Common use of Transactional Exemption Clause in Contracts

Transactional Exemption. Investor understands that the February Warrant Shares, Warrant and Warrant Shares are being offered and sold in reliance on a transactional exemption from the registration requirements of Federal and state securities laws and that the Company is relying upon the truth and accuracy of the representations, warranties, agreements, acknowledgments and understandings of Investor set forth herein in order to determine the applicability of such exemptions and the suitability of Investor to acquire the February Warrant Shares, Warrant and Warrant Shares.

Transactional Exemption. Investor understands that the February Shares, Exercised March Warrant Shares, Warrant and Warrant Shares are being offered and sold in reliance on a transactional exemption from the registration requirements of Federal and state securities laws and that the Company is relying upon the truth and accuracy of the representations, warranties, agreements, acknowledgments and understandings of Investor set forth herein in order to determine the applicability of such exemptions and the suitability of Investor to acquire the February Shares, Exercised March Warrant Shares, Warrant and Warrant Shares.