Common use of Nature of Purchaser Clause in Contracts

Nature of Purchaser. (a) Such Purchaser represents and warrants to the Company that, (i) it is an “accredited investor” within the meaning of Rule 501 of Regulation D promulgated by the Commission pursuant to the Securities Act and (ii) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased Shares, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.

Nature of Purchaser. (a) Such Purchaser represents and warrants to the Company that, (ia) it is an “accredited investor” within the meaning of Rule 501 of Regulation D promulgated by the Commission pursuant to the Securities Act and (iib) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased Shares, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.

Nature of Purchaser. (a) Such Purchaser represents and warrants to to, and covenants and agrees with, the Company that, (ia) it is an institution that is an “accredited investor” within the meaning of as defined in Rule 501 of Regulation D promulgated by the Commission pursuant to 501(a)(1), (2), (3) or (7) under the Securities Act Act, and (iib) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased SharesSecurities, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment. Purchaser is not an entity formed for the specific purpose of acquiring the Securities.

Nature of Purchaser. (a) Such Purchaser represents and warrants to to, and covenants and agrees with, the Company that, that (ia) it is an “accredited investor” within the meaning of Rule 501 of Regulation D promulgated by the Commission pursuant to the Securities Act and (iib) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased SharesCommon Units, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.

Nature of Purchaser. (a) Such Each Purchaser represents and warrants to the Company to, and covenants and agrees with, HEP that, (i) it is an “accredited investor” within the meaning of Rule 501 501(a) of Regulation D promulgated by the Commission pursuant to the Securities Act and (ii) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased SharesUnits, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.

Nature of Purchaser. (a) Such The Purchaser represents and warrants to the Company to, and covenants and agrees with, AMID that, (ia) it is an “accredited investor” within the meaning of Rule 501 of Regulation D promulgated by the Commission pursuant to the Securities Act and (iib) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased SharesSecurities, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.

Nature of Purchaser. (a) Such Purchaser represents and warrants to the Company that, (i) it is an “accredited investor” within the meaning of Rule 501 of Regulation D promulgated by the Commission pursuant to the Securities Act and (ii) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased Shares, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investmentinvestments.

Nature of Purchaser. (a) Such The Purchaser represents and warrants to to, and covenants and agrees with, the Company that, (ia) it is an “accredited investor” within the meaning of Rule 501 of Regulation D promulgated by the Commission pursuant to the Securities Act and (iib) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased SharesSecurities, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.

Nature of Purchaser. (a) Such Purchaser represents and warrants to to, and covenants and agrees with, the Company that, (ia) it is an “accredited investor” investor within the meaning of Rule 501 of Regulation D promulgated by the Commission SEC pursuant to the Securities Act and (iib) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased Shares, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.

Nature of Purchaser. (a) Such Purchaser represents and warrants to to, and covenants and agrees with, the Company that, that (ia) it is an “"accredited investor” " within the meaning of Rule 501 of Regulation D promulgated by the Commission pursuant to the Securities Act and (iib) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased Subject Shares, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.

Nature of Purchaser. (a) Such The Purchaser represents and --------------------- warrants to to, and covenants and agrees with, the Company that, (ia) it is an “"accredited investor” " within the meaning of Rule 501 of Regulation D promulgated by the Commission pursuant to the Securities Act and (iib) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased SharesSecurities, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.

Nature of Purchaser. (a) Such Purchaser represents and warrants to the Company that, (i1) it is an “accredited investor” within the meaning of Rule 501 of Regulation D promulgated by the Commission pursuant to the Securities Act and (ii2) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased SharesSecurities, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.

Nature of Purchaser. (a) Such Purchaser represents and warrants to to, and covenants and agrees with, the Company that, (ia) it is an “"accredited investor” " within the meaning of Rule 501 of Regulation D promulgated by the Commission SEC pursuant to the Securities Act and (iib) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased SharesUnits, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.

Nature of Purchaser. (a) Such The Purchaser represents and warrants to to, and covenants and agrees with, the Company that, that (ia) it is an “accredited investor” within the meaning of Rule 501 of Regulation D promulgated by the Commission pursuant to the Securities Act and (iib) by reason of its business and financial experience it has such knowledge, sophistication and experience in making similar investments and in business and financial matters generally so as to be capable of evaluating the merits and risks of the prospective investment in the Purchased Common Shares, is able to bear the economic risk of such investment and, at the present time, would be able to afford a complete loss of such investment.