”) and Xx XxXxxxxx, Xxxxx & Co. Vlak LLC (“Xx XxxxxMLV”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows:

Form of Representation Date Certificate. This Officers Officer’s Certificate (this “Certificate”) is executed and delivered in connection with Section 7(m7(l) of the At At-The-Market Issuance Sales Agreement (the “Agreement”), dated June 9, 20082023, and entered into between GreenHunter EnergyAxxx Alliance, Inc. (the “Company”) and Xx Xxxxx & Co. (“Xx Xxxxx”)Ascendiant Capital Markets, LLC. All capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement The undersigned, a duly appointed and authorized officer of the Company, having made all necessary inquiries to establish the accuracy of the statements below and having been authorized by the Company to execute this certificate, hereby certifies as follows: