Common use of Acquisition for Investment Clause in Contracts

Acquisition for Investment. Each Purchaser is acquiring the Notes and the Warrants solely for its own account for the purpose of investment and not with a view to or for sale in connection with distribution. Each Purchaser does not have a present intention to sell the Notes or the Warrants, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of the Notes or the Warrants to or through any person or entity; provided, however, that by making the representations herein, such Purchaser does not agree to hold the Notes or the Warrants for any minimum or other specific term and reserves the right to dispose of the Notes or the Warrants at any time in accordance with Federal and state securities laws applicable to such disposition. Each Purchaser acknowledges that it is able to bear the financial risks associated with an investment in the Notes and the Warrants and that it has been given full access to such records of the Company and the subsidiaries and to the officers of the Company and the subsidiaries and received such information as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's stage of development so as to be able to evaluate the risks and merits of its investment in the Company.

Acquisition for Investment. Each Such Purchaser is acquiring the Notes and the Warrants solely for its own account for the purpose of investment and not with a view to or for sale in connection with distribution. Each Such Purchaser does not have a present intention to sell the Notes or the WarrantsSecurities, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of the Notes or the Warrants Securities to or through any person or entity; providedPROVIDED, howeverHOWEVER, that by making the representations hereinherein and subject to Section 2.2(f) below, such Purchaser does not agree to hold the Notes or the Warrants Securities for any minimum or other specific term and reserves the right to dispose of the Notes or the Warrants Securities at any time in accordance with Federal and state securities laws applicable to such disposition. Each Such Purchaser acknowledges that it is able to bear the financial risks associated with an investment in the Notes and the Warrants Securities and that it has been given full access to such records of the Company and the subsidiaries and to the officers of the Company and the subsidiaries and received such information as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's stage of development so as to be able to evaluate the risks and merits of its investment in the Company.

Acquisition for Investment. Each Purchaser The Subscriber is acquiring the Notes and the Warrants Purchased Securities solely for its own account for the purpose of investment and not with a view to or for sale resale in connection with a distribution. Each Purchaser The Subscriber does not have a present intention to sell the Notes or the WarrantsPurchased Securities, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of the Notes or the Warrants Purchased Securities to or through any person or entity; provided, however, that by making the representations hereinherein and subject to Section 3.2(h) below, such Purchaser the Subscriber does not agree to hold the Notes or the Warrants Purchased Securities for any minimum or other specific term and reserves the right to dispose of the Notes or the Warrants Purchased Securities at any time in accordance with Federal and state securities laws applicable to such disposition. Each Purchaser The Subscriber acknowledges that it is able to bear the financial risks associated with an investment in the Notes and the Warrants Purchased Securities and that it has been given full access to such records of the Company and the subsidiaries and to the officers of the Company and the subsidiaries and received such information as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's ’s stage of development so as to be able to evaluate the risks and merits of its investment in the Company.

Acquisition for Investment. Each Purchaser is acquiring the Notes and the Warrants Securities solely for its own account for the purpose of investment and not with a view to or for sale in connection with distribution. Each Purchaser does not have a present intention to sell the Notes Securities or the WarrantsWarrant Shares, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of the Notes Securities or the Warrants Warrant Shares to or through any person or entity; provided, however, that by making the representations hereinherein and subject to Section 2.2(h) below, such the Purchaser does not agree to hold the Notes or the Warrants Shares for any minimum or other specific term and reserves the right to dispose of the Notes or Securities and the Warrants Warrant Shares at any time in accordance with Federal and state securities laws applicable to such disposition. Each Purchaser acknowledges that it is able to bear the financial risks associated with an investment in the Notes and the Warrants Securities and that it has been given full access to such records of the Company and the subsidiaries Subsidiaries and to the officers of the Company and the subsidiaries Subsidiaries and received such information as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's ’s stage of development so as to be able to evaluate the risks and merits of its investment in the Company.

Acquisition for Investment. Each Such Purchaser is acquiring the Notes Shares and the Warrants solely for its own account for the purpose of investment and not with a view to or for sale in connection with a distribution. Each Such Purchaser does not have a present intention to sell the Notes Shares or the Warrants, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of the Notes Shares or the Warrants to or through any person or entity; provided, however, that by making the representations herein, such Purchaser does not agree to hold the Notes Shares or the Warrants for any minimum or other specific term and reserves the right to dispose of the Notes Shares or the Warrants at any time in accordance with Federal federal and state securities laws applicable to such disposition. Each Purchaser acknowledges that it is able to bear the financial risks associated with an investment in the Notes shares of Common Stock and the Warrants and that it has been given full access to such records of the Company and the subsidiaries and to the officers of the Company and the subsidiaries and received such information as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's ’s stage of development so as to be able to evaluate the risks and merits of its investment in the Company.

