Common use of Purchaser's Investment Representations Clause in Contracts

Purchaser's Investment Representations. Purchaser hereby represents that it is acquiring the Restricted Securities purchased hereunder or acquired pursuant to the Warrant Certificate for its own account with the present intention of holding such securities for purposes of investment, and that it has no intention of selling such securities in a public distribution in violation of the federal securities laws or any applicable state securities laws; provided that nothing contained herein will prevent Purchaser and subsequent holders of Restricted Securities from transferring such securities in compliance with the provisions of Article V hereof. Each certificate for Restricted Securities will be imprinted with a legend in substantially the following form: “The securities represented by this certificate were originally issued on , and have not been registered under the Securities Act of 1933, as amended. The transfer of the securities represented by this certificate is subject to the conditions specified in the Warrant Purchase and Registration Agreement, dated as of June 18, 2003 between the issuer (the “Company”) and certain investors, and the Company reserves the right to refuse the transfer of such securities until such conditions have been fulfilled with respect to such transfer. A copy of such conditions will be furnished by the Company to the holder hereof upon written request and without charge.”

Purchaser's Investment Representations. Each Purchaser hereby represents that it is acquiring the Restricted Securities securities purchased hereunder or acquired pursuant to the Warrant Certificate hereto for its own account with the present intention of holding such securities for purposes of investment, and that it has no intention of selling such securities in a public distribution in violation of the federal securities laws or any applicable state securities laws; provided provided, that nothing contained herein will shall prevent any Purchaser and subsequent holders of Restricted Securities such securities from transferring such securities in compliance with the provisions of Article V Section 4 hereof. Each certificate for Restricted Securities will or instrument representing such securities purchased thereunder shall be imprinted with a legend in substantially the following form: “The securities security represented by this certificate were was originally issued on September , 2001, and have has not been registered under the Securities Act of 1933, as amended. The transfer of the securities represented by this certificate such security is subject to the conditions specified in the Warrant Note Purchase and Registration Agreement, dated as of June 18September , 2003 between 2001, as amended and modified from time to time, by and among the issuer (the “‘Company”’) and certain investors, and the Company reserves the right to refuse the transfer of such securities security until such conditions have been fulfilled with respect to such transfer. A Upon written request, a copy of such conditions will shall be furnished by the Company to the holder hereof upon written request and without charge.”

Purchaser's Investment Representations. The Purchaser hereby represents that it is acquiring the Restricted Securities purchased hereunder or acquired pursuant to the Warrant Certificate hereto for its own account with the present intention of holding such securities for purposes of investment, and that it has no intention of selling such securities in a public distribution in violation of the federal securities laws or any applicable state securities laws; provided that nothing contained herein will shall prevent the Purchaser and subsequent holders of Restricted Securities from transferring such securities in compliance with the provisions of Article V Section 4 hereof. Each certificate for Restricted Securities will shall be imprinted with a legend in substantially the following form: “"The securities represented by this certificate were originally issued on , _________ and have not been registered under the Securities Act of 1933, as amended. The transfer of the securities represented by this certificate is subject to the conditions specified in the Warrant Purchase and Registration Agreement, dated as of June 184, 2003 1996, between the issuer (the “"Company”") and a certain investorsinvestor, and the Company reserves the right to refuse the transfer of such securities until such conditions have been fulfilled with respect to such transfer. A copy of such conditions will shall be furnished by the Company to the holder hereof upon written request and without charge.”"

Purchaser's Investment Representations. (i) Each Purchaser hereby represents that it is acquiring the Restricted Securities purchased hereunder or acquired pursuant to the Warrant Certificate hereto for its own account with the present intention of holding such securities for purposes of investment, and that it has no intention of selling such securities in a public distribution in violation of the federal securities laws or any applicable state securities laws; provided that nothing contained herein will shall prevent any Purchaser and subsequent holders of Restricted Securities from transferring such securities in compliance with the provisions of Article V Section 4 hereof. Each certificate for or instrument representing Restricted Securities will shall be imprinted with a legend in substantially the following form: “"The securities represented by this certificate were originally issued on September 30, 2003, and have not been registered under the Securities Act of 1933, as amended. The transfer of the securities represented by this certificate is subject to the conditions specified in the Warrant Stock Purchase and Registration Agreement, dated as of June 18September 30, 2003 2003, and as amended and modified from time to time, between the issuer (the “"Company”") and certain investors, and the Company reserves the right to refuse the transfer of such securities until such conditions have been fulfilled with respect to such transfer. A copy of such conditions will shall be furnished by the Company to the holder hereof upon written request and without charge.”"

Purchaser's Investment Representations. Purchaser hereby represents and -------------------------------------- warrants that it is acquiring the Restricted Securities purchased hereunder or acquired pursuant to the Warrant Certificate hereto for its own account with the present intention of holding such securities for purposes of investment, and that it has no intention of selling such securities in a public distribution in violation of the federal securities laws or any applicable state securities laws; provided that nothing contained herein will shall prevent Purchaser and subsequent holders of Restricted Securities from transferring such securities in compliance with the provisions of Article V Section 5 hereof. Each certificate for or instrument representing Restricted Securities will shall be imprinted with a legend in substantially the following form: “"The securities represented by this certificate were originally issued on August 5, 1999, and have not been registered under the Securities Act of 1933, as amended. The transfer of the securities represented by this certificate is subject to the conditions specified in the Warrant Purchase and Registration Agreement, dated as of June 18August 5, 2003 1999, as amended and modified from time to time, between the issuer (the “"Company”") and certain investorsthe purchaser of such securities, and the Company reserves the right to refuse the transfer of such securities until such conditions have been fulfilled with respect to such transfer. A copy of such conditions will shall be furnished by the Company to the holder hereof upon written request and without charge.”"

Purchaser's Investment Representations. Each Purchaser -------------------------------------- hereby represents that it is acquiring the Restricted Securities purchased hereunder or acquired pursuant to the Warrant Certificate hereto for its own account with the present intention of holding such securities for purposes of investment, and that it has no intention of selling such securities in a public distribution in violation of the federal securities laws or any applicable state securities laws; provided that nothing contained herein will shall prevent any Purchaser and subsequent holders of Restricted Securities from transferring such securities in compliance with the provisions of Article V Section 4 hereof. Each certificate for or instrument representing Restricted Securities will shall be imprinted with a legend in substantially the following form: “"The securities represented by this certificate were originally issued on June 30, 1995, and have not been registered under the Securities Act of 1933, as amended. The transfer of the securities represented by this certificate is subject to the conditions specified in the Warrant Purchase and Registration Agreement, dated as of June 1830, 2003 1995 and as amended and modified from time to time, between the issuer (the “"Company”") and certain investors, and the Company reserves the right to refuse the transfer of such securities until such conditions have been fulfilled with respect to such transfer. A copy of such conditions will shall be furnished by the Company to the holder hereof upon written request and without charge.”"