Common use of Investor Status Clause in Contracts

Investor Status. At the time such Investor was offered the Shares, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, and on each date on which it exercises Warrants it will be, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the Shares, Securities it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under of Regulation D, and has completed an Accredited Investor Questionnaire in the Securities Actform attached hereto immediately after the Investor’s signature page. Such Investor has not been formed solely for the purpose of acquiring the Securities. Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such the Investor was offered the Shares, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such The Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, and on each date on which it exercises the Warrants it will be, an “"accredited investor” " as defined in Rule 501(a) under the Securities Act. Such Investor is not required to be registered as a registered broker-dealer under Section 15 of the Securities Exchange ActAct of 1934, as amended.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, an “"accredited investor” " as defined in Rule 501(a) under the Securities Act, and has completed an Accredited Investor Questionnaire in the form attached herein immediately after the Investor's signature page. Such Investor has not been formed solely for the purpose of acquiring the Securities. Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, is an “"accredited investor” " as defined in Rule 501(a) under the Securities Act. Such The Investor is not required to be registered as a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the Shares, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act. Such Investor has such experience in business and financial matters that it is capable of evaluating the merits and risks of an investment in the Shares. Such Investor acknowledges that an investment in the Shares is speculative and involves a high degree of risk.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, is an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the Shares, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange ActAct or an Affiliate of such a broker-dealer.

Investor Status. At the time such the Investor was offered the SharesExchange Securities and Underlying Shares hereunder, it was, and at as of the date hereof it is, is either: (i) an “accredited investor” as defined in Rule 501(a501 of Regulation D promulgated under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A under the Securities Act. Such The Investor is not required to be registered as a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesCommon Shares and Warrants, it was, and at the date hereof it is, is an “accredited investor” as defined in Rule 501(a) under the Securities Act. Act and as indicated by such Investor’s response to the investor questionnaire attached hereto as Schedule A. Such Investor is not a registered broker-broker dealer registered under Section 15 15(a) of the Exchange Act, or a member of the Financial Industry Regulatory Authority, Inc. or an entity engaged in the business of being a broker dealer.

Investor Status. At the time such the Investor was offered the Shares, Note it was, and at the date hereof it is, an “accredited investor,” as such term is defined in Rule 501(a) under the Securities Act. Such The Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such the Investor was offered the SharesShares and/or Pre-Funded Warrants hereunder, it was, and at as of the date hereof it is, is either: (i) an “accredited investor” as defined in Rule 501(a501 of Regulation D promulgated under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A under the Securities Act. Such The Investor is not required to be registered as a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, and on each date on which it exercises the Warrants it will be, an “"accredited investor” " as defined in Rule 501(a) under the Securities Act. Such Investor is not required to be registered as a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSelling Stockholder Shares and Warrants, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such the Investor was offered the SharesSecurities, it was, and at the date hereof it is, and on each date on which it exercises the Warrant or converts the Note it will be, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such The Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such the Investor was offered the SharesSecurities, it was, and at the date hereof it is, an “"accredited investor” " as defined in Rule 501(a) under the Securities Act. Such The Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, is an “accredited investor” as defined in Rule 501(a) under the Securities Act or a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act. Such Investor is not a registered broker-broker dealer registered under Section 15 15(a) of the Exchange Act, or a member of the NASD, Inc. or an entity engaged in the business of being a broker dealer.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, and on each date on which it exercises the Warrants it will be, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesShares and Warrants, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, and at the Closing and on each date on which it exercises Warrants it will be, an “accredited investor” as defined in Rule 501(a501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange ActAct or an entity engaged in a business that would require it to be so registered.

Investor Status. At the time such Investor was offered the Shares, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act or a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act. Such Investor was not organized for the purpose of acquiring the Shares and is not required to be registered as a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such the Investor was offered the Shares, it was, and at the date hereof it is, an “"accredited investor” " as defined in Rule 501(a) under the Securities Act. Such The Investor is not a registered broker-dealer under Section 15 of the Exchange Act.. The Investor further certifies to the Company that the Investor is, as reflected by checking the appropriate box (or boxes) below and initialing next to such checked box (or boxes):

Investor Status. At the time such the Investor was offered the SharesShares hereunder, it was, and at as of the date hereof it is, either: (i) an “accredited investor” as defined in Rule 501(a501 of Regulation D promulgated under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A under the Securities Act. Such The Investor is not required to be registered as a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is has not a registered broker-dealer under Section 15 been formed solely for the purpose of acquiring the Exchange ActSecurities.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, and on each date on which it exercises Warrants it will be, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act. Each Investor represents that it has been organized under the laws of the state or country set forth opposite its name on its signature page.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, and on each date on which it exercises Warrants it will be, an “"accredited investor” " as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, and on each date on which it exercises the Additional Investment Rights it will be, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such the Investor was offered the SharesSecurities, it was, and at the date hereof it is, an “‘‘accredited investor” ’’ as defined in Rule 501(a) under the Securities Act. Such The Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the Shares, it was, and at the date hereof it is, was an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-broker dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the Shares, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesNotes and the Warrants, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the Shares, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such The Investor is not a registered broker-dealer under Section 15 of the Exchange 1934 Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-broker or a dealer under Section 15 of the Exchange Act. Such Investor has such experience in business and financial matters that it is capable of evaluating the merits and risks of an investment in the Securities. Such Investor acknowledges that an investment in the Securities is speculative and involves a high degree of risk.

Investor Status. At the time such the Investor was offered the SharesSecurities, it was, and at the date hereof it is, is an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such The Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, and on each date on which it exercises Warrants it will be, an “"accredited investor” " as defined in Rule 501(a) under the Securities ActAct and at each such time had, has, or will have, by reason of its business or financial experience, the capacity to protect its own interests in connection with its purchase of the Securities. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such the Investor was offered the Shares, Note it was, and at the date hereof it is, an “"accredited investor” ," as such term is defined in Rule 501(a) under the Securities Act. Such The Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at as of the date hereof it is, : (i) an “accredited investor” as defined in Rule 501(a501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act. Such Investor is not required to be registered as a registered broker-dealer under Section 15 of the Exchange ActAct and is neither employed by nor an Affiliate of a broker-dealer.

Investor Status. At the time such Investor was offered the Shares, it was, Shares and at the date hereof time of sale, it is, was an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act. Each Investor also has such sophistication, knowledge and skill as to be able to fully evaluate the risks of investing in the Company.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, and as of the Closing Date will be, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such the Investor was offered the SharesSecurities, it was, and at as of the date hereof hereof, it is, and on the Closing Date, it will be, an “accredited investor” as defined in Rule 501(a) under the Securities Act, and is not an entity formed for the sole purpose of acquiring the Securities. Such The Investor is not required to be registered as a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.Act and has completed and executed the Accredited Investor Questionnaire attached hereto as Exhibit C.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, and at the Closing and on each date on which it exercises Warrants it will be, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such the Investor was offered the Shares, it he was, and at the date hereof it he is, an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such The Investor is not a registered broker-dealer under Section 15 of the Exchange Act.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, is an “accredited investor” as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act. Such Investor has such experience in business and financial matters that it is capable of evaluating the merits and risks of an investment in the Securities. Such Investor acknowledges that an investment in the Securities is speculative and involves a high degree of risk.

Investor Status. At the time such Investor was offered the SharesSecurities, it was, and at the date hereof it is, is an “"accredited investor” " as defined in Rule 501(a) under the Securities Act. Such Investor is not a registered broker-dealer under Section 15 of the Exchange Act.