Common use of Investment Clause in Contracts

Investment. The Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares have not been registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained herein.

Investment. The Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agent, account and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser It understands that the Shares have not been registered under the Securities Act by reason of a specific exemption from specified exemptions form the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained hereinAct.

Investment. The Purchaser Buyer is acquiring the Shares only for investment for its in Buyer's own account, not as a nominee or agent, agent and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser Buyer understands that the sale of the Shares have has not been registered under the Securities Act of 1933, as amended (the "Act"), by reason of a specific exemption from the registration provisions of the Securities Act which that depends upon, among other things, the bona fide nature of the Buyer's investment intent and the accuracy of the PurchaserBuyer's representations and warranties contained as expressed herein.

Investment. The Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares have not been registered under the Securities Act by reason of a specific and are being issued pursuant to an exemption from the registration provisions requirements of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained hereinAct.

Investment. The Purchaser is acquiring the Shares for investment ---------- investment, for its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereofdistribution. The Purchaser understands that the Shares have not been been, and will not be (except as contemplated in the Amended Registration Rights Agreement) registered under the Securities Act or applicable state or other securities laws by reason of a specific exemption from the registration provisions of the Securities Act and applicable state and other securities laws which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser is acquiring the Warrant and the Warrant Shares for investment for its own account, not as a nominee or agent, account for investment and not with a view to, or for resale sale in connection with, any distribution thereof, nor with any present intention of distributing or selling the same. The Purchaser understands that the Warrant and the Warrant Shares have not been registered under the Securities Act by reason of a specific exemption or qualified under any applicable state securities laws in reliance upon exemptions from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained hereinsuch requirements.

Investment. The Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agent, and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares to be purchased have not been been, and will not be, registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act Act, the availability of which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agentaccount for investment purposes, and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser understands thereof that would require the issuance of the Shares have not been pursuant to this Agreement to be registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained hereinAct.

Investment. The Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agent, account and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser understands parties stipulate that the Shares Shares, and the shares of Common Stock issuable under the Warrant Agreements have not been registered under the Securities Act by reason of a specific an exemption from the registration provisions of the Securities Act which that depends upon, among other things, the bona fide nature of the its investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser PURCHASER is acquiring the Shares for investment for its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereof. The Purchaser PURCHASER understands that the Shares have not been registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the PurchaserPURCHASER's representations and warranties contained herein.

Investment. The Purchaser Buyer is acquiring the Shares for investment for its own account, not as a nominee account (or agent, for the account of one of its Subsidiaries) and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser It understands that the Shares have not been and, subject to the terms of this Agreement, will not be registered under the Securities Act by reason of a specific specified exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the its investment intent and the accuracy of the Purchaser's representations and warranties contained as express herein.

Investment. The Purchaser Buyer is acquiring the Shares for investment for its own ---------- account, not as a nominee or agent, and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser It understands that the Shares have not been and will not be registered under the Securities Act by reason of a specific exemption exemptions from the registration provisions of the Securities Act and California law, the availability of which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchasersuch Buyer's representations as expressed herein and warranties contained hereinin the Subscription Agreement.

Investment. The Purchaser is acquiring the Shares for investment for ---------- its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares have not been registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained herein.

Investment. The Purchaser Buyer is acquiring the Shares for investment for its own account, not as a nominee or agent, account and not with a view toto selling, distributing or for resale transferring the Shares in connection with, any distribution thereofviolation of the registration requirements of the Act or applicable state securities laws. The Purchaser Buyer understands that the Shares have not been registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser is acquiring the Shares Equity Interest for investment for its own account, not as a nominee or agent, account and not with a the view to, or for resale in connection with, any distribution thereof. The Such Purchaser understands that the Shares have Equity Interest to be purchased has not been registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser is acquiring the Shares for investment for its the Purchaser's own account, not as a nominee or agent, and not with a the view to, to or for resale in connection with, with any distribution thereof. The Purchaser understands that the offer and sale of the Shares have not been been, and will not be, registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares have not been registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's ’s representations and warranties contained herein.

Investment. The Purchaser is acquiring the Shares for investment ---------- for its own account, not as a nominee or agent, and not with a the view to, or for resale in connection with, any distribution thereofthereof or with any present intention of distributing or selling the Shares. The Purchaser understands that the Shares have will not been be registered under the Securities Act Act, by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the Purchaser's investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser is acquiring the Shares for investment ---------- investment, for its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereofdistribution. The Purchaser understands that the Shares have not been been, and will not be (except as contemplated in the Registration Rights Agreement) registered under the Securities Act or applicable state or other securities laws by reason of a specific exemption from the registration provisions of the Securities Act and applicable state and other securities laws which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser is acquiring the Purchased Shares for investment for its Purchaser's own account, not as a nominee or agent, and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Purchased Shares have not been been, and will not be, registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upontherefrom, and that any such exemption would depend, among other things, upon the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained hereinas expressed in this Agreement.

