Common use of Representations, Warranties and Other Covenants of Investor Clause in Contracts

Representations, Warranties and Other Covenants of Investor. Each Investor, as to itself and not with respect to any other Investor, hereby represents, warrants and covenants to the Company as follows: (a) Such Investor has all requisite power, legal capacity and authority to enter into this Agreement. This Agreement has been duly executed and delivered by Investor and, assuming the due authorization, execution and delivery of this Agreement by the Company, constitutes a valid and binding obligation of Investor, enforceable against Investor in accordance with its terms, except as limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, and other laws of general application affecting enforcement of creditors’ rights generally, and (b) laws relating to the availability of specific performance, injunctive relief or other equitable remedies. (b) The execution, delivery and performance of this Agreement by such Investor will not (i) conflict with, require a consent, waiver or approval under, or result in a breach of or default under, any of the terms of any agreement to which Investor is a party or by which any of such Investor’s assets are bound or (ii) violate any order, writ, injunction, decree, judgment or any applicable law applicable to such Investor or any of its assets, except for any such conflict, violation or any failure to obtain such consent, waiver or approval that would not result in such Investor being able to perform its obligations under this Agreement. (c) Such Investor shall not, directly or indirectly, take any action that would make any representation or warranty contained herein untrue or incorrect in any material respects or in any way have the effect of restricting, limiting, interfering with, preventing or disabling such Investor from performing his, her or its obligations in any material respects under this Agreement.

Representations, Warranties and Other Covenants of Investor. Each Investor, as to itself and not with respect to any other Investor, The Investor hereby represents, warrants and covenants to the Company as follows: (a) Such The Investor has all requisite power, legal capacity and authority to enter into this Agreement. This Agreement has been duly executed and delivered by the Investor and, assuming the due authorization, execution and delivery of this Agreement by the Company, constitutes a valid and binding obligation of the Investor, enforceable against the Investor in accordance with its terms, except as limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, and other laws of general application affecting enforcement of creditors’ rights generally, and (b) laws relating to the availability of specific performance, injunctive relief or other equitable remedies. (b) The execution, delivery and performance of this Agreement by such the Investor will not (i) conflict with, require a consent, waiver or approval under, or result in a breach of or default under, any of the terms of any agreement to which the Investor is a party or by which any of such the Investor’s assets are bound or (ii) violate any order, writ, injunction, decree, judgment or any applicable law applicable to such the Investor or any of its assets, except for any such conflict, violation or any failure to obtain such consent, waiver or approval that would not result in such the Investor being able to perform its obligations under this Agreement. (c) Such The Investor shall not, directly or indirectly, take any action that would make any representation or warranty contained herein untrue or incorrect in any material respects or in any way have the effect of restricting, limiting, interfering with, preventing or disabling such the Investor from performing his, her or its obligations in any material respects under this Agreement.