Common use of No Allegation of Section 5 Violation Clause in Contracts

No Allegation of Section 5 Violation. There has been no assertion by the SEC that there has been a violation of Section 5 of the Securities Act caused by the integration of the private sale of common stock to the Investor and the public offering pursuant to the Registration Statement, and there have been no claims made by third parties against the Investor based on a such an alleged Section 5 violation;