Common use of Own Account Clause in Contracts

Own Account. Such New Purchaser (i) understands that the New Debentures and New Warrants are “restricted securities” and have not been registered under the Securities Act or any applicable state securities law, (ii) is acquiring the Additional Debenture and New Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures and New Warrants (this representation and warranty not limiting such New Purchaser’s right to sell the New Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures and New Warrants hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New Debenture, New Warrants or New Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures and New Warrants Additional Securities are “restricted securitiessecurity” and have not been registered under the Securities Act or any applicable state securities law, (ii) is acquiring the Additional Debenture and New Warrants Securities as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Warrants Securities or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures and New Warrants Additional Securities (this representation and warranty not limiting such New Purchaser’s right to sell the New Additional Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures and New Warrants Securities hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New Debenture, New Warrants Additional Securities or New Additional Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures and New Warrants are Additional Debenture is a “restricted securitiessecurity” and have has not been registered under the Securities Act or any applicable state securities law, (ii) is acquiring the Additional Debenture and New Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Warrants Debenture or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures and New Warrants Additional Debenture (this representation and warranty not limiting such New Purchaser’s right to sell the New Additional Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures and New Warrants Debenture hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New Debenture, New Warrants Additional Debenture or New Additional Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures and New Warrants are “restricted securities” and have not been registered under the Securities Act or any applicable state securities law, (ii) law and is acquiring the Additional Debenture and New Warrants Debentures as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities Debentures in violation of the Securities Act or any applicable state securities law and (iv) has no direct or indirect arrangement or understanding understandings with any other persons to distribute or regarding the distribution of such New Debentures and New Warrants (this representation and warranty not limiting such New Purchaser’s right to sell the New Underlying Shares Debentures pursuant to the Registration Statement a registration statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures and New Warrants hereunder in the ordinary course of its business. Such New Purchaser does The undersigned acknowledges that (i) the Debentures will be issued pursuant to applicable exemptions from registration under the Securities Act and any applicable state securities laws, and (ii) the Debentures have not have any agreement been registered under the Securities Act, in reliance on the exemption from registration provided by Section 4(2) thereof. In connection therewith, the undersigned hereby covenants and agrees that it will not offer, sell, or understanding, directly or indirectly, with any Person to distribute any otherwise transfer the Debentures unless and until it obtains the consent of the New DebentureCompany and such Debentures are registered pursuant to the Act and the laws of all jurisdictions which in the opinion of the Company may be applicable or unless such Debentures are, New Warrants or New Underlying Sharesin the opinion of the Company, otherwise exempt from registration thereunder.

Own Account. Such New Purchaser (i) understands that the New Debentures and New Warrants are Additional Debenture is a “restricted securitiessecurity” and have not been registered under the Securities Act or any applicable state securities law, (ii) is acquiring the Additional Debenture and New Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Warrants Debenture or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures and New Warrants Additional Debenture (this representation and warranty not limiting such New Purchaser’s right to sell the New Additional Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures and New Warrants Debenture hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New Debenture, New Warrants Additional Debenture or New Additional Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures and New Warrants Additional Securities are “restricted securities” and have not been registered under the Securities Act or any applicable state securities law, (ii) is acquiring the Additional Debenture and New Warrants Securities as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Warrants Securities or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures and New Warrants Additional Securities (this representation and warranty not limiting such New Purchaser’s right to sell the New Additional Underlying Shares pursuant to the Registration a registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures and New Warrants Securities hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New Debenture, New Warrants Additional Securities or New Additional Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Additional Debentures and New Additional Warrants are “"restricted securities” " and have not been registered under the Securities Act or any applicable state securities law, (ii) law and is acquiring the Additional Debenture and New Additional Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Additional Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Additional Debentures and New Additional Warrants (this representation and warranty not limiting such New Purchaser’s 's right to sell the New Additional Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures and New Additional Warrants hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New DebentureAdditional Debentures, New Additional Warrants or New Additional Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures and New Warrants are Additional Debenture is a “restricted securitiessecurity” and have has not been registered under the Securities Act or any applicable state securities law, (ii) is acquiring the Additional Debenture and New Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Warrants Debenture or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures and New Warrants Additional Debenture (this representation and warranty not limiting such New Purchaser’s right to sell the New Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures and New Warrants Debenture hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New Debenture, New Warrants Additional Debenture or New Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures Notes and the New Warrants are “"restricted securities” " and have not been registered under the Securities Act or any applicable state securities law, (ii) law and is acquiring the Additional Debenture New Notes and the New Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures New Notes, New Warrants or New Warrants Underlying Shares or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities Notes, Warrants or New Underlying Shares in violation of the Securities Act or any applicable state securities law and (iv) has no direct or indirect arrangement or understanding understandings with any other persons to distribute or regarding the distribution of such Notes, Warrants or New Debentures and New Warrants Underlying Shares in violation of the Securities Act or any applicable state securities law (this representation and warranty not limiting such New Purchaser’s 's right to sell the New Notes, the New Warrants and the New Underlying Shares pursuant to a registration statement, including, but not limited to, the Registration Statement and Existing Registration Statement, as may be amended or supplemented from time to time, including, without limitation, pursuant to this Agreement, or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law). Such New Purchaser is acquiring the Additional Debentures New Notes and the New Warrants hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New Debenture, New Warrants or New Underlying Shares.

