Common use of Further Representation and Warranties of the Company Clause in Contracts

Further Representation and Warranties of the Company. (a) For ---------------------------------------------------- so long as any securities issuable hereunder held by the Investors remain outstanding, the Company acknowledges, represents, warrants and agrees that it will use commercially reasonable efforts to maintain the listing of its Common Stock on NASD Bulletin Board and/or the NASDAQ Small Cap Stock Market and/or the Over-The-Counter Bulletin Board and/or the American Stock Exchange. (b) The Company acknowledges and agrees that the Investors are acting solely in the capacity of arm's length investor with respect to this Agreement and the transactions contemplated hereunder. The Company further acknowledges that the Investors are not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereunder and any advice given by each Investor or any of its representatives or agents in connection with this Agreement and the transactions contemplated hereunder is merely incidental to the Investors' purchase of the shares of the Common Stock to be purchased under this Agreement. The Company further represents to the Investors that the Company's decision to enter into this Agreement has been based solely on the independent evaluation by the Company and its own representatives and counsel.

Further Representation and Warranties of the Company. (a) For ---------------------------------------------------- so long as any securities issuable hereunder held by the Investors Investor remain outstanding, the Company acknowledges, represents, warrants and agrees that it will use commercially reasonable efforts to maintain the listing of its Common Stock on NASD Bulletin Board and/or the NASDAQ Small Cap Stock Market and/or the Over-The-Counter Bulletin Board and/or the American Stock Exchange. (b) The Company acknowledges and agrees that the Investors are Investor is acting solely in the capacity of arm's length investor with respect to this Agreement and the transactions contemplated hereunder. The Company further acknowledges that the Investors are Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereunder and any advice given by each the Investor or any of its representatives or agents in connection with this Agreement and the transactions contemplated hereunder is merely incidental to the Investors' Investor's purchase of the shares of the Common Stock to be purchased under this Agreement. The Company further represents to the Investors Investor that the Company's decision to enter into this Agreement has been based solely on the independent evaluation by the Company and its own representatives and counsel.

Further Representation and Warranties of the Company. (a) For ---------------------------------------------------- so long as any securities issuable hereunder held by the Investors remain outstanding, the Company acknowledges, represents, warrants and agrees that it will use commercially reasonable efforts to maintain the listing of its Common Stock on NASD Bulletin Board and/or the NASDAQ Small Cap Stock Market and/or the Over-The-Counter Bulletin Board and/or the American Stock Exchange. (b) The Company acknowledges and agrees that the Investors are acting solely in the capacity of arm's length investor with respect to this Agreement and the transactions contemplated hereunder. The Company further acknowledges that the Investors are not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereunder and any advice given by each Investor or any of its representatives or agents in connection with this Agreement and the transactions contemplated hereunder is merely incidental to the Investors' purchase of the shares of the Common Stock to be purchased under this Agreement. The Company further represents to the Investors that the Company's decision to enter into this Agreement has been based solely on the independent evaluation by the Company and its own representatives and counsel.