Acquisition for Investment. Each Such Purchaser is acquiring purchasing the Notes and acquiring the Warrants solely for its own account for the purpose of investment and not with a view to or for sale in connection with distribution. Each the distribution thereof Such Purchaser does not have a present intention to sell any of the Notes or the WarrantsSecurities, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of any of the Notes or the Warrants Securities to or through any person or entityPerson; provided, however, that by making the representations hereinherein and subject to Section 2.2(e) below, such Purchaser does not agree to hold any of the Notes or the Warrants Securities for any minimum or other specific term and reserves the right to pledge any of the Securities for margin purposes and/or to dispose of any of the Notes or the Warrants Securities at any time in accordance with Federal federal and state securities laws applicable to such disposition. Each Such Purchaser acknowledges that it (i) has such knowledge and experience in financial and business matters such that such Purchaser is capable of evaluating the merits and risks of its investment in the Company, (ii) is able to bear the financial risks associated with an investment in the Notes Securities, and the Warrants and that it (iii) has been given full access to such records of the Company and the subsidiaries Subsidiaries and to the officers of the Company and the subsidiaries and received such information Subsidiaries as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's stage of development so as to be able to evaluate the risks and merits of its investment in the Companyinvestigation.

Acquisition for Investment. Each Purchaser is acquiring the Notes and the Warrants Series A Preferred Stock solely for its own account for the purpose of investment and not with a view to or for sale in connection with distribution. Each Purchaser does not have a present intention to sell the Notes or the WarrantsSeries A Preferred Stock, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of the Notes or the Warrants Series A Preferred Stock to or through any person or entity; provided, however, that by making the representations hereinherein and subject to Section 2.2(h) below, such Purchaser does not agree to hold the Notes or the Warrants Shares for any minimum or other specific term and reserves the right to dispose of the Notes or the Warrants Shares at any time in accordance with Federal and state securities laws applicable to such disposition. Each Purchaser acknowledges that it is able to bear the financial risks associated with an investment in the Notes and the Warrants Series A Preferred Stock and that it has been given full access to such records of the Company and the subsidiaries and to the officers of the Company and the subsidiaries and received such information as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's ’s stage of development so as to be able to evaluate the risks and merits of its investment in the Company.

Acquisition for Investment. Each The Purchaser is purchasing the Note -------------------------- and acquiring the Notes and the Warrants Warrant solely for its own account for the purpose of investment and not with a view to or for sale in connection with distribution. Each The Purchaser does not have a present intention to sell any of the Notes or the WarrantsSecurities, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of any of the Notes or the Warrants Securities to or through any person or entity; provided, however, that by making the representations hereinherein and subject -------- ------- to Section 2.2(f) below, such the Purchaser does not agree to hold any of the Notes or the Warrants Securities for any minimum or other specific term and reserves the right to dispose of any of the Notes or the Warrants Securities at any time in accordance with Federal federal and state securities laws applicable to such disposition. Each The Purchaser acknowledges that it (i) has such knowledge and experience in financial and business matters such that Purchaser is capable of evaluating the merits and risks of Purchaser's investment in the Company and is (ii) able to bear the financial risks associated with an investment in the Notes Securities and the Warrants and (iii) that it has been given full access to such records of the Company and the subsidiaries Subsidiaries and to the officers of the Company and the subsidiaries and received such information Subsidiaries as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's stage of development so as to be able to evaluate the risks and merits of its investment in the Companyinvestigation.

Acquisition for Investment. Each The Purchaser is acquiring the Notes and the Warrants Securities solely for its own account for the purpose of investment and not with a view to or for sale in connection with distributiondistribution in violation of applicable securities laws. Each The Purchaser does not have a present intention to sell the Notes or the WarrantsSecurities, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of the Notes or the Warrants Securities to or through any person or entityentity in violation of applicable securities laws; provided, however, that by making the representations herein, such the Purchaser does not agree to hold the Notes or the Warrants Securities for any minimum or other specific term and reserves the right to dispose of the Notes or the Warrants Securities at any time in accordance with Federal and state securities laws applicable to such disposition. Each The Purchaser acknowledges that it is able to bear the financial risks associated with an investment in the Notes and the Warrants Securities and that it has been given full access to such records of the Company and the subsidiaries Subsidiaries and to the officers of the Company and the subsidiaries Subsidiaries and received such information as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's ’s stage of development so as to be able to evaluate the risks and merits of its investment in the Company.

