Common use of Xxxxx Purchases Clause in Contracts

Xxxxx Purchases. The Company acknowledges and agrees that Xxxxx has informed the Company that Xxxxx may, to the extent permitted under the Securities Act and the Exchange Act, purchase and sell shares of Common Stock for its own account while this Agreement is in effect, provided, that the Company shall not be deemed to have authorized or consented to any such purchases or sales by Xxxxx. Any certificate signed by an officer of the Company and delivered to Xxxxx or to counsel for Xxxxx in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to Xxxxx as to the matters set forth therein. The Company acknowledges that Xxxxx and, for purposes of the opinions to be delivered pursuant to Section 7 hereof, counsel to the Company and counsel to Xxxxx, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.

Xxxxx Purchases. The Company acknowledges and agrees that Xxxxx has informed the Company that Xxxxx may, to the extent permitted under the Securities Act and the Exchange Act, purchase and sell shares of Common Stock for its own account while this Agreement is in effect, provided, that the Company ; this acknowledgment and agreement shall not be deemed to have authorized be an authorization or consented consent by the Company to any such purchases or sales by Xxxxx. Any certificate signed by an officer of the Company and delivered to Xxxxx or to counsel for Xxxxx in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, Company to Xxxxx as to the matters set forth therein. The Company acknowledges that Xxxxx and, for purposes of the opinions to be delivered pursuant to Section 7 hereof, counsel to the Company and counsel to Xxxxx, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.