Common use of No Public Sale or Distribution Clause in Contracts

No Public Sale or Distribution. The Buyer is acquiring the Shares for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act); provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares for any minimum or other specific term and reserves the right to dispose of the Shares at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities hereunder in the ordinary course of its business. The Buyer presently does not have any agreement or understanding, directly or indirectly, with any person to distribute any of the Shares.

No Public Sale or Distribution. The Such Buyer is acquiring the Shares Securities for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereofthereof in violation of applicable securities laws, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act); provided, however, that by making the representations herein, the such Buyer does not agree agree, or make any representation or warranty, to hold any of the Shares Securities for any minimum or other specific term and reserves the right to dispose of the Shares Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Such Buyer is acquiring the securities hereunder in the ordinary course of its business. The Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the SharesSecurities in violation of applicable securities laws.

No Public Sale or Distribution. The Buyer is acquiring the Shares for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “"1933 Act); provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares for any minimum or other specific term and reserves the right to dispose of the Shares at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities hereunder in the ordinary course of its business. The Buyer presently does not have any agreement or understanding, directly or indirectly, with any person to distribute any of the Shares.

No Public Sale or Distribution. The Buyer is acquiring the Shares Securities for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the 1933 Act and the Buyer does not have a present arrangement to effect any distribution of Securities Act of 1933, as amended (the “1933 Act)to or through any person or entity; provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares Securities for any minimum or other specific term and reserves the right to dispose of the Shares Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities Securities hereunder in the ordinary course of its business. The Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the SharesSecurities.

No Public Sale or Distribution. The Buyer is acquiring the Shares for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “"1933 Act); provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares for any minimum or other specific term and reserves the right to dispose of the Shares at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities Securities hereunder in the ordinary course of its business. The Buyer presently does not have any agreement or understanding, directly or indirectly, with any person to distribute any of the Shares.its

No Public Sale or Distribution. The Such Buyer is acquiring the its Common Shares for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereofthereof in violation of applicable securities laws, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act); provided, however, that by making the representations herein, the such Buyer does not agree agree, or make any representation or warranty, to hold any of the Common Shares for any minimum or other specific term and reserves the right to dispose of the Common Shares at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Such Buyer is acquiring the securities Common Shares hereunder in the ordinary course of its business. The Such Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the SharesCommon Shares in violation of applicable securities laws.

No Public Sale or Distribution. The Buyer is acquiring the Shares for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereofthereof in violation of applicable securities laws, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act); provided, however, that by making the representations herein, the Buyer does not agree agree, or make any representation or warranty to hold any of the Shares for any minimum or other specific term and reserves the right to dispose of the Shares at any time in accordance with or pursuant to a registration statement or an available exemption from registration under the 1933 Act. The Buyer is acquiring the securities hereunder in the ordinary course of its business. The Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person (as defined herein) to distribute any of the SharesShares in violation of applicable securities laws.

No Public Sale or Distribution. The Such Buyer is acquiring the its Common Shares for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereofthereof in violation of applicable securities laws, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act); provided, however, that by making the representations herein, the such Buyer does not agree agree, or make any representation or warranty, to hold any of the Shares Securities for any minimum or other specific term and reserves the right to dispose of the Shares Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Such Buyer is acquiring the securities Securities hereunder in the ordinary course of its business. The Such Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the SharesSecurities in violation of applicable securities laws.

No Public Sale or Distribution. The Buyer is acquiring the Shares for investment purposes, as principal for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act”); provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares for any minimum or other specific term and reserves the right to dispose of the Shares at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities Shares hereunder in the ordinary course of its business. The Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person to distribute any of the Shares.

No Public Sale or Distribution. The Buyer is acquiring the Shares for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “"1933 Act); provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares for any minimum or other specific term and reserves the right to dispose of the Shares at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities Securities hereunder in the ordinary course of its business. The Buyer presently does not have any agreement or understanding, directly or indirectly, with any person to distribute any of the Shares.

