Purchase Entirely for Own Account, Etc. Such Purchaser is acquiring the Securities for its own account, and not with a view to, or for sale in connection with, any distribution of the Securities in violation of the Securities Act. Except as contemplated by this Agreement, such Purchaser has no present agreement, undertaking, arrangement, obligation or commitment providing for the disposition of the Securities. Such Purchaser, if it is a legal entity, has not been organized, reorganized or recapitalized specifically for the purpose of investing in the Securities.
Purchase Entirely for Own Account, Etc. Such Purchaser is acquiring the Shares for its own account, and not with a view to, or for sale in connection with, any distribution of the Shares in violation of the Securities Act. Except as contemplated by this Agreement, such Purchaser has no present agreement, undertaking, arrangement, obligation or commitment providing for the disposition of the Shares. Such Purchaser, if it is a legal entity, has not been organized, reorganized or recapitalized specifically for the purpose of investing in the Shares or any shares of Common Stock issuable upon conversion of the Shares.
Purchase Entirely for Own Account, Etc. The Warrants and shares of Common Stock underlying the Warrants (the "Warrant Shares") to be purchased by Warrant Holder hereunder will be acquired for investment for Warrant Holder's own account, not as a nominee or agent, and not with a view to the resale or distribution of any part thereof. Warrant Holder has no present intention of selling, granting any participation in, or otherwise distributing the Warrants or the Warrant Shares. Warrant Holder does not have any contract, undertaking, agreement or arrangement with any person to sell, transfer or grant participations to any person with respect to the Warrants or the Warrant Shares. WARRANT HOLDER has not construed the contents of this Agreement, or any additional agreement with respect to the proposed investment in the Warrants or any prior or subsequent communications from the Company, or any of its officers, employees or representatives, as investment, tax or legal advice or as information necessarily applicable to such Warrant Holder's particular financial situation. WARRANT HOLDER has consulted its own financial advisor, tax advisor, legal counsel and accountant, as necessary or desirable, as to matters concerning his investment in the Warrants and Warrant Shares.
Purchase Entirely for Own Account, Etc. It is acquiring the Shares solely for investment for its own account, not as a nominee or agent and not with the view to, or for resale in connection with, any distribution thereof. It has no present intention of selling, granting any participation in, or otherwise distributing the Shares or the Conversion Shares. It does not have any contract, undertaking, agreement or arrangement with any person to sell, transfer or grant participations to any person with respect to the Shares or the Conversion Shares. It understands that the Shares and the Conversion Shares have not been registered under the Securities Act by reason of an exemption from the registration provisions of the Securities Act, and that the Company's and Subsidiary's reliance on such exemption is predicated in part upon its representations and warranties set forth in this Section 4.
Purchase Entirely for Own Account, Etc. The Conversion Shares to be acquired by Lendxx xxxeunder upon conversion of this Debenture will be acquired for investment for Lendxx'x xwn account, not as a nominee or agent, and not with a view to the resale or distribution of any part thereof. Lender has no present intention of selling, granting any participation in, or otherwise distributing this Debenture or the Conversion Shares. Lender does not have any contract, undertaking, agreement or arrangement with any person to sell, transfer or grant participations to any person with respect to this Debenture or the Conversion Shares. The Lender has not construed the contents of this Debenture, or any additional agreement with respect to the proposed investment in the Shares or any prior or subsequent communications from Borrower, or any of its officers, employees or representatives, as investment, tax or legal advice, or as information necessarily applicable to such Lendxx'x xarticular financial situation. The Lender has consulted its own financial advisor, tax advisor, legal counsel and accountant, as necessary or desirable, as to matters concerning his investment in the Conversion Shares.
Purchase Entirely for Own Account, Etc. The Note and the Warrants will be acquired for investment for the Investor's own account, not as a nominee or agent, and not with a view to the resale or distribution of any part thereof. The Investor has no present intention of selling, granting any participation in, or otherwise distributing the Note, the Warrant or the Default Warrant. The Investor does not have any contract, undertaking, agreement or arrangement with any person to sell, transfer or grant participations to any person with respect to the Note, the Warrant or the Default Warrant or the preferred or common stock issuable upon conversion and exercise thereof (the "Underlying Stock"). The Investor understands that the Note, the Warrant, the Default Warrant and the Underlying Stock have not been registered under the 1933 Act on the grounds that the sale provided for in this Agreement and the issuance of securities hereunder is exempt from registration under the 1933 Act, and that the Obligors' reliance on such exemption is predicated in part upon the Investor's representations and warranties set forth in this Section 4.
Purchase Entirely for Own Account, Etc. The Units to be purchased by Investor hereunder will be acquired for investment for Investor's own account, not as a nominee
Purchase Entirely for Own Account, Etc. The Debentures to be purchased by Investor hereunder will be acquired for investment for Investor's own account, not as a nominee or agent, and not with a view to the resale or distribution of any part thereof. Investor has no present intention of selling, granting any participation in, or otherwise distributing the Debentures or the Conversion Shares. Investor does not have any contract, undertaking, agreement or arrangement with any person to sell, transfer or grant participations to any person with respect to the Debentures or the Conversion Shares. The Investor has not construed the contents of this Agreement, or any additional agreement with respect to the proposed investment in the Debentures or any prior or subsequent communications from the Company, or any of its officers, employees or representatives, as investment, tax or legal advice or as information necessarily applicable to such Investor's particular financial situation. The Investor has consulted its own financial advisor, tax advisor, legal counsel and accountant, as necessary or desirable, as to matters concerning his investment in the Debentures.
Purchase Entirely for Own Account, Etc. Such Investor is acquiring the Securities for its own account, and not with a view to, or for sale in connection with, any distribution in violation of the Securities Act. Except as contemplated by this Agreement, such Investor has no present agreement, undertaking, arrangement, obligation or commitment providing for the disposition of the Securities. Such Investor has not been organized, reorganized or recapitalized specifically for the purpose of investing in the Securities. Notwithstanding the foregoing, by making the representations in this Section 4.3, such Investor 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 the Securities Act and state securities laws applicable to such disposition.
Purchase Entirely for Own Account, Etc. Janus is acquiring the Shares for its own account, and not with a view to, or for sale in connection with, any distribution of the Shares in violation of the Securities Act. Except as contemplated by this Agreement, Janus has no present agreement, undertaking, arrangement, obligation or commitment providing for the disposition of the Shares. Janus represents that is has not been organized, reorganized or recapitalized specifically for the purpose of investing in the Shares. Janus agrees not to assign, sell, pledge, transfer or otherwise dispose of or transfer any Shares unless registered under the Securities Act and applicable state securities laws, or an opinion is given by counsel satisfactory to the Company that such registration is not required. The Company may affix a legend to any certificates representing the Shares to the foregoing effect.
