Common use of The Subscriber Clause in Contracts

The Subscriber. (A) has been furnished a copy of the Company’s confidential offering package dated May 25, 2005 (the “PPM”); (B) has carefully read, has carefully considered and fully understands the provisions of: (i) the PPM (including, without limitation, the terms of this offering and the Securities offered by the Company as described in the “OFFERING” section of the PPM and the materials under the “RISK FACTORS” section of the PPM); (ii) all documents and information included as exhibits, or incorporated in the PPM by reference, including but not limited to the filings and information made by the Company under the Exchange Act (as defined in the PPM); and (iii) this Subscription Agreement (and the exhibits and annexes hereto). (C) has been given sufficient access and opportunity to: (i) examine all material books and records, and material contracts and documents of the Company and such other information and documents as the Subscriber has requested; and (ii) ask questions of the Company and its management, and, if the Subscriber asked questions of the Company or its management, has received satisfactory answers. (D) represents and warrants that in making the decision to invest in the Securities, the Subscriber has relied on independent investigations made by the Subscriber and the Subscriber’s own professional advisors. The Subscriber acknowledges that no representation has been made by the Company or otherwise by or on behalf of the Company concerning the Securities (including any current value of the Securities or as to any prospective return on investment in the Securities), the Company, its business or prospects, or other matters, except as set forth in the PPM.

The Subscriber. (A) has been furnished a copy of the Company’s confidential offering package dated May 2517, 2005 2004 (the “PPM”); (B) has carefully read, has carefully considered and fully understands the provisions of: (i) the PPM (including, without limitation, the terms of this offering and the Securities offered by the Company (including as described in the “OFFERINGOFFERING SUMMARY” section of the PPM PPM) and the materials under the “RISK FACTORS” section of the PPM); (ii) all documents and information included as exhibits, or incorporated in the PPM by reference, including but not limited to the filings and information made by the Company under the Exchange Act (as defined in the PPM); and (iii) this Subscription Agreement (and the exhibits and annexes hereto). (C) has been given sufficient access and opportunity to: (i) examine all material books and records, and material contracts and documents of the Company and such other information and documents as the Subscriber has requested; and (ii) ask questions of the Company and its management, and, if the Subscriber asked questions of the Company or its management, has received satisfactory answers. (D) represents and warrants that in making the decision to invest in the Securities, the Subscriber has relied on independent investigations made by the Subscriber and the Subscriber’s own professional advisors. The Subscriber acknowledges that no representation has been made by the Company or otherwise by or on behalf of the Company concerning the Securities (including any current value of the Securities or as to any prospective return on investment in the Securities), the Company, its business or prospects, or other matters, except as set forth in the PPM.

The Subscriber. (A) has been furnished a copy of the Company’s confidential offering package dated May 25February 13, 2005 2006 (the “PPM”); (B) has carefully read, has carefully considered and fully understands the provisions of: (i) the PPM (including, without limitation, the terms of this offering and the Securities offered by the Company as described in the “OFFERING” section of the PPM and the materials under the “RISK FACTORS” section of the PPM); (ii) all documents and information included as exhibits, or incorporated in the PPM by reference, including but not limited to the filings and information made by the Company under the Exchange Act (as defined in the PPM); and (iii) this Subscription Agreement (and the exhibits and annexes hereto). (C) has been given sufficient access and opportunity to: (i) examine all material books and records, and material contracts and documents of the Company and such other information and documents as the Subscriber has requested; and (ii) ask questions of the Company and its management, and, if the Subscriber asked questions of the Company or its management, has received satisfactory answers. (D) represents and warrants that in making the decision to invest in the Securities, the Subscriber has relied on independent investigations made by the Subscriber and the Subscriber’s own professional advisors. The Subscriber acknowledges that no representation has been made by the Company or otherwise by or on behalf of the Company concerning the Securities (including any current value of the Securities or as to any prospective return on investment in the Securities), the Company, its business or prospects, or other matters, except as set forth in the PPM.