Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3 and in addition to any other remedies available to the Buyer pursuant to this Agreement, it will be considered an Event of Default under [Section 3.4] of the Note.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3 and in addition to any other remedies available to the Buyer pursuant to this Agreement, it will be considered an Event of Default under [Section 3.4] of the Note.

Representations and Warranties by the Company. The Company hereby represents and warrants to the Purchaser, as of the date hereof, as follows:

Representations and Warranties by the Company. The Company represents and warrants to each Underwriter as of the date hereof, the Applicable Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

The Company hereby represents and warrants to Grantee as follows:

Representations and Warranties of the Company. The Company hereby represents and warrants to each Holder that:

Representations and Warranties of the Company. Including as set forth in the Schedules, which Schedules shall be deemed a part hereof and shall supplement and qualify any representation or otherwise made herein to the extent of the supplemental information contained in the corresponding section of the Schedules, the Company hereby makes the following representations and warranties to each Purchaser:

Representations and Warranties of the Company. The Company represents and warrants to, and agrees with, Cowen that as of # the date of this Agreement, # each date on which the Company executes and delivers a Terms Agreement, # each Time of Sale (defined below), # each Settlement Date, and # each Bring-Down Date (as defined below)(each such date included in [(i) through (v) above], a “Representation Date”):

Representations and Warranties of the Company. The Company hereby makes the following representations and warranties to each Purchaser: