Informed Investment Decision. Based on the information such Purchaser has deemed appropriate, it has independently made its own analysis and decision to enter into the Transaction Documents. Such Purchaser has sought its own accounting, legal and tax advice as it has considered necessary to make an informed decision with respect to its acquisition of the Securities.
Informed Investment Decision. Each of the Investors further represents and warrants that in order to make an informed decision in connection with the purchase of the Securities:
Informed Investment Decision. The Purchasers have received all information that they requested from the Company in order to make an informed investment decision with respect to the Shares.
Informed Investment Decision. Each Unitholder acknowledges that it or its business representative or attorney is familiar with this Agreement and with the business and affairs of the Company and that it or its business representative or attorney has obtained such information respecting the Company, its properties and its business and the Unitholders as it has required in order to make an informed investment decision. Each Unitholder acknowledges that
Informed Investment Decision. The Seller has such knowledge and experience in financial and business matters such that it is capable of evaluating the merits and risks of the sale contemplated by this Agreement and has made an independent decision to sell the JV Interest. Based on the knowledge and experience of the Seller, it has reviewed the merits and risks of the transactions contemplated by this Agreement, and, where necessary, has reviewed all material information. The Seller is entering into this Agreement freely and understands and expressly accepts and assumes the economic and market risk associated with the transactions contemplated by this Agreement. The Seller acknowledges that the value of the JV Interest in the future may be substantially higher than the Purchase Price, but nevertheless desires to sell the JV Interest for the Purchase Price. The Seller has been advised to, and given the opportunity to, consult with counsel of the Seller’s own choosing with respect to this Agreement, and has not relied upon counsel for the Buyer or the Company in connection with this Agreement. The Seller has not relied on any information (in any form, whether written or oral) furnished by the Buyer or the Company, or their respective representatives, in making its decision to effect the transactions contemplated by this Agreement.
Informed Investment Decision. Each Holder has the ability to bear the economic risks of the Inducement Shares and the shares of Common Stock issued upon conversion of the Conversion Notes and is able to afford the complete loss of such investment. Each Holder has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of the investment in the Inducement Shares and the shares of Common Stock issued upon conversion of the Conversion Notes. Each Holder has relied solely on its own investigations in making a decision to participate in the Conversion Transaction, and has received no representation or warranty from the Company or any of its affiliates, employees or agents in connection with the transactions contemplated by this Agreement, other than those set forth in this Agreement. Each Holder has had an opportunity to ask questions regarding the Conversion Notes, the Inducement Shares, the shares of Common Stock issued upon conversion of the Conversion Notes and the business of the Company, and has acquired sufficient information about the Company to reach an informed decision to execute and deliver and perform under this Agreement. There has been made available to each Holder and its advisors the opportunity to ask questions of, and receive answers from the Company concerning the terms and conditions of the investment in the Inducement Shares and the shares of Common Stock issued upon conversion of the Conversion Notes and to obtain the documents publicly filed with the Securities and Exchange Commission (the “Commission”) by the Company and any additional information, to the extent that the Company possesses such information, or can acquire it without unreasonable effort or expense, necessary to verify the accuracy of the information given to it, or to otherwise make an informed investment decision, and that each Holder has had an opportunity to consult with counsel and other advisers about the execution and delivery and performance under this Agreement and an investment in the Inducement Shares and the shares of Common Stock issued upon conversion of the Conversion Notes, and that all material documents, records and books pertaining to such have, on request, been made available to each Holder and its advisors.
Informed Investment Decision. Subject to the representations and warranties of the Debtors set forth in this Agreement (the truth and accuracy of which such Backstop Party has relied), (a) such Backstop Party has conducted its own independent evaluation, made its own independent review and analysis of the business and affairs of the Debtors and consulted with advisors as it has deemed necessary, prudent, or advisable in order for such Backstop Party to make its own determination and informed investment decision to execute and deliver this Agreement and enter into the Contemplated Transactions and acquire the Backstop Securities and (b) such Backstop Party has adequate information to evaluate the Contemplated Transactions and has had the opportunity to discuss such information with its advisors.
Informed Investment Decision. The Stockholder has been provided access to and the opportunity to review all material financial and business records of the Company, and to ask such questions of the officers of the Company, as necessary to make a deliberate and informed decision as to whether to forfeit the Forfeited Shares to the Company on the terms provided in this Agreement. The Stockholder has such knowledge and experience in financial or business matters and with respect to the Company’s business, financial condition, operating results and prospects that the Stockholder is capable of evaluating the merits and risks of the forfeiture contemplated by this Agreement. Based on the knowledge and experience of the Stockholder, the Stockholder has reviewed the merits and risks of the transaction contemplated by this Agreement, and, where necessary, has reviewed all material information made available to the Stockholder. The Stockholder has been advised to, and given the opportunity to, consult with counsel of the Stockholder’s own choosing with respect to this Agreement and has not relied upon counsel for the Company in connection with this Agreement.
Informed Investment Decision. GF has appointed one ---------------------------- representative to serve as a director of the Company and such representative has, at all times since GF's acquisition of the Shares, served in such capacity. GF's representative has participated in policy-making decisions regarding the business of the Company and has been provided with information, financial and otherwise, sufficient to allow such representative to serve as a director in accordance with his or her fiduciary obligations to the stockholders of the Company. The Selling Shareholder hereby confirms and acknowledges that, in making an investment decision to dispose of the Shares, the Selling Shareholder has received sufficient information through such representative as to the business, operation, and finances of the Company to permit it to make an informed investment decision, that the Selling Shareholder has received all information requested by it, and that it is capable of evaluating the merits or risks (if any) of such investment decision.
Informed Investment Decision. The undersigned further represents ---------------------------- and warrants that in order to make an informed decision in connection with the purchase of the Subordinated Convertible Promissory Note, Warrant and the underlying shares of Common Stock:
