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Common use of Ability to Bear Risk Clause in Contracts

Ability to Bear Risk. The Employee represents and warrants as follows: (i) the Employee understands that the rights of first refusal and other transfer restrictions that apply to the Shares may effectively preclude the transfer of any of the Shares prior to a Public Offering; (ii) the financial situation of the Employee is such that he or she can afford to bear the economic risk of holding the Shares for an indefinite period; (iii) the Employee can afford to suffer the complete loss of his or her investment in the Shares; and (iv) the Employee understands that the Company’s Financing Agreements may restrict the ability of the Company to repurchase the Shares pursuant to Section 5 and that the Company and its Subsidiaries may enter into or amend, refinance or enter into new Financing Agreements without regard to the impact on the Company’s ability to repurchase the Shares.

Appears in 5 contracts

Samples: Employee Stock Subscription Agreement (Servicemaster Co), Employee Stock Subscription Agreement (Servicemaster Co), Employee Stock Subscription Agreement (Servicemaster Co)

Ability to Bear Risk. The Employee represents and warrants as follows: (i) the Employee understands that the rights of first refusal and other transfer restrictions that apply to the Shares may effectively preclude the transfer of any of the Shares prior to a Public Offering; (ii) the financial situation of the Employee is such that he or she can afford to bear the economic risk of holding the Shares for an indefinite period; (iii) the Employee can afford to suffer the complete loss of his or her investment in the Shares; and (iv) the Employee understands that the Company’s Financing Agreements may restrict the ability of the Company to repurchase the Shares pursuant to Section 5 and that the Company and its the Subsidiaries may enter into or amend, refinance or enter into new Financing Agreements without the consent of the Employee and without regard to the impact on the Company’s ability to repurchase the Shares.

Appears in 5 contracts

Samples: Employee Stock Subscription Agreement (SiteOne Landscape Supply, Inc.), Employee Stock Subscription Agreement (PharMEDium Healthcare Holdings, Inc.), Employee Stock Option Agreement (PharMEDium Healthcare Holdings, Inc.)

Ability to Bear Risk. The Employee represents and warrants as follows: (i) the Employee understands that the rights of first refusal and other transfer restrictions that apply to the Shares may effectively preclude the transfer of any of the Shares prior to a Public Offering; (ii) the financial situation of the Employee is such that he or she can afford to bear the economic risk of holding the Shares for an indefinite period; (iii) the Employee can afford to suffer the complete loss of his or her investment in the Shares; and; (iv) the Employee understands that the Company’s 's Financing Agreements may restrict the ability of the Company to repurchase the Shares pursuant to Section 5 6 and that the Company and its Subsidiaries may enter into or amend, refinance or enter into new Financing Agreements without regard to the impact on the Company’s 's ability to repurchase the Shares; and (v) the Employee understands the special obligations and provisions that are found in Section 7.

Appears in 2 contracts

Samples: Employee Stock Subscription Agreement (RSC Holdings III, LLC), Employee Stock Subscription Agreement (RSC Holdings Inc.)

Ability to Bear Risk. The Employee represents and warrants as follows: (i) the Employee understands that the rights of first refusal and other transfer restrictions that apply to the Shares may effectively preclude the transfer of any of the Shares prior to a Public Offering; (ii) the financial situation of the Employee is such that he or she can afford to bear the economic risk of holding the Shares for an indefinite period; (iii) the Employee can afford to suffer the complete loss of his or her investment in the Shares; and (iv) the Employee understands that the Company’s Financing Agreements may restrict the ability of the Company to repurchase the Shares pursuant to Section 5 and that the Company and its Subsidiaries subsidiaries may enter into or amend, refinance or enter into new Financing Agreements without regard to the impact on the Company’s ability to repurchase the Shares.

Appears in 2 contracts

Samples: Employee Stock Subscription Agreement (VWR International, Inc.), Employee Stock Subscription Agreement (VWR International, Inc.)

Ability to Bear Risk. The Employee Director represents and warrants as follows: (i) the Employee Director understands that the rights of first refusal and other transfer restrictions that apply to the Shares may effectively preclude the transfer of any of the Shares prior to a Public Offering; (ii) the financial situation of the Employee Director is such that he or she can afford to bear the economic risk of holding the Shares for an indefinite period; (iii) the Employee Director can afford to suffer the complete loss of his or her investment in the Shares; and (iv) the Employee Director understands that the Company’s Financing Agreements may restrict the ability of the Company to repurchase the Shares pursuant to Section 5 and that the Company and its Subsidiaries may enter into or amend, refinance or enter into new Financing Agreements without regard to the impact on the Company’s ability to repurchase the Shares.

Appears in 1 contract

Samples: Director Stock Subscription Agreement (Servicemaster Co, LLC)

Ability to Bear Risk. The Employee represents Director represents, warrants and warrants covenants as follows: (i) the Employee Director understands that the rights of first refusal and other transfer restrictions that apply to the Shares may effectively preclude the transfer of any of the Shares prior to a Public Offering; (ii) the financial situation of the Employee Director is such that he or she can afford to bear the economic risk of holding the Shares for an indefinite period; (iii) the Employee Director can afford to suffer the complete loss of his or her investment interest in the Shares; and (iv) the Employee Director understands that the Company’s Financing Agreements may restrict the ability of the Company to repurchase the Shares pursuant to Section 5 and that the Company and its Subsidiaries may enter into or amend, refinance or enter into new Financing Agreements without regard to the impact on the Company’s ability to repurchase the Shares.

Appears in 1 contract

Samples: Director Restricted Stock Agreement (Servicemaster Global Holdings Inc)

Ability to Bear Risk. The Employee represents and warrants as follows: (i) the Employee understands that the rights of first refusal and other transfer restrictions that apply to the Shares may effectively preclude the transfer of any of the Shares prior to a Public OfferingShares; (ii) the financial situation of the Employee is such that he or she can afford to bear the economic risk of holding the Shares for an indefinite period; (iii) the Employee can afford to suffer the complete loss of his or her investment in the Shares; and (iv) the Employee understands that the Company’s Financing Agreements may restrict the ability of the Company to repurchase the Shares pursuant to Section 5 and that the Company and its Subsidiaries may enter into or amend, refinance or enter into new Financing Agreements without regard to the impact on the Company’s ability to repurchase the Shares.

Appears in 1 contract

Samples: Employee Stock Option Agreement (Univar Inc.)

Ability to Bear Risk. The Employee represents and warrants as follows: (i) the Employee understands that the rights of first refusal and other transfer restrictions that apply to the Shares may effectively preclude the transfer of any of the Shares prior to a Public Offering; (ii) the financial situation of the Employee is such that he or she can afford to bear the economic risk of holding the Shares for an indefinite period; (iii) the Employee can afford to suffer the complete loss of his or her investment in the Shares; and (iv) the Employee understands that the Company’s Financing Agreements may restrict the ability of the Company to repurchase the Shares pursuant to Section 5 and that the Company and its Subsidiaries may enter into or amend, refinance or enter into new Financing Agreements without regard to the impact on the Company’s ability to repurchase the Shares.

Appears in 1 contract

Samples: Employee Stock Subscription Agreement (Unistrut International Holdings, LLC)