Own Account. Such New Purchaser (i) The Lender understands that the New Debentures shares of Company Common Stock issuable to it hereunder and New Warrants pursuant to the Amended and Restated Note (the “Securities”) are “restricted securities” and have not been registered under the Securities Act of 1933 (the “Securities Act”) or any applicable state securities law, (ii) law and is acquiring the Additional Debenture and New Warrants Securities as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Warrants Securities or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures and New Warrants Securities (this representation and warranty not limiting such New Purchaserthe Lender’s right to sell the New Underlying Shares Securities pursuant to a registration statement meeting the requirements set forth in the Registration Statement Rights Agreement and covering the resale of the Securities by the Lender as provided for in the Registration Rights Agreement (the “Registration Statement”) or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser The Lender is acquiring the Additional Debentures and New Warrants Securities hereunder in the ordinary course of its business. Such New Purchaser The Lender does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New Debenture, New Warrants or New Underlying SharesSecurities.

Own Account. Such The New Purchaser (i) understands that the New Debentures Debenture and New Warrants are “"restricted securities” " and have not been registered under the Securities Act or any applicable state securities law, (ii) law and is acquiring the Additional New Debenture and New Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures New Debenture or New Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures Debenture and New Warrants (this representation and warranty not limiting such New Purchaser’s 's right to sell the New Additional Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures New Debenture and New Warrants hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New Debenture, New Warrants or New Additional Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures Shares, Warrants and New Warrants Warrant Shares are “"restricted securities” " and have not been registered under the Securities Act or any applicable state securities law, (ii) law and is acquiring the Additional Debenture Shares, Warrants and New Warrants Warrant Shares as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures Shares, Warrants or New Warrants Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities Shares, Warrants or Warrant Shares in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures and New Shares, Warrants or Warrant Shares (this representation and warranty not limiting such New Purchaser’s 's right to sell the New Underlying Shares and/or Warrant Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures Shares, Warrants and New Warrants Warrant Shares hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New DebentureShares, New Warrants or New Underlying Warrant Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures Preferred Stock and New Warrants are “restricted securities” and have not been registered under the Securities Act or any applicable state securities law, (ii) law and is acquiring the Additional Debenture New Preferred Stock and New Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures New Preferred Stock or New Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures Preferred Stock and New Warrants (this representation and warranty not limiting such New Purchaser’s right to sell the New Additional Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures New Preferred Stock and New Warrants hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New DebenturePreferred Stock , New Warrants or New Additional Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures Additional Debenture and New Warrants are “restricted securities” and have not been registered under the Securities Act or any applicable state securities law, (ii) is acquiring the Additional Debenture and New Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures Debenture or New Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures and New Warrants (this representation and warranty not limiting such New Purchaser’s right to sell the New Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures Debenture and New Warrants hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New DebentureDebentures, New Warrants or New Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures and New Warrants Securities are “restricted securities” and have not been registered under the Securities Act or any applicable state securities law, (ii) law and is acquiring the Additional Debenture and New Warrants Securities as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Warrants Securities or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no direct or indirect arrangement or understanding understandings with any other persons to distribute or regarding the distribution of such New Debentures and New Warrants Securities (this representation and warranty not limiting such New Purchaser’s right to sell the New Underlying Shares Securities pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures and New Warrants Securities hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement Notwithstanding the foregoing, Midsummer Investment Ltd. (“Midsummer”) has been approached by an institutional accredited investor that was introduced to Midsummer by the placement agent for this transaction (the “Potential Purchaser”) about purchasing a portion of its Securities purchased hereunder after the Closing in a private transaction. Midsummer represents there are no present understandings or understanding, directly or indirectly, with any Person agreements to distribute transfer any of its Securities to such Potential Purchaser, however, any such transfer otherwise in accordance with the New Debenture, New Warrants provisions of Section 4.1(a) hereof shall in no way be deemed a breach of Midsummer’s representations and warranties hereunder or New Underlying Sharesunder any other Transaction Document.

