Common use of Limited Representations Clause in Contracts

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's results is for the three and nine month periods ended on, and the most recent disclosure of the Company's financial condition is at, September 30, 2013, as reported on the Company's quarterly report on Form 10-Q, filed with the Commission on November 12, 2013, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's results, operations, financial condition, business or prospects. Investor understands that its purchase of the Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the February Warrant Shares, Warrant and Warrant Shares, Shares which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem it deems appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended period ending on, and the most recent disclosure of the Company's ’s financial condition is at, September June 30, 20132005, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 12, 2013, and that, except as disclosed in the SEC documents, that no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the February Warrant Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the February Warrant Shares, the Warrant and, and if applicable, applicable the Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30, 20132009, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 1211, 20132009, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Prior Warrant Shares, Warrant Warrant, and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30, 20132011, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 129, 20132011, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Prior Warrant Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Prior Warrant Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant Warrant, and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30, 20132007, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 12, 2013, and that, except as disclosed in the SEC documents, that no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its his purchase of the Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its his entire investment in the Shares, the Warrant and, and if applicable, applicable the Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Prior Warrant Shares, Warrant Warrant, and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30, 2013, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 12, 2013, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested request by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Prior Warrant Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Prior Warrant Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has anyhas, any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant Adjusted Warrant, and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30, 20132009, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 1211, 20132009, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Shares, Adjusted Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Shares, Adjusted Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Such Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and all materials relating to the offer and sale of the Shares, Warrant and Warrant Shares, which Securities in each case that have been requested by such Investor. Such Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Such Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30, 20132022, as reported on the Company's quarterly report ’s Quarterly Report on Form 10-Q, filed with the Commission on November 129, 20132022, and that, except as disclosed in the SEC documentsDocuments, no information more recent than such date has been provided to or requested by such Investor as to the Company's ’s results, operations, financial condition, business or prospects. Such Investor understands that its purchase of the Shares, Warrant and, if applicable, Warrant Shares Securities involves a high degree of risk and that Investor it may lose its entire investment in the Shares, Warrant and, if applicable, Warrant SharesSecurities, and such Investor further acknowledges and agrees that Investor it can afford to do so without material adverse consequences to its financial condition. Such Investor is not relying on, nor has anyand does not have, any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the September Warrant Shares, Warrant and Warrant Shares, Shares which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem it deems appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended period ending on, and the most recent disclosure of the Company's ’s financial condition is at, September 30March 31, 20132006, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 12, 2013, and that, except as disclosed in the SEC documents, that no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the September Warrant Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the September Warrant Shares, the Warrant and, and if applicable, applicable the Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant Warrant, and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods fiscal year ended on, and the most recent disclosure of the Company's ’s financial condition is atat December 31, September 30, 20132007, as reported on in the Company's quarterly report ’s Annual Report on Form 10-QK for the year ended December 31, 2007, filed with the Commission on November 12March 17, 20132008, and that, except as disclosed in the SEC documents, that no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Neither such inquiries nor any other due diligence investigations conducted by such Investor or its advisors, if any, or its representatives shall modify, amend or affect such Investor’s right to rely on the Company’s representations and warranties contained herein. Investor understands that its his purchase of the Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its his entire investment in the Shares, the Warrant and, and if applicable, applicable the Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the February Warrant Shares, Warrant and Warrant Shares, Shares which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem it deems appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended period ending on, and the most recent disclosure of the Company's ’s financial condition is at, September 30March 31, 20132006, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 12, 2013, and that, except as disclosed in the SEC documents, that no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the February Warrant Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the February Warrant Shares, the Warrant and, and if applicable, applicable the Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30December 31, 20132010, as reported on the Company's quarterly ’s annual report on Form 10-QK, filed with the Commission on November 12March 16, 20132011, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Prior Warrant Shares, Warrant Warrant, and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30, 20132008, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 1210, 20132008, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Prior Warrant Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Prior Warrant Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and all materials relating to the offer and sale of the Shares, Warrant the Warrant, and the Warrant Shares, which in each case that have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods year ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30December 31, 20132015, as reported on the Company's quarterly report ’s Annual Report on Form 10-QK, filed with the Commission on November 12March 22, 