Common use of Participant Representations and Warranties Clause in Contracts

Participant Representations and Warranties. Participant acknowledges, represents and warrants the following: (a) Any Performance Stock acquired by Participant under this Agreement is for Participant’s own account, investment purposes only and is not acquired with a view to or for the resale, distribution or fractionalization thereof, in whole or in part, and no other person has a direct or indirect beneficial interest in such Performance Stock. (b) The offering and acceptance of the Performance Stock is intended to be exempt from registration under the Securities Act of 1933, as amended (the “Act”), and Participant will not sell or otherwise transfer such shares without registration under the Act or an exemption therefrom. (c) Sales or transfers of the Performance Stock granted hereunder are further restricted by the provisions of the Plan and applicable federal and state securities laws, rules and regulations. (d) Participant has knowledge and experience in financial and business matters and understands and is capable of evaluating the merits and inherent risks of an investment of this nature. (e) Participant (i) has the financial ability and fully agrees to bear the economic risk of his acquired investment in the Company; (ii) has adequate means for providing for his current needs and personal contingencies; and (iii) does not need liquidity with respect to his acquired investment in the Company. (f) Participant has obtained, or had reasonable opportunity to obtain, sufficient information concerning the Performance Stock, Company and any other relevant information relating to an acquired investment in the Performance Stock. (g) In making his decision to accept the Performance Stock, Participant shall rely solely upon this Agreement, the Plan, any written information supplied by the Company (or its authorized representatives) and any independent investigations made by Participant. Participant shall not rely on the Company or any of its officers or Board members with respect to tax advice or other economic considerations involved in an acquired investment of Performance Stock relating to Participant’s own respective tax and economic situation.

Participant Representations and Warranties. Participant --------------------------------------------- acknowledges, represents and warrants the following: (a) Any Performance Restricted Stock acquired by Participant under this Agreement is for Participant’s 's own account, investment purposes only and is not acquired with a view to or for the resale, distribution or fractionalization thereof, in whole or in part, and no other person has a direct or indirect beneficial interest in such Performance Restricted Stock. (b) The offering and acceptance of the Performance Restricted Stock is intended to be exempt from registration under the Securities Act of 1933, as amended (the “"Act”"), and Participant will not sell or otherwise transfer such shares without registration under the Act or an exemption therefrom. (c) Sales or transfers of the Performance Restricted Stock granted hereunder are further restricted by the provisions of the Plan and applicable federal and state securities laws, rules and regulations. (d) Participant has knowledge and experience in financial and business matters and understands and is capable of evaluating the merits and inherent risks of an investment of this nature. (e) Participant (i) has the financial ability and fully agrees to bear the economic risk of his acquired investment in the Company; (ii) has adequate means for providing for his current needs and personal contingencies; and (iii) does not need liquidity with respect to his acquired investment in the Company. (f) Participant has obtained, or had reasonable opportunity to obtain, sufficient information concerning the Performance Restricted Stock, Company and any other relevant information relating to an acquired investment in the Performance Restricted Stock. (g) In making his decision to accept the Performance Restricted Stock, Participant shall rely solely upon this Agreement, the Plan, any written information supplied by the Company (or its authorized representatives) and any independent investigations made by Participant. Participant shall not rely on the Company or any of its officers or Board members with respect to tax advice or other economic considerations involved in an acquired investment of Performance Restricted Stock relating to Participant’s 's own respective tax and economic situation.