Common use of Investor's Independent Investigation Clause in Contracts

Investor's Independent Investigation. Investor, in subscribing for the Note and receiving the Fee Shares hereunder, has relied solely upon an independent investigation made by Investor and Investor’s representatives, if any, and has, prior to the date hereof, been given access to and the opportunity to examine all books and records of the Company, and all material contracts and documents of the Company which have been filed as exhibits to the Company's filings made under the Act and the Securities Exchange Act of 1934, as amended (the "Exchange Act"). In making Investor’s investment decision to purchase the Note and receive the Fee Shares, Investor is not relying on any oral or written representations or assurances from the Company or any other person other than as set forth in this Agreement. Investor has received and reviewed the Company's Annual Report on Form 10-KSB for the year ended December 31, 2005 and the Company's Form 10-QSB for the quarters ended March 31, 2006 and June 30, 2006, and September 30, 2006. Investor has such experience in business and financial matters that Investor is capable of evaluating the risk of Investor’s investment and determining the suitability of Investor’s investment. Investor is an accredited investor as defined in Rule 501 of Regulation D promulgated under the Act.

Investor's Independent Investigation. Investor, in subscribing for the Multi-Draw Term Loan Note and receiving the Fee Shares hereunder, has relied solely upon an independent investigation made by Investor and Investor’s representatives, if any, and has, prior to the date hereof, been given access to and the opportunity to examine all books and records of the Company, and all material contracts and documents of the Company which have been filed as exhibits to the Company's filings made under the Act and the Securities Exchange Act of 1934, as amended (the "Exchange Act"). In making Investor’s investment decision to purchase the Note and receive the Fee SharesMulti-Draw Term Loan Note, Investor is not relying on any oral or written representations or assurances from the Company or any other person other than as set forth in this Agreement. Investor has received and reviewed the Company's Annual Report on Form 10-KSB for the year ended December 31, 2005 2006 and the Company's Form 10-QSB for the quarters ended March 31, 2006 and 2007, June 30, 2006, 2007 and September 30, 20062007. Investor has such experience in business and financial matters that Investor is capable of evaluating the risk of Investor’s investment and determining the suitability of Investor’s investment. Investor is an accredited investor as defined in Rule 501 of Regulation D promulgated under the Act.