Common use of Offering of the Securities Clause in Contracts

Offering of the Securities. In connection with the offering of this Note, neither the Company nor any Person acting on its behalf has offered the Note, or any similar securities of the Company for sale to, solicited any offers to buy the Note, or any similar securities of the Company from or otherwise approached or negotiated with respect to the Company with any Person other than the Purchasers and other "accredited investors" (as defined in Rule 501(a) under the Securities Act). Neither the Company nor any Person acting on its behalf has taken or, except as contemplated hereby will take any action (including, without limitation, any offering of any securities of the Company under circumstances which would require the integration of such offering with the offering of the Note under the Securities Act) which could reasonably be expected to subject the offering, issuance or sale of the Note and the Warrants to the registration requirements of Section 5 of the Securities Act or violate the provisions of any securities, "blue sky", or similar law of any applicable jurisdiction.

Offering of the Securities. In connection with the offering of this Noteoffering, neither the Company nor any Person acting on its behalf has offered the Note, Securities or any similar securities of the Company for sale to, solicited any offers to buy the Note, Securities or any similar securities of the Company from or otherwise approached or negotiated with respect to the Company with any Person other than the Purchasers and other "accredited investors" (as defined in Rule 501(a) under the Securities Act). Neither the Company nor any Person acting on its behalf has taken taken, or, except as contemplated hereby hereby, will take take, any action (including, without limitation, any offering of any securities of the Company under circumstances which that would require the integration of such offering with the offering of the Note Securities under the Securities Act) which that could reasonably be expected to subject the offering, issuance or sale of the Note and the Warrants Securities to the registration requirements of Section 5 of the Securities Act or violate the provisions of any securities, "blue sky", or similar law of any applicable jurisdiction.