20132016, and that, except as disclosed in the SEC documentsDocuments, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Shares, Warrant the Warrant, and, if applicable, the Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Shares, Warrant the Warrant, and, if applicable, the Warrant Shares, and Investor further acknowledges and agrees that Investor it can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has anyand does not have, any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30, 20132010, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 129, 20132010, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and his/its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and all materials relating to the offer and sale of the Shares, Warrant the Warrant, and the Warrant Shares, which in each case that have been requested by Investor. Investor and his/its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods period ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30March 31, 20132014, as reported on the Company's quarterly report ’s Quarterly Report on Form 10-Q, filed with the Commission on November May 12, 20132014, and that, except as disclosed in the SEC documentsDocuments, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that his/its purchase of the Shares, Warrant the Warrant, and, if applicable, the Warrant Shares involves a high degree of risk and that Investor may lose his/its entire investment in the Shares, Warrant the Warrant, and, if applicable, the Warrant Shares, and Investor further acknowledges and agrees that Investor he/it can afford to do so without material adverse consequences to his/its financial condition. Investor is not relying on, nor has anyand does not have, any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Exercised March Warrant Shares, Warrant and Warrant Shares, Shares which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges that the Company has not disclosed its results for the quarterly period ending on, or its financial condition at, June 30, 2007, and agrees that the Company has no plans to do so until the completion of its audit for such period and the filing of its quarterly report on Form 10-Q with the SEC, which may be delayed or extended in accordance with the SEC rules. Investor acknowledges that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended period ending on, and the most recent disclosure of the Company's ’s financial condition is at, September 30March 31, 20132007, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 12, 2013, and that, except as disclosed in the SEC documents, that no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its his purchase of the Shares, Exercised March Warrant Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its his entire investment in the Shares, Exercised March Warrant Shares, the Warrant and, if applicable, the Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine six month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September June 30, 20132010, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 12August 9, 20132010, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30, 20132011, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 129, 20132011, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Shares, Warrant and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine six month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September June 30, 20132009, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 12August 10, 20132009, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and materials relating to the offer and sale of the Prior Warrant Shares, Warrant Warrant, and Warrant Shares, which have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30, 20132010, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November 129, 20132010, and that, except as disclosed in the SEC documents, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Prior Warrant Shares, Warrant and, if applicable, Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Prior Warrant Shares, Warrant and, if applicable, Warrant Shares, and that Investor can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has any, on any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which have been requested and all materials relating to the offer and sale of the Shares, Warrant and Prior Warrant Shares, which the Shares, the Warrant, and the Warrant Shares, in each case that have been requested by Investor. Investor and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods year ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30December 31, 20132014, as reported on the Company's quarterly report ’s Annual Report on Form 10-QK, filed with the Commission on November March 12, 20132015, and that, except as disclosed in the SEC documentsDocuments, no information more recent than such date has been provided to or requested by Investor as to the Company's ’s results, operations, financial condition, business or prospects. Investor understands that its purchase of the Prior Warrant Shares, Warrant the Shares, the Warrant, and, if applicable, the Warrant Shares involves a high degree of risk and that Investor may lose its entire investment in the Prior Warrant Shares, Warrant the Shares, the Warrant, and, if applicable, the Warrant Shares, and Investor further acknowledges and agrees that Investor it can afford to do so without material adverse consequences to its financial condition. Investor is not relying on, nor has anyand does not have, any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 herein.

Limited Representations. Investor Lender and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and its Subsidiaries which that have been requested and materials relating to the offer and sale acquisition of the SharesWarrants and shares of Common Stock, Warrant and Warrant Shares, which that have been requested by InvestorLender. Investor Lender and its advisors, if any, have been afforded the opportunity to ask such questions of the Company as they deem appropriate for purposes of the investment contemplated hereby. Investor Lender acknowledges and agrees that the most recent disclosure of the Company's ’s results is for the three and nine month periods period ended on, and the most recent disclosure of the Company's ’s financial condition is at, September 30March 31, 20132014, as reported on the Company's ’s quarterly report on Form 10-Q, filed with the Commission on November May 12, 2013, and that, except as disclosed in 2014. Lender acknowledges that Lender has had the SEC documents, no opportunity to ask questions or otherwise request information more recent than such date has been provided related to (or requested by Investor as to otherwise is aware of) the Company's ’s results, operations, financial conditionconditions or prospects since March 31, business 2014. Lender does not have, and is not otherwise aware of, any information that is or would be material to the Company’s results, operations, financial conditions or prospects, that the Company does not have or is not otherwise aware of. Investor Lender understands that its purchase acquisition of the Shares, Warrant and, if applicable, Warrant Shares Warrants and shares of Common Stock involves a high degree of risk and that Investor Lender may lose its entire investment in the Shares, Warrant and, if applicable, Warrant SharesWarrants and shares of Common Stock, and that Investor Lender can afford to do so without material adverse consequences to its financial condition. Investor Lender is not relying on, nor has anyand does not have, any information provided by the Company and its Subsidiaries, except to the extent provided in Section 3 6 herein.