Common use of The Investor Clause in Contracts

The Investor. (a) has relied on all of the Company's reports and filings since January 1, 1996 and the representations of the Company set forth in the Second Amended and Restated Loan Agreement between the Company, as Borrower and Investor, as Lender of even date herewith (the "Documents") under the United States Securities Exchange Act of 1934, as amended (the "1934 Act") and any other documents which may have been requested and has carefully read the Documents and understands and has evaluated the risks of a purchase of Preferred Stock, and has relied solely (except as indicated in subsections (b) and (c) below) on the information contained in the Documents; (b) has been provided an opportunity to obtain additional information concerning the Company and all other information to the extent the Company possesses such information or can acquire it without unreasonable effort or expense; (c) has been given the opportunity to ask questions of and receive answers from the Company concerning the terms and conditions of this investment, and has been given the opportunity to obtain such additional information necessary to verify the accuracy of the information contained in the Documents or that which was otherwise provided in order for the Investor to evaluate the merits and risks of purchase of the Preferred Stock to the extent the Company possesses such information or can acquire it without unreasonable efforts or expense, and has not been furnished any other offering literature or prospectus except as mentioned herein; (d) has not relied on any oral representation or oral information in connection with the offering of the Preferred Stock which is not contained in the Documents; and (e) has determined that the Preferred Stock is a suitable investment and that at the time of Closing the Investor could bear a complete loss of its investment;

The Investor. (a) has relied on all received copies of and has reviewed the Company's reports and SEC filings since January 1, 1996 and the representations of the Company set forth in the Second Amended and Restated Loan Agreement between the Company, as Borrower and Investor, as Lender of even date herewith (the "SEC Documents") under the United States Securities Exchange Act of 1934, as amended (the "1934 Act") and any other documents which may have been requested made available upon request and has carefully read the SEC Documents and understands and has evaluated the risks of a purchase of Preferred Stock, Units and has relied solely (except as indicated in subsections (b) and (c) ), below) on the information contained in the SEC Documents;. (b) has been provided an opportunity to obtain additional information concerning the offering, the Company and all other information to the extent the Company possesses such information or can acquire it without unreasonable effort or expense; (c) has been given the opportunity to ask questions of and receive answers from the Company concerning the terms and conditions of the offering and other matters pertaining to this investment, and has been given the opportunity to obtain such additional information necessary to verify the accuracy of the information contained in the SEC Documents or that which was otherwise provided in order for the Investor to evaluate the merits and risks of purchase of the Preferred Stock Units to the extent the Company possesses such information or can acquire it without unreasonable efforts or expense, and has not been furnished any other offering literature or prospectus except as mentioned herein; (d) has not relied on been furnished with any oral representation or oral information in connection with the offering of the Preferred Stock Units which is not contained in the SEC Documents; and (e) has determined that the Preferred Stock is Units are a suitable investment and that at the this time of Closing the Investor could bear a complete loss of its investment;

The Investor. (a) has relied on all of been furnished with the Company's reports and filings since January 1Report on Form 10-KSB for the year ended November 30, 1995, including the Company's Annual Report to Stockholders (which is annexed hereto as Exhibit C), the Company's Report on Form 10-QSB for the period ended February 28, 1996, (which is annexed hereto as Exhibit D) the Company's Proxy Statement dated April 26, 1996 (which is annexed hereto as Exhibit E) which together with Exhibits C and the representations of the Company set forth in the Second Amended and Restated Loan Agreement between the Company, D are referred to as Borrower and Investor, as Lender of even date herewith (the "Documents") under the United States Securities Exchange Act of 1934, as amended (the "1934 Act") and any other documents which may have been requested made available upon request, and has carefully read the Documents and understands and has evaluated the risks of a purchase of Preferred StockSecurities, and has relied solely (except as indicated in subsections (b) and (c) below) on the information contained in the Documents; (b) has been provided an opportunity to obtain additional information concerning the Company and all other information to the extent the Company possesses such information or can acquire it without unreasonable effort or expense; (c) has been given the opportunity to ask questions of and receive answers from the Company concerning the terms and conditions of this investment, and has been given the opportunity to obtain such additional information necessary to verify the accuracy of the information contained in the Documents or that which was otherwise provided in order for the Investor to evaluate the merits and risks of purchase of the Preferred Stock Securities to the extent the Company possesses such information or can acquire it without unreasonable efforts or expense, and has not been furnished any other offering literature or prospectus except as mentioned herein; (d) has not relied on been furnished with any oral representation or oral information in connection with the offering of the Preferred Stock Securities which is not contained in the Documents; and (e) has determined that the Preferred Stock is Securities are a suitable investment and that at the this time of Closing the Investor could bear a complete loss of its investment;