No Public Sale or Distribution. The Buyer is acquiring the Shares Securities for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereofthereof in a manner that would violate the 1933 Act, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act); provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares Securities for any minimum or other specific term term, except as specified in the Registration Rights Agreement, and reserves the right to dispose of the Shares Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities Securities hereunder in the ordinary course of its business. The Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the SharesSecurities.

No Public Sale or Distribution. The Buyer is acquiring the Shares Securities for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act), and the Buyer does not have a present arrangement to effect any distribution of Securities to or through any person or entity; provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares Securities for any minimum or other specific term and reserves the right to dispose of the Shares Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities Securities hereunder in the ordinary course of its business. The Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the SharesSecurities.

No Public Sale or Distribution. The Buyer is acquiring the Shares for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “"1933 Act); provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares for any minimum or other specific term and reserves the right to dispose of the Shares at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities hereunder in the ordinary course of its business. The Buyer presently does not have any agreement or understanding, directly or indirectly, with any person to distribute any of the Shares.. Accredited Investor Status. The Buyer is an "accredited investor" as that term is defined in Rule 501(a) of Regulation D.

No Public Sale or Distribution. The Such Buyer is acquiring the Shares Debentures and the Warrants for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereofthereof in a manner that would violate the 1933 Act, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act); provided, however, that by making the representations herein, the such Buyer does not agree to hold any of the Shares Securities for any minimum or other specific term and reserves the right to dispose of the Shares Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Such Buyer is acquiring the securities Securities hereunder in the ordinary course of its business. The Such Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the SharesSecurities.

No Public Sale or Distribution. The Buyer is acquiring the Shares Units for investment purposes, as principal for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereof, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act”); provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares Units for any minimum or other specific term and reserves the right to dispose of the Shares Units at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities Units hereunder in the ordinary course of its business. The Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the SharesUnits.

No Public Sale or Distribution. The Such Buyer is acquiring the Debentures and the Closing Shares for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereofthereof in a manner that would violate the 1933 Act, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act); provided, however, that by making the representations herein, the such Buyer does not agree to hold any of the Shares Securities for any minimum or other specific term and reserves the right to dispose of the Shares Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Such Buyer is acquiring the securities Securities hereunder in the ordinary course of its business. The Such Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the SharesSecurities.

No Public Sale or Distribution. The Buyer is acquiring the Term Notes and the Shares for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereofthereof in a manner that would violate the 1933 Act, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act); provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares Securities for any minimum or other specific term and reserves the right to dispose of the Shares Securities at any time in accordance with or pursuant to a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities Securities hereunder in the ordinary course of its business. The Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the SharesSecurities.

No Public Sale or Distribution. The Buyer is acquiring the Shares Securities for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereofthereof in a manner that would violate the 1933 Act, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act); provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares Securities for any minimum or other specific term term, and reserves the right to dispose of the Securities or Warrant Shares at any time in accordance with or pursuant to the Registration Rights Agreement, a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities Securities hereunder in the ordinary course of its business. The Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the Securities or Warrant Shares.

No Public Sale or Distribution. The Buyer is acquiring the Shares Securities for its own account for investment purposes only and not with a view towards, or for resale in connection with, the public sale or distribution thereofthereof in a manner that would violate the 1933 Act, except pursuant to sales registered or exempted under the Securities Act of 1933, as amended (the “1933 Act); provided, however, that by making the representations herein, the Buyer does not agree to hold any of the Shares Securities for any minimum or other specific term term, and reserves the right to dispose of the Shares Securities at any time in accordance with or pursuant to the Registration Rights Agreement, a registration statement or an exemption under the 1933 Act. The Buyer is acquiring the securities Securities hereunder in the ordinary course of its business. The Buyer presently does not presently have any agreement or understanding, directly or indirectly, with any person Person to distribute any of the SharesSecurities.