Common use of Representations of Guarantors Clause in Contracts

Representations of Guarantors. Each Guarantor represents and warrants to the TERA and DNA-CS that he has full power and authority to execute and deliver this Agreement and the Related Documents, and that this Agreement and Related Documents are valid, binding and enforceable in accordance with their terms as they relate to such Guarantor, except as may be limited by bankruptcy and insolvency laws, and similar laws affecting creditors rights generally and by general principals of equity. Each Guarantor represents and warrants that he or she (a) has such knowledge and experience in financial and business matters that such Guarantor is capable of evaluating the merits and risks of his or her investment and has the financial ability to assume the monetary risk associated therewith; (b) is able to bear the complete loss of his or her investment; (c) has received such documents and information from the TERA or DNA-CS as such Guarantor has requested and has had the opportunity to ask questions of, and receive answers from, the TERA and DNA-CS and the terms and conditions of the offering of the Warrants and the Common Stock to be issued pursuant to the Conversion Rights and the Warrants and to obtain additional information; (d) is an “accredited investor” as defined in Rule 501(a) of Regulation D promulgated under the 1933 Act; and (e) is not relying upon any statements or instruments made or issued by any person other than the TERA or DNA-CS in making a decision to invest in the Shares.

Representations of Guarantors. Each Guarantor represents and warrants to the TERA and DNA-CS that he has full power and authority to execute and deliver this Agreement and the Related Documents, and that this Agreement and Related Documents are valid, binding and enforceable in accordance with their terms as they relate to such Guarantor, except as may be limited by bankruptcy and insolvency laws, and similar laws affecting creditors rights generally and by general principals of equity. Each Guarantor represents and warrants that he or she (a) has such knowledge and experience in financial and business matters that such Guarantor is capable of evaluating the merits and risks of his or her investment and has the financial ability to assume the monetary risk associated therewith; (b) is able to bear the complete loss of his or her investment; (c) has received such documents and information from the TERA or DNA-CS as such Guarantor has requested and has had the opportunity to ask questions of, and receive answers from, the TERA and DNA-CS and the terms and conditions of the offering of the Warrants and the Common Stock to be issued pursuant to the Conversion Rights and the Warrants and to obtain additional information; (d) is an “"accredited investor” " as defined in Rule 501(a) of Regulation D promulgated under the 1933 Act; and (e) is not relying upon any statements or instruments made or issued by any person other than the TERA or DNA-CS in making a decision to invest in the Shares.

Representations of Guarantors. Each Guarantor represents and warrants to the TERA and DNA-CS DNA that he has full power and authority to execute and deliver this Agreement and the Related Documents, and that this Agreement and Related Documents are valid, binding and enforceable in accordance with their terms as they relate to such Guarantor, except as may be limited by bankruptcy and insolvency laws, and similar laws affecting creditors rights generally and by general principals of equity. Each Guarantor represents and warrants that he or she (a) has such knowledge and experience in financial and business matters that such Guarantor is capable of evaluating the merits and risks of his or her investment and has the financial ability to assume the monetary risk associated therewith; (b) is able to bear the complete loss of his or her investment; (c) has received such documents and information from the TERA or DNA-CS DNA as such Guarantor has requested and has had the opportunity to ask questions of, and receive answers from, the TERA and DNA-CS DNA and the terms and conditions of the offering of the Warrants and the Common Stock to be issued pursuant to the Conversion Rights and the Warrants and to obtain additional information; (d) is an “accredited investor” as defined in Rule 501(a) of Regulation D promulgated under the 1933 Act; and (e) is not relying upon any statements or instruments made or issued by any person other than the TERA or DNA-CS DNA in making a decision to invest in the Shares.