Own Account. Such New The Purchaser (i) understands that the New Debentures and New Warrants Securities are “restricted securities” and have not been registered under the Securities Act or any applicable state securities law, (ii) law and is acquiring the Additional Debenture and New Warrants Securities as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Warrants Securities or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no direct or indirect arrangement or understanding understandings with any other persons to distribute or regarding the distribution of such New Debentures and New Warrants Securities (this representation and warranty not limiting such New the Purchaser’s right to sell the New Underlying Shares Securities pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New The Purchaser is acquiring the Additional Debentures and New Warrants Securities hereunder in the ordinary course of its business. Such New Purchaser does The undersigned acknowledges that (i) the Securities will be issued pursuant to applicable exemptions from registration under the Act and any applicable state securities laws, and (ii) the Securities have not have any agreement been registered under the Act, in reliance on the exemption from registration provided by Section 4(2) thereof. In connection therewith, the undersigned hereby covenants and agrees that it will not offer, sell, or understanding, directly or indirectly, with any Person to distribute any otherwise transfer the Securities unless and until it obtains the consent of the New DebentureCompany and such Securities are registered pursuant to the Act and the laws of all jurisdictions which in the opinion of the Company may be applicable or unless such Securities are, New Warrants or New Underlying Sharesin the opinion of the Company, otherwise exempt from registration thereunder.

Own Account. Such New Purchaser (i) understands that the New Debentures Debenture and New Warrants are “restricted securities” and have not been registered under the Securities Act or any applicable state securities law, (ii) is acquiring the Additional Debenture and New Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures Debenture or New Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures Debenture and New Warrants (this representation and warranty not limiting such New Purchaser’s right to sell the New Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures Debenture and New Warrants hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New Debenture, New Warrants or New Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures and New Warrants Securities are “restricted securities” and have not been registered under the Securities Act or any applicable state securities law, (ii) law and is acquiring the Additional Debenture and New Warrants Securities as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures or New Warrants Securities or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no direct or indirect arrangement or understanding understandings with any other persons to distribute or regarding the distribution of such New Debentures and New Warrants Securities (this representation and warranty not limiting such New Purchaser’s right to sell the New Underlying Shares Securities pursuant to the a Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures and New Warrants Securities hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement Notwithstanding the foregoing, Midsummer Investment Ltd. (“Midsummer”) has been approached by an institutional accredited investor that was introduced to Midsummer by the placement agent for this transaction (the “Potential Purchaser”) about purchasing a portion of its Securities purchased hereunder after the Closing in a private transaction. Midsummer represents there are no present understandings or understanding, directly or indirectly, with any Person agreements to distribute transfer any of its Securities to such Potential Purchaser, however, any such transfer otherwise in accordance with the New Debenture, New Warrants provisions of Section 4.1(a) hereof shall in no way be deemed a breach of Midsummer’s representations and warranties hereunder or New Underlying Sharesunder any other Transaction Document.

Own Account. Such New Purchaser (i) understands that the New Debentures Additional Debenture and New Warrants are “restricted securities” and have not been registered under the Securities Act or any applicable state securities law, (ii) is acquiring the Additional Debenture and New Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures Debenture or New Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures Debenture and New Warrants (this representation and warranty not limiting such New Purchaser’s right to sell the New Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures Debenture and New Warrants hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New Debenture, New Warrants or New Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures Additional Debenture and New Additional Warrants are “restricted securities” and have not been registered under the Securities Act or any applicable state securities law, (ii) is acquiring the Additional Debenture and New Additional Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures Debenture or New Additional Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Additional Debentures and New Additional Warrants (this representation and warranty not limiting such New Purchaser’s right to sell the New Additional Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures Debenture and New Additional Warrants hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New DebentureAdditional Debentures, New Additional Warrants or New Additional Underlying Shares.

Own Account. Such New Purchaser (i) understands that the New Debentures Additional Debenture and New Warrants are “"restricted securities” " and have not been registered under the Securities Act or any applicable state securities law, (ii) is acquiring the Additional Debenture and New Warrants as principal for its own account and not with a view to or for distributing or reselling such Additional Debentures Debenture or New Warrants or any part thereof in violation of the Securities Act or any applicable state securities law, (iii) has no present intention of distributing any of such Securities in violation of the Securities Act or any applicable state securities law and (iv) has no arrangement or understanding with any other persons regarding the distribution of such New Debentures and New Warrants (this representation and warranty not limiting such New Purchaser’s 's right to sell the New Underlying Shares pursuant to the Registration Statement or otherwise in compliance with applicable federal and state securities laws) in violation of the Securities Act or any applicable state securities law. Such New Purchaser is acquiring the Additional Debentures Debenture and New Warrants hereunder in the ordinary course of its business. Such New Purchaser does not have any agreement or understanding, directly or indirectly, with any Person to distribute any of the New DebentureDebentures, New Warrants or New Underlying Shares.