Common use of Availability of Exemptions Clause in Contracts

Availability of Exemptions. Each Lender understands that the Conversion Shares and the Warrant Shares if issued will be issued in reliance on a transactional exemption or exemptions from the registration requirements of Israeli and U.S. Federal and state securities laws, and the Company is relying upon the truth and accuracy of the representations, warranties, agreements, acknowledgments and understandings of the Lenders set forth herein in order to determine the applicability of such exemptions and the suitability of each Lender to acquire the Shares.

Availability of Exemptions. Each The Lender understands that the Conversion Shares, the Loan Warrant Shares and the Additional Warrant Shares if issued will be issued in reliance on a transactional exemption or exemptions from the registration requirements of Israeli and U.S. Federal and state securities laws, and the Company is relying upon the truth and accuracy of the representations, warranties, agreements, acknowledgments and understandings of the Lenders Lender set forth herein in order to determine the applicability of such exemptions and the suitability of each the Lender to acquire the Shares.