Common use of Company Reliance Clause in Contracts

Company Reliance. The Buyer understands that (1) the Preferred Shares are being offered and sold and the Warrant is being issued to the Buyer; (2) upon conversion of the Preferred Shares, the Conversion Shares issued upon such conversions will be issued to the Buyer; and (3) upon exercise of the Warrant, the Warrant Shares issued upon such exercise will be issued to the Buyer, in each such case in reliance on one or more exemptions from the registration requirements of the 1933 Act, including, without limitation, Regulation D, and exemptions from state securities laws and that the Company is relying upon the truth and accuracy of, and the Buyer’s compliance with, the representations, warranties, agreements, acknowledgments and understandings of the Buyer set forth herein and in the Questionnaire, a true and accurate copy of which has been delivered by the Buyer to the Company, in order to determine the availability of such exemptions and the eligibility of the Buyer to acquire or receive an offer to acquire the Securities; and the information with respect to the Buyer set forth in the Questionnaire is accurate and complete in all material respects;

Company Reliance. The Buyer understands that (1) the Preferred Shares are Note is being offered and sold and the Warrant is Warrants are being issued to the Buyer; , (2) upon conversion of the Preferred Shares are being offered to the Buyer, (3) the Interest Shares, the Conversion Shares issued upon such conversions if any, will be issued to the Buyer; Buyer and (34) upon exercise of the WarrantWarrants, the Warrant Shares issued upon such exercise will be issued sold to the Buyer, in each such case in reliance on one or more exemptions from the registration requirements of the 1933 Act, including, without limitation, Regulation D, and exemptions from state securities laws and that the Company is relying upon the truth and accuracy of, and the Buyer’s 's compliance with, the representations, warranties, agreements, acknowledgments and understandings of the Buyer set forth herein and in the Questionnaire, a true and accurate copy of which has been delivered by the Buyer to the Company, in order to determine the availability of such exemptions and the eligibility of the Buyer to acquire or receive an offer to acquire the Securities; and the information with respect to the Buyer set forth in the Questionnaire is accurate and complete in all material respects;

Company Reliance. The Buyer understands that (1) the Preferred Shares are Note is being offered and sold and the Warrant is Warrants are being issued to the Buyer; , (2) the Shares and the Final Maturity Note are being offered to the Buyer, (3) upon conversion of the Preferred SharesNote, the Conversion Shares issued upon such conversions will be issued to the Buyer; , (4) the Interest Shares will be issued to the Buyer and (35) upon exercise of the WarrantWarrants, the Warrant Shares issued upon such exercise will be issued sold to the Buyer, in each such case in reliance on one or more exemptions from the registration requirements of the 1933 Act, including, without limitation, Regulation D, and exemptions from state securities laws and that the Company is relying upon the truth and accuracy of, and the Buyer’s 's compliance with, the representations, warranties, agreements, acknowledgments and understandings of the Buyer set forth herein and in the Questionnaire, a true and accurate copy of which has been delivered by the Buyer to the Company, in order to determine the availability of such exemptions and the eligibility of the Buyer to acquire or receive an offer to acquire the Securities; and the information with respect to the Buyer set forth in the Questionnaire is accurate and complete in all material respects;