To be eligible to purchase the Units, a subscriber must be an “accredited investor” as defined in Rule 501 of Regulation D promulgated under the Securities Act (“Regulation D”), the requirements of which are described below, or must not be a “U.S. Person” as defined in Rule 902(k) promulgated under the Securities Act.

Financial Capability. The Purchaser at each Closing will have available funds necessary to consummate each Closing of the Purchase Securities to be purchased by it on the terms and conditions contemplated by this Agreement.

Technical Capability. Farmee has the technical capability, personnel, and resources to fulfill its obligations under this Agreement and the obligations attributable to the Farmee Interest under the Contract.

Material Suitability. Seller Covenants that each chemical substance constituting or contained in goods sold or otherwise transferred to Buyer is suitable for use and/or transport in any jurisdiction to or through which Buyer informs Seller the goods will likely be shipped or to or through which Seller otherwise has knowledge that shipment will likely occur and is listed on or in: # the list of chemical substances compiled and published by the Administrator of the U.S. Environmental Protection Agency pursuant to the U.S. Toxic Substances Control Act (“TSCA”) (15 U.S.C. § 2601), otherwise known as the TSCA Inventory, or exempted from such list under 40 CFR 720.30-38; # the Federal Hazardous Substances Act (P.L. 92-516) as amended; # the European Inventory of Existing Commercial Chemical Substances (“E1NECS”) as amended; # the European List of Notified Chemical Substances (“ELINCS”) and lawful standards and regulations thereunder; or # any equivalent or similar lists in any other jurisdiction to or through which Buyer informs Seller the goods will likely be shipped or to or through which Seller otherwise has knowledge that shipment will likely occur.

Each Jones Entity represents and warrants that it is a sophisticated investor, has had prior experience with investments of a similar nature and that such Jones Entity’s knowledge and experience in business and financial matters are such that it is capable of evaluating the risk of investment in the Shares and determining the suitability of its investment in the Shares.

FINANCIAL SUITABILITY

Experience. The Option Holder has sufficient knowledge and experience in financial and business matters so as to be capable of evaluating the merits and risks of its investment in the Option and the Purchase Shares. The Option Holder is capable of bearing the economic risks of such investment, including a complete loss of its investment.

#​ examined the equipment that tripped during the ​ event and has since upgraded its excitation and voltage regulation system to improve the Facility’s ability to ride-through voltage dips and maintain a constant high side voltage.

The Noteholder hereby acknowledges and represents that: # the Noteholder is a highly sophisticated investor with extensive knowledge and experience in business and financial matters, prior investment experience, including investment in securities that are non-listed, unregistered and/or not traded on a national securities exchange, # the Noteholder is capable of evaluating independently, and has evaluated independently the merits, risks and suitability of the potential purchase of the Securities and is able to bear the economic risk inherent in an investment in the Exchange Securities, and # the investment in the Shares by the Noteholder are for such Noteholder’s own account and not with a present view towards the public sale or distribution thereof, except pursuant to sales registered or exempted from registration under the Securities Act.

Investment Experience. ​ is an investor in speculative securities with companies that have no revenue or profits and lack liquidity and capital resources and has such knowledge, sophistication and experience in business and financial matters as to be capable of evaluating the risks of the investment in the Shares. ​ confirms that he is able to bear the economic risk of an investment in the Shares and is able to afford a complete loss of such investment.