Common use of Testing-the-Waters Clause in Contracts

Testing-the-Waters. The Company (i) has not alone engaged in any Testing-the-Waters Communications and (ii) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a written communication within the meaning of Rule 405 under the Securities Act.

Testing-the-Waters. The Company (ia) has not alone engaged in any Testing-the-Waters Communications Communication and (iib) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a oral or written communication within the meaning with potential investors undertaken in reliance on Section 5(d) of Rule 405 under the Securities ActAct or Rule 163B of the Securities Act and the Securities Act Regulations.

Testing-the-Waters. The Company (ia) has not alone engaged in any Testing-the-Waters Communications Communication and (iib) has not authorized anyone to engage in Testing-the-Waters Communications. The Company has not distributed or approved for distribution any Written Testing-the-Waters Communications. “Written Testing-the-Waters Communication” means any Testing-the-Waters Communication that is a oral or written communication within the meaning with potential investors undertaken in reliance on Section 5(d) of Rule 405 under the Securities ActAct or Rule 163B of the Rules and Regulations.