Common use of Suitability and Sophistication Clause in Contracts

Suitability and Sophistication. The Investor has (i) such knowledge and experience in financial and business matters that it is capable of independently evaluating the risks and merits of purchasing the Shares it is purchasing; (ii) independently evaluated the risks and merits of purchasing such Shares and has independently determined that the Shares are a suitable investment for it; and (iii) sufficient financial resources to bear the loss of its entire investment in such Shares. The Investor has had an opportunity to review: the Company’s annual report on Form 10-K for the year ended December 31, 2010, the Company’s quarterly reports on Form 10-Q for the periods ended March 31, 2011, June 30, 2011 and September 30, 2011, the Company’s current reports on Form 8-K filed with the SEC on April 7, 2011, April 8, 2011, April 21, 2011 and April 28, 2011, and other filings made by the Company under Section 13(a) of the 1934 Act since September 20, 2009 (the “SEC Filings”).

Suitability and Sophistication. The Investor has (i) such knowledge and experience in financial and business matters that it is capable of independently evaluating the risks and merits of purchasing the Shares it is purchasing; (ii) independently evaluated the risks and merits of purchasing such Shares and has independently determined that the Shares are a suitable investment for it; and (iii) sufficient financial resources to bear the loss of its entire investment in such Shares. The Investor has had an opportunity to review: the Company’s annual report on Form 10-K for the year ended December 31, 20102011, the Company’s quarterly reports on Form 10-Q for the periods ended March 31, 20112012, June 30, 2011 2012 and September 30, 20112012, the Company’s current reports on Form 8-K filed with the SEC on April January 5, 2012, February 29, 2012, May 14, 2012, September 7, 20112012, April 8September 27, 20112012, April 21October 18, 2011 2012, January 11, 2013 and April 28March 13, 2011, 2013 and other filings made by the Company under Section 13(a) of the 1934 Act since September 20, 2009 (the “SEC Filings”).

Suitability and Sophistication. The Investor has (i) such knowledge and experience in financial and business matters that it is capable of independently evaluating the risks and merits of purchasing the Shares it is purchasing; (ii) independently evaluated the risks and merits of purchasing such Shares and has independently determined that the Shares are a suitable investment for it; and (iii) sufficient financial resources to bear the loss of its entire investment in such Shares. The Investor has had an opportunity to review: the Company’s annual report Annual Report on Form 10-K for the year ended December 31, 2010, 2006 and the Company’s quarterly reports on Form 10-Q for the periods ended March 31, 2011, 2007 and June 30, 2011 and September 30, 2011, the Company’s current reports on Form 8-K filed with the SEC on April 7, 2011, April 8, 2011, April 21, 2011 and April 28, 2011, 2007 and other filings made by the Company under Section 13(a) of the 1934 Exchange Act since September 20January 1, 2009 2004 or such later time as the Company commenced such filings (the “SEC Filings”).

Suitability and Sophistication. The Investor has (i) such knowledge and experience in financial and business matters that it is capable of independently evaluating the risks and merits of purchasing the Shares it is purchasing; (ii) independently evaluated the risks and merits of purchasing such Shares and has independently determined that the Shares are a suitable investment for it; and (iii) sufficient financial resources to bear the loss of its entire investment in such Shares. The Investor has had an opportunity to review: the Company’s annual report on Form 10-K for the year ended December 31, 2010, the Company’s quarterly reports on Form 10-Q for the periods ended March 31, 20112010, June 30, 2011 2010 and September 30, 20112010, the Company’s current reports on Form 8-K filed with the SEC on April 7January 11, 20112010, April 8January 29, 20112010, April 21February 5, 2011 2010 and April 2814, 20112010, and other filings made by the Company under Section 13(a) of the 1934 Act since September 20, 2009 (the “SEC Filings”).

Suitability and Sophistication. The Investor has (i) such knowledge and experience in financial and business matters that it is capable of independently evaluating the risks and merits of purchasing the Shares it is purchasing; (ii) independently evaluated the risks and merits of purchasing such Shares and has independently determined that the Shares are a suitable investment for it; and (iii) sufficient financial resources to bear the loss of its entire investment in such Shares. The Investor has had an opportunity to review: the Company’s annual report Annual Report on Form 10-K for the year ended December 31, 20102008, the Company’s quarterly reports on Form 10-Q for the periods ended March 31, 2011, 2009 and June 30, 2011 and September 30, 20112009, the Company’s current reports report on Form 8-K filed with the SEC on April 7July 14, 2011, April 8, 2011, April 21, 2011 and April 28, 2011, 2009 and other filings made by the Company under Section 13(a) of the 1934 Act since September 20July 7, 2009 2008 (the “SEC Filings”).