Common use of Preexisting Relationship Clause in Contracts

Preexisting Relationship. The Registered Holder further warrants and represents that the Registered Holder or its advisor has either (i) preexisting personal or business relationships, with the Company or any of its officers, directors or controlling persons, or (ii) the capacity to protect the Registered Holder’s own interests in connection with this Warrant being acquired by it by virtue of the business or financial expertise of the Registered Holder or of professional advisors to the Registered Holder who are unaffiliated with and who are not compensated by the Company or any of its affiliates, directly or indirectly. The Registered Holder or its advisor has been given the opportunity to ask questions, and to receive answers concerning the business, properties, prospects and financial condition of the Company. The Registered Holder or its advisor has had access to such information regarding the business and finances of the Company and such other matters with respect to the Company (i) as a reasonable person would consider in evaluating the transactions contemplated hereby and (ii) to make an informed decision regarding the Warrant Shares. The Registered Holder is a sophisticated person familiar with transactions similar to those contemplated in this Warrant and has such knowledge and experience in financial and business matters that the Registered Holder is capable of evaluating the merits and risk of such transactions. The Registered Holder or its advisor has evaluated the merits and risks of purchasing the Warrant Stock on the terms set forth in this Warrant, and the Registered Holder is willing to bear the risk of future decreases in the value of the Warrant Stock. The Registered Holder acknowledges that the purchase price of the Warrant Stock has been negotiated based on a variety of facts and circumstances, including facts and circumstances that may be unique to the Registered Holder and, accordingly, such purchase price may not accurately reflect the fair market value of the Warrant Stock. The Registered Holder acknowledges that neither the Company nor any of its respective affiliates is acting as a fiduciary or financial or investment adviser to the Registered Holder for purposes of the purchase of the Warrant Stock, and has not given the Registered Holder or its advisor any investment advice, opinion or other information on whether the purchase of the Warrant Stock is prudent. The foregoing, however, does not limit or modify the representations and warranties of the Company in Section 6 of this Warrant or the right of the Registered Holder to rely thereon.

Preexisting Relationship. The Registered Holder Purchaser further warrants and represents that the Registered Holder Purchaser or its advisor has either (i) preexisting personal or business relationships, with the Company or any of its officers, directors or controlling persons, or (ii) the capacity to protect the Registered HolderPurchaser’s own interests in connection with this Warrant the purchase of the Shares being acquired by it by virtue of the business or financial expertise of the Registered Holder Purchaser or of professional advisors to the Registered Holder Purchaser who are unaffiliated with and who are not compensated by the Company or any of its affiliates, directly or indirectly. The Registered Holder Purchaser or its advisor has been given the opportunity to ask questions, and to receive answers concerning the business, properties, prospects and financial condition of the Company. The Registered Holder Purchaser or its advisor has had access to such information regarding the business and finances of the Company and such other matters with respect to the Company (i) as a reasonable person would consider in evaluating the transactions contemplated hereby and (ii) to make an informed decision regarding the Warrant purchase of the Shares. The Registered Holder Purchaser is a sophisticated person familiar with transactions similar to those contemplated in this Warrant Agreement and has such knowledge and experience in financial and business matters that the Registered Holder Purchaser is capable of evaluating the merits and risk of such transactions. The Registered Holder Purchaser or its advisor has evaluated the merits and risks of purchasing the Warrant Stock Shares on the terms set forth in this WarrantAgreement, and the Registered Holder Purchaser is willing to bear the risk of future decreases in the value of the Warrant StockShares. The Registered Holder Purchaser acknowledges that the purchase price of the Warrant Stock has Shares have been negotiated based on a variety of facts and circumstances, including facts and circumstances that may be unique to the Registered Holder Purchaser and, accordingly, such purchase price may not accurately reflect the fair market value of the Warrant StockShares. The Registered Holder Purchaser acknowledges that neither the Company nor any of its respective affiliates is acting as a fiduciary or financial or investment adviser to the Registered Holder Purchaser for purposes of the purchase of the Warrant StockShares, and has not given the Registered Holder Purchaser or its advisor any investment advice, opinion or other information on whether the purchase of the Warrant Stock Shares is prudent. The foregoing, however, does not limit or modify the representations and warranties of the Company in Section 6 3 of this Warrant Agreement or the right of the Registered Holder Purchaser to rely thereon.