Common use of No Sale or Distribution Clause in Contracts

No Sale or Distribution. Such Buyer is acquiring the Notes, and the Warrants, and upon conversion of the Notes and exercise of the Warrants (other than pursuant to a Cashless Exercise (as defined in the Warrants)) will acquire the Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants, for its own account, not as nominee or agent, and not with a view towards resale or distribution thereof, except pursuant to sales registered or exempted under the 1933 Act, and such Buyer has no present intention of selling, granting any participation in, or otherwise distributing the same in violation of the 1933 Act; provided, however, that by making the representations herein, such Buyer does not agree to hold any of the Securities for any minimum or other specific term and reserves the right to dispose of the Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act and pursuant to the applicable terms of the Transaction Documents (as defined in Section 3(b)). Such Buyer is acquiring the Securities hereunder in the ordinary course of its business. Such Buyer does not presently have any agreement or understanding, directly or indirectly, with any Person (as defined in Section 3(r) below) to distribute any of the Securities.

No Sale or Distribution. Such Buyer is acquiring the Notes, Notes and the Warrants, and upon conversion of the Notes and exercise of the Warrants (other than pursuant to a Cashless Exercise (as defined in the Warrants)) will acquire the Conversion Shares issuable upon conversion of the Notes and Notes, the Warrant Shares issuable upon exercise of the Warrants, and the Interest Shares pursuant to the terms of the Notes for its own account, not as nominee or agent, account and not with a view towards towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the 1933 Act, and such Buyer has no present intention of selling, granting any participation in, or otherwise distributing the same in violation of the 1933 Act; provided, however, that by making the representations herein, such Buyer does not agree to hold any of the Securities for any minimum or other specific term and reserves the right to dispose of the Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act and pursuant to the applicable terms of the Transaction Documents (as defined in Section 3(b)). Such Buyer is acquiring the Securities hereunder in the ordinary course of its business. Such Buyer does not presently have any agreement or understanding, directly or indirectly, with any Person (as defined in Section 3(r) below) to distribute any of the Securities.

No Sale or Distribution. Such Buyer is acquiring the Notes, the Warrants and the WarrantsAdditional Investment Rights, and upon conversion of the Notes and exercise of the Warrants (other than pursuant to a Cashless Exercise (as defined in the Warrants)) and Additional Investment Rights will acquire the Conversion Shares issuable upon conversion of the Notes and Notes, the Warrant Shares issuable upon exercise of the WarrantsWarrants and the Additional Notes issuable upon exercise of the Additional Investment Rights, for its own account, not as nominee or agent, account and not with a view towards towards, or for resale in connection with, the sale or distribution thereof, except pursuant to sales registered or exempted under the 1933 Act, and such Buyer has no present intention of selling, granting any participation in, or otherwise distributing the same in violation of the 1933 Act; provided, however, that by making the representations herein, such Buyer does not agree to hold any of the Securities for any minimum or other specific term and reserves the right to dispose of the Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act and pursuant to the applicable terms of the Transaction Documents (as defined in Section 3(b))Act. Such Buyer is acquiring the Securities hereunder in the ordinary course of its business. Such Buyer does not presently have any agreement or understanding, directly or indirectly, with any Person (as defined in Section 3(r) below3(s)) to distribute any of the Securities.

No Sale or Distribution. Such Buyer is acquiring the Notes, the Warrants and the WarrantsAdditional Investment Rights, and upon conversion of the Notes and exercise of the Warrants (other than pursuant to a Cashless Exercise (as defined in the Warrants)) and Additional Investment Rights, will acquire the Conversion Shares issuable upon conversion of the Notes and Notes, the Warrant Shares issuable upon exercise of the WarrantsWarrants and the Additional Notes issuable upon exercise of the Additional Investment Rights, for its own account, not as nominee or agent, account and not with a view towards towards, or for resale in connection with, the sale or distribution thereof, except pursuant to sales registered or exempted under the 1933 Act, and such Buyer has no present intention of selling, granting any participation in, or otherwise distributing the same in violation of the 1933 Act; provided, however, that by making the representations herein, such Buyer does not agree to hold any of the Securities for any minimum or other specific term and reserves the right to dispose of the Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act and pursuant to the applicable terms of the Transaction Documents (as defined in Section 3(b))Act. Such Buyer is acquiring the Securities hereunder in the ordinary course of its business. Such Buyer does not presently have any agreement or understanding, directly or indirectly, with any Person (as defined in Section 3(r) below) to distribute any of the Securities.