Common use of Statements and Other Documents Not Misleading Clause in Contracts

Statements and Other Documents Not Misleading. No provisions in the Transaction Documents relating to the Company or any other document, schedule, exhibit or other information furnished by the Company to the Investor in connection with the execution, delivery and performance of the Transaction Documents, or the consummation of the transactions contemplated hereby and thereby, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact required to be stated in order to make the statement, in light of the circumstances in which it is made, not misleading.

Statements and Other Documents Not Misleading. No provisions in the Transaction Documents relating to the Company or any other document, schedule, exhibit or other information furnished by the Company to the Investor in connection with the execution, delivery and performance of the Transaction Documents, or the consummation of the transactions contemplated hereby and thereby, when taken together as a whole with all other such statements, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact required to be stated in order to make the statement, in light of the circumstances in which it is made, not misleading.