Investment. The Purchaser is acquiring the Shares and the Warrant for investment for its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares and the Warrant have not been registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained herein.

Investment. The Purchaser is acquiring the Shares for investment for its the Purchaser's own account, not as a nominee or agent, and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares have not been been, and will not be when issued, registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act Act, the availability of which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Such Purchaser is acquiring the Shares for investment ---------- for its own account, not as a nominee or agent, account and not with a view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares have not been registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, accuracy of the Purchaser's representations herein and the bona fide nature of the Purchaser's investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereofthereof except in compliance with applicable securities laws. The Purchaser understands that the Shares have not been registered under the Securities Act by reason of a specific and are being sold pursuant to an exemption from the registration provisions requirements of the Securities Act which depends upon, among other things, Act. The Purchaser is an “accredited investor” as defined in Regulation D promulgated by the bona fide nature of Securities and Exchange Commission under the investment intent and the accuracy of the Purchaser's representations and warranties contained hereinSecurities Act.

Investment. The Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agent, account and not with a view to, or for resale in connection with, any distribution thereof, and it has no present intention of selling or distributing the Shares or the Underlying Stock. The Purchaser understands that the Shares (and the Underlying Stock) to be purchased by it have not been registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser Investor is acquiring the Shares for investment for its own account, not as a nominee or agent, and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser Investor understands that the Shares have not been and will not be, registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act Act, the availability of which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the PurchaserInvestor's representations and warranties contained as expressed herein.

Investment. The Purchaser is acquiring the Shares for investment Interests for its own account, not as a nominee account for investment purposes and without any view to the sale or agent, and not with a view to, or for resale distribution thereof in connection with, any distribution thereofcontravention of securities Laws. The Purchaser understands that the Shares have sale of the Interests has not been registered under the Securities Act by reason of a specific and therefore the Interests cannot be resold unless registered thereunder or unless an exemption from the such registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained hereinis available.

Investment. The Purchaser is acquiring the Shares for investment for its his own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereofhereof. The Purchaser understands that the Shares have not been registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained herein.

Investment. The Such Purchaser is acquiring the Shares for as an investment for its own account, not as a nominee or agent, and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser It understands that the Shares have not been and will not be registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act Act, the availability of which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the such Purchaser's representations as expressed herein and warranties contained hereinin response to the Company's inquiries.

Investment. The Such Purchaser is acquiring the Shares for investment ---------- for its own account, not as a nominee or agent, account and not with a view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares have not been registered under the Securities Act or under the securities laws of any State, by reason of a specific exemption exemptions from the registration provisions of the Securities Act and such state laws which depends depend upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations herein and warranties contained the bona fide nature of the Purchaser's investment intent as expressed herein.

Investment. The Purchaser is acquiring the Shares for investment for ---------- its own account, not as a nominee or agent, account and not with a view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares have not been registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the Purchaser's investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser Buyer is acquiring the Shares for investment for its own account, not as a nominee or agent, and not with a the view to, or for resale in connection with, any distribution thereof. The Purchaser It understands that the Shares have not been and will not be registered under the Securities Act by reason of a specific exemption exemptions from the registration provisions of the Securities Act and California law, the availability of which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchasersuch Buyer's representations as expressed herein and warranties contained hereinin the Subscription Agreement.

Investment. The Such Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereof. The Such Purchaser understands that the Shares have not been registered under the Securities Act by reason of a specific and are being issued pursuant to an exemption from the registration provisions requirements of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained hereinAct.

Investment. The Purchaser is acquiring the Shares for investment for its ---------- the Purchaser's own account, not as a nominee or agent, and not with a the view to, to or for resale in connection with, with any distribution thereof. The Purchaser understands that the offer and sale of the Shares have not been been, and will not be, registered under the Securities Act by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained as expressed herein.

Investment. The Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares have not been registered under the Securities Act by reason of a specific and are issued pursuant to an exemption from the registration provisions requirements of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained hereinAct.

Investment. The Purchaser is acquiring the Shares for investment for its own account, not as a nominee or agent, and not with a view to, or for resale in connection with, any distribution thereof. The Purchaser understands that the Shares have not been registered under the Securities Act and are issued by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of the investment intent and the accuracy of the Purchaser's representations and warranties contained herein.