Common use of Purchase for Investment; ERISA Clause in Contracts

Purchase for Investment; ERISA. (a) You represent and warrant (i) that you have been furnished with all information that you have requested for the purpose of evaluating your proposed acquisition of the Notes to be issued to you pursuant hereto, (ii) that you will acquire such Notes for your own account for investment and not for distribution in any manner that would violate applicable securities laws, but without prejudice to your rights to dispose of such Notes or a portion thereof to a transferee or transferees, in accordance with such laws and the Rights Agreement, if applicable, if at some future time you deem it advisable to do so and (iii) that you are an "accredited investor", as defined in Regulation D of the Commission under the Securities Act. The acquisition of such Notes by you at the Closing shall constitute your confirmation of the foregoing representations and warranties. You understand that such Notes are being sold to you in a transaction which is exempt from the registration requirements of the Securities Act, and that, in making the representations and warranties contained in section 5.16, each of the Company is relying, to the extent applicable, upon your representations and warranties contained herein.

Purchase for Investment; ERISA. (a) You represent and warrant (i) that you are an "accredited investor" as defined in Rule 501 of Regulation D under the Securities Act, (ii) that you have been furnished with all information that you have requested for the purpose of evaluating your proposed acquisition of the Notes Securities to be issued to you pursuant hereto, hereto and (iiiii) that you will acquire such Notes Securities for your own account for investment and not for distribution in any manner that would violate applicable securities laws, but without prejudice to your rights to dispose of such Notes Securities or a portion thereof to a transferee or transferees, in accordance with such laws and the Rights Agreement, if applicable, if at some future time you deem it advisable to do so and (iii) that you are an "accredited investor", as defined in Regulation D of the Commission under the Securities Actso. The acquisition of such Notes Securities by you at the Closing shall constitute your confirmation of the foregoing representations and warranties. You understand that such Notes Securities are being sold to you in a transaction which is exempt from the registration requirements of the Securities Act, and that, in making the representations and warranties contained in section 5.16, each of the Company is Companies are relying, to the extent applicable, upon your representations and warranties contained herein.

Purchase for Investment; ERISA. (a) You represent Each Purchaser represents and warrant warrants (i) that you have it has been furnished with all information that you have it has requested for the purpose of evaluating your such Purchaser's proposed acquisition of the Notes Securities to be issued to you such Purchaser pursuant hereto, hereto and (ii) that you such Purchaser will acquire such Notes Securities for your its own account for investment and not for distribution in any manner that would violate applicable securities laws, but without prejudice to your such Purchaser's rights to dispose of such Notes Securities or a portion thereof to a transferee or transferees, in accordance with such laws and the Rights Agreement, if applicable, if at some future time you deem such Purchaser deems it advisable to do so and (iii) that you are an "accredited investor", as defined in Regulation D of the Commission under the Securities Actso. The acquisition of such Notes Securities by you each Purchaser at the Closing shall constitute your such Purchaser's confirmation of the foregoing representations and warranties. You understand Each Purchaser understands that such Notes Securities are being sold to you such Purchaser in a transaction which is exempt from the registration requirements of the Securities Act, and that, in making the representations and warranties contained in section Section 5.16, each of the Company is Issuers are relying, to the extent applicable, upon your such Purchaser's representations and warranties contained herein.

Purchase for Investment; ERISA. (a) You represent and warrant (i) that you have been furnished with all information that you have requested for the purpose of evaluating your proposed acquisition of the Notes Securities to be issued to you pursuant hereto, (ii) that you will acquire such Notes Securities for your own account for investment and not for distribution in any manner that would violate applicable securities laws, but without prejudice to your rights to dispose of such Notes Securities or a portion thereof to a transferee or transferees, in accordance with such laws and the Rights Agreement, if applicable, if at some future time you deem it advisable to do so and (iii) that you are an "accredited investor", " as such term is defined in Regulation D of the Commission under the Securities Act. The acquisition of such Notes Securities by you at the Closing shall constitute your confirmation of the foregoing representations and warranties. You understand that such Notes Securities are being sold to you in a transaction which is exempt from the registration requirements of the Securities Act, and that, in making the representations and warranties contained in section 5.16, each of the Company Issuers is relying, to the extent applicable, upon your representations and warranties contained herein.

Purchase for Investment; ERISA. (a) You represent and warrant (i) that you have been furnished with - all information that you have requested for the purpose of evaluating your proposed acquisition of the Notes Securities to be issued to you pursuant hereto, (ii) that you will acquire such Notes Securities for your own account -- for investment and not for distribution in any manner that would violate applicable securities laws, but without prejudice to your rights to dispose of such Notes Securities or a portion thereof to a transferee or transferees, in accordance with such laws and the Rights Stockholders Agreement, if applicable, if at some future time you deem it advisable to do so and (iii) that you are an "accredited investor", as defined in Regulation D of --- the Commission under the Securities Act. The acquisition of such Notes Securities by you at the Closing shall constitute your confirmation of the foregoing representations and warranties. You understand that such Notes Securities are being sold to you in a transaction which is exempt from the registration requirements of the Securities Act, and that, in making the representations and warranties contained in section 5.16, each of the Company is Companies are relying, to the extent applicable, upon your representations and warranties contained herein.