Common use of REPRESENTATIONS OF THE ADVISOR Clause in Contracts

REPRESENTATIONS OF THE ADVISOR. The Advisor represents and warrants to the Company that (i) it is a member in good standing of the National Association of Securities Dealers, Inc. (“NASD”) and that it is engaged in the securities brokerage business; (ii) in addition to its securities brokerage business, the Advisor provides consulting advisory services; and (iii) it is free to enter into this Agreement and the services to be provided pursuant to this Agreement are not in conflict with any other contractual or other obligation to which the Advisor is bound. The Company acknowledges that the Advisor is in the securities business and may provide financial and business consulting services and advice of the type contemplated by this Agreement to others, and that nothing contained herein shall be construed to limit or restrict the Advisor in providing such services or advice to others.

REPRESENTATIONS OF THE ADVISOR. The Advisor represents and warrants ------------------------------ to the Company that (i) it is a member in good standing of the National Association of Securities Dealers, Inc. (“"NASD”") and that it is engaged in the securities brokerage business; (ii) in addition to its securities brokerage business, the Advisor provides consulting advisory services; and (iii) it is free to enter into this Agreement and the services to be provided pursuant to this Agreement are not in conflict with any other contractual or other obligation to which the Advisor is bound. The Company acknowledges that the Advisor is in the securities business and may provide financial and business consulting services and advice of the type contemplated by this Agreement to others, and that nothing contained herein shall be construed to limit or restrict the Advisor in providing such services or advice to othersothers subject to compliance with the Confidentiality Agreement dated October 2, 2003 between the Company and the Advisor.

REPRESENTATIONS OF THE ADVISOR. The Advisor represents and warrants to the Company that (i) it is a member in good standing of the National Association of Securities Dealers, Inc. (“"NASD”") and that it is engaged in the securities brokerage business; (ii) in addition to its securities brokerage business, the Advisor provides consulting advisory services; and (iii) it is free to enter into this Agreement and the services to be provided pursuant to this Agreement are not in conflict with any other contractual or other obligation to which the Advisor is bound. The Company acknowledges that the Advisor is in the securities business and may provide financial and business consulting services and advice of the type contemplated by this Agreement to others, and that nothing contained herein shall be construed to limit or restrict the Advisor in providing such services or advice to others.

REPRESENTATIONS OF THE ADVISOR. The Advisor represents and warrants to -------------------------------- the Company that (i) it is a member in good standing of the National Association of Securities Dealers, Inc. Financial Industry Regulatory Authority (“NASD”"FINRA") and that it is engaged in the securities brokerage business; (ii) in addition to its securities brokerage business, the Advisor provides consulting advisory services; and (iii) it is free to enter into this Agreement and the services to be provided pursuant to this Agreement are not in conflict with any other contractual or other obligation to which the Advisor is bound. The Company acknowledges that the Advisor is in the securities business and may provide financial and business consulting services and advice of the type contemplated by this Agreement to others, and that nothing contained herein shall be construed to limit or restrict the Advisor in providing such services or advice to others.