Common use of Accredited Investor or Qualified Institutional Buyer Clause in Contracts

Accredited Investor or Qualified Institutional Buyer. The Holder is both (a) an “accredited investor” within the meaning of Rule 501(a)(1), (2), (3), (7) and (8) of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), and (b) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act; and is acquiring the New Notes hereunder for investment for its own respective account and not with a view to, or for resale in connection with, any distribution thereof in a manner that would violate the registration requirements of the Securities Act.

Accredited Investor or Qualified Institutional Buyer. The Holder is both either (a) an “accredited investor” within the meaning of Rule 501(a)(1), (2), (3), (7) and (8) of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), and or (b) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act; and and, in each case, is acquiring the New Notes Shares hereunder for investment for its own respective account and not with a view to, or for resale in connection with, any distribution thereof in a manner that would violate the registration requirements of the Securities Act.

Accredited Investor or Qualified Institutional Buyer. The Each Holder is both (a) (i) an “accredited investor” within the meaning of Rule 501(a)(1), (2), (3), ) or (7) and (8) of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), and and/or (bii) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act; Act and (b) is acquiring the New Notes hereunder for investment for its own respective account and not with a view to, or for resale in connection with, any distribution thereof in a manner that would violate the registration requirements of the Securities ActAct or of any state or other jurisdiction.

Accredited Investor or Qualified Institutional Buyer. The Holder is both either (ai) an “accredited investor” within the meaning of Rule 501(a)(1), (2), (3), (7) and (8) 501 of Regulation D (“Regulation D”) promulgated under the Securities Act of 1933, as amended (the “Securities Act”), and or (bii) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act; and and, in each case is acquiring the New Notes and/or New Shares hereunder for investment for its own respective account and not with a view to, or for resale in connection with, any distribution thereof in a manner that would violate the registration requirements of the Securities Act.

Accredited Investor or Qualified Institutional Buyer. The Holder is both (a) (i) an “accredited investor” within the meaning of Rule 501(a)(1), (2), (3), ) and (7) and (8) of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), and and/or (bii) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act; Act and (b) is acquiring the New Notes Note hereunder for investment for its own respective account and not with a view to, or for resale in connection with, any distribution thereof in a manner that would violate the registration requirements of the Securities ActAct or any state or other jurisdiction.

Accredited Investor or Qualified Institutional Buyer. The Each Holder is both (a) an “accredited investor” within the meaning of Rule 501(a)(1), (2), (3), (7) and (8) of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), and (b) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act; and is acquiring the New Notes hereunder for investment for its own respective account and not with a view to, or for resale in connection with, any distribution thereof in a manner that would violate the registration requirements of the Securities Act.

Accredited Investor or Qualified Institutional Buyer. The Each Holder is both (a) an “accredited investor” within the meaning of Rule 501(a)(1), (2), (3), (7) and (8) of Regulation D promulgated under the Securities Act of 1933, as amended (the “Securities Act”), and or (b) a “qualified institutional buyer” within the meaning of Rule 144A promulgated under the Securities Act; and . Each Holder is acquiring the New Notes hereunder for investment for its own respective account and not with a view to, or for resale in connection with, any distribution thereof in a manner that would violate the registration requirements of the Securities Act.