The Investor. (ai) has relied on all been furnished with a copy of the Company's reports and filings since January 1, 1996 and the representations of the Company set forth in the Second Amended and Restated Loan Agreement between the Company, as Borrower and Investor, as Lender of even date herewith (the "Documents") under the United States Securities Exchange Act of 1934, as amended (the "1934 Act") and any other documents which may have been requested and by the Investor, has carefully read such documents and acknowledges that any information provided to the Documents Investor by the Company reflects the Company’s current intentions and understands and has evaluated estimates at the risks current time, and, as with any developing company, the precise elements of a purchase of Preferred Stock, and has relied solely (except as indicated in subsections (b) and (c) below) on the information contained in the DocumentsCompany’s plans can be expected to change from time to time; (bii) has been provided an opportunity given access to obtain additional information concerning all material, public books and records of the Company and all other information material, public contracts and documents relating to the extent offering of the Company possesses such information or can acquire it without unreasonable effort or expense; (c) has been given Shares and afforded the opportunity to ask questions of and receive answers from the Company concerning the terms and conditions of this investment, the offering of the Shares and has been given the opportunity to obtain such additional information necessary to verify the accuracy of the information contained in the Documents or that which was otherwise provided in order for the Investor to evaluate the merits and risks of purchase of an investment in the Preferred Stock Shares to the extent the Company possesses such publicly available information or can acquire it without unreasonable efforts effort or expense, and has not been furnished any other offering literature or prospectus except as mentioned herein; (diii) has not relied evaluated and understands the risks associated with an investment in the Company and has carefully read and understands the Investment Considerations and Risk Factors set forth in the Company’s Current Report on Form 8-K, as filed with the Securities and Exchange Commission on July 10, 2013 and as subsequently amended; (iv) understands that the information contained in the documents furnished to Investor is confidential and non-public and agrees that all such information shall be kept in confidence by the Investor and neither used by the Investor for any oral representation or oral information purpose other than in connection with the offering evaluation and purchase of the Preferred Stock which is not contained Shares nor disclosed to any third party for any reason (other than in connection with the evaluation and purchase of the Shares); (v) has consulted to the extent deemed appropriate by the Investor with the Investor’s own advisers as to the tax, legal, and related matters concerning an investment in the Documents; and (e) Shares and on that basis has determined that an investment in the Preferred Stock Shares is a suitable investment and appropriate for the Investor and that at the this time of Closing the Investor could bear a complete loss of Investor’s investment; and (vi) such Investor confirms that it has not relied on the advice of any other Investor’s business and/or legal counsel in making such decision. Such Investor has not relied on the business or legal advice of any placement agent for the Shares (a “Placement Agent”) or any of its investment;agents, counsel or affiliates in making its investment decision hereunder, and confirms that none of such persons has made any representations or warranties to such Investor in connection with the transactions contemplated by this Agreement.

The Investor. (a) has relied on all of been furnished with the Company's Report on Form 10-K for the year ended November 30, 2003, including the Company's Annual Report to Stockholders, the Company's quarterly reports on Form 10-Q for the quarters ended February 29, 2004, May 31, 2004 and filings since January 1August 31, 1996 2004, the Company's Proxy Statement dated May 24, 2004, and the representations of the Company set forth in the Second Amended Company's Current Reports on Form 8-K dated February, 25, 2004, April 13, 2004 and Restated Loan Agreement between the CompanyJune 25, 2004 (which are referred to as Borrower and Investor, as Lender of even date herewith (the "Documents") under the United States Securities Exchange Act of 1934, as amended (the "1934 Act") and any other documents which may have been requested made available upon request, and has carefully read the Documents and understands and has evaluated the risks of a purchase of Preferred StockShares, and has relied solely (except as indicated in subsections (b) and (c) below) on the information contained in the Documents; (b) has been provided an opportunity to obtain additional information concerning the Company and all other information to the extent the Company possesses such information or can acquire it without unreasonable effort or expense; (c) has been given the opportunity to ask questions of and receive answers from the Company concerning the terms and conditions of this investment, and has been given the opportunity to obtain such additional information necessary to verify the accuracy of the information contained in the Documents or that which was otherwise provided in order for the Investor to evaluate the merits and risks of purchase of the Preferred Stock Shares to the extent the Company possesses such information or can acquire it without unreasonable efforts or expense, and has not been furnished any other offering literature or prospectus except as mentioned herein; (d) has not relied on been furnished with any oral representation or oral information in connection with the offering of the Preferred Stock Shares which is not contained in the Documents; and (e) has determined that the Preferred Stock is Shares are a suitable investment and that at the this time of Closing the Investor could bear a complete loss of its investment;