Acquisition for Investment. Each Purchaser is acquiring the Notes and the Warrants Series D Preferred Shares solely for its own account for the purpose of investment and not with a view to or for sale in connection with distribution. Each Purchaser does not have a present intention to sell the Notes or the WarrantsSeries D Preferred Shares, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of the Notes or the Warrants Series D Preferred Shares to or through any person or entity; provided, however, that by making the representations hereinherein and subject to Section 2.2(h) below, such Purchaser does not agree to hold the Notes or the Warrants Shares for any minimum or other specific term and reserves the right to dispose of the Notes or the Warrants Shares at any time in accordance with Federal and state securities laws applicable to such disposition. Each Purchaser acknowledges that it is able to bear the financial risks associated with an investment in the Notes and the Warrants Series D Preferred Shares and that it has been given full access to such records of the Company and the subsidiaries and to the officers of the Company and the subsidiaries and received such information as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's ’s stage of development so as to be able to evaluate the risks and merits of its investment in the Company.

Acquisition for Investment. Each Purchaser is acquiring the Notes Securities and the Warrants solely for its own account for the purpose of investment and not with a view to or for sale in connection with distribution. Each Purchaser does not have a present intention to sell the Notes or the WarrantsSecurities, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of the Notes or the Warrants Securities to or through any person or entity; provided, however, that by making the representations hereinherein and subject to Section 2.2(h) below, such Purchaser does not agree to hold the Notes or the Warrants Securities for any minimum or other specific term and reserves the right to dispose of the Notes Securities or the Warrants at any time in accordance with Federal and state securities laws applicable to such disposition. Each Purchaser acknowledges that it is able to bear the financial risks associated with an investment in the Notes and the Warrants Securities and that it has been given full access to such records of the Company and the subsidiaries and to the officers of the Company and the subsidiaries and received such information as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's stage of development so as to be able to evaluate the risks and merits of its investment in the Company.

Acquisition for Investment. Each Purchaser The Lender is acquiring purchasing the Notes and the Warrants Securities that are being sold or issued to it hereunder solely for its own account for the purpose of investment and not with a view to or for sale in connection with distribution. Each Purchaser does not have a The Lender has no present intention to sell any of the Notes Securities that are being sold or the Warrantsissued to it hereunder, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of any of the Notes or the Warrants Securities that are being sold to it hereunder to or through any person or entity; provided, however, that by making the representations herein, such Purchaser the Lender does not agree to hold the Notes Securities that are being sold or the Warrants issued to it hereunder for any minimum or other specific term and reserves the right to dispose of the Notes or the Warrants such Securities at any time in accordance with Federal federal and state securities laws applicable to such disposition. Each Purchaser The Lender acknowledges that it (i) has such knowledge and experience in financial and business matters such that it is capable of evaluating the merits and risks of its investment in the Company, (ii) is able to bear the financial risks associated with an investment in the Notes Securities that are being sold to it hereunder, and the Warrants and that it (iii) has been given full access to such records of the Company and the subsidiaries Subsidiaries and to the officers of the Company and the subsidiaries and received such information Subsidiaries as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's stage of development so as to be able to evaluate the risks and merits of its investment in the Companyinvestigation.

Acquisition for Investment. Each Purchaser The Subscriber is acquiring the Notes and the Warrants Purchased Shares solely for its own account for the purpose of investment and not with a view to or for sale in connection with distribution. Each Purchaser The Subscriber does not have a present intention to sell the Notes or the WarrantsPurchased Shares, nor a present arrangement (whether or not legally binding) or intention to effect any distribution of the Notes or the Warrants Purchased Shares to or through any person or entity; provided, however, that by making the representations hereinherein and subject to Section 2.2(h) below, such Purchaser the Subscriber does not agree to hold the Notes or the Warrants Purchased Shares for any minimum or other specific term and reserves the right to dispose of the Notes or the Warrants Purchased Shares at any time in accordance with Federal and state securities laws applicable to such disposition. Each Purchaser The Subscriber acknowledges that it is able to bear the financial risks associated with an investment in the Notes and the Warrants Purchased Shares and that it has been given full access to such records of the Company and the subsidiaries and to the officers of the Company and the subsidiaries and received such information as it has deemed necessary or appropriate to conduct its due diligence investigation and has sufficient knowledge and experience in investing in companies similar to the Company in terms of the Company's ’s stage of development so as to be able to evaluate the risks and merits of its investment in the Company. The Subscriber further acknowledges that the Subscriber understands the risks of investing in companies domiciled and/or which operate primarily in the People’s Republic of China and that the purchase of the Purchased Shares involves substantial risks.