Common use of Receipt of and Access to Information Clause in Contracts

Receipt of and Access to Information. The Investor hereby acknowledges having had access to the publicly filed documents with the Securities and Exchange Commission (the “SEC”) of the Company in connection with the offer of the Company’s shares of Series C Convertible Preferred Stock, par value $0.001 per share (the “Convertible Shares”), and Warrants (“Warrants”) to purchase shares of the Company’s Common Stock, par value $0.001 per share (the “Common Shares”). Collectively, the Convertible Shares, the Warrants and the Common Shares issuable upon conversion of the Convertible Shares and upon exercise of the Warrants are referred to as the “Securities.” 2.

Receipt of and Access to Information. The Investor hereby acknowledges having had access to the publicly filed documents with the Securities and Exchange Commission (the “SEC”) of the Company in connection with the offer of the Company’s shares of Series C Convertible Preferred Stock, par value $0.001 per share (the “Convertible Shares”), and Warrants (“Warrants”) to purchase shares of the Company’s Common Stock, par value $0.001 per share (the “Common Shares”). Collectively, the Convertible Shares, the Warrants and the Common Shares issuable upon conversion of the Convertible Shares and upon exercise of the Warrants are referred to as the “Securities.” 2.”