Common use of Exchange Only Clause in Contracts

Exchange Only. Such Investor is a current holder of Exchanged Securities and has not provided any consideration to the Company for the Series D received in the Exchange other than the Exchanged Securities. Such Investor understands that the New Securities issued in the Exchange may not be offered for sale, sold, assigned or transferred unless (a) subsequently registered, (b) pursuant to Rule 144, or (c) pursuant to another exemption from registration under the Securities Act, including but not limited to Section 3(a)(9) thereunder.

Exchange Only. Such Investor is a current holder of Exchanged Securities and has not provided any consideration to the Company for the Series D H received in the Exchange other than the Exchanged Securities. Such Investor understands that the New Securities issued in the Exchange may not be offered for sale, sold, assigned or transferred unless (a) subsequently registeredregistered thereunder, (b) pursuant to Rule 144, or (c) pursuant to another exemption from registration under the Securities Act, including but not limited to Section 3(a)(9) thereunder.