Accredited Investor; Non-U.S. Person. Each Daifu Shareholder is a “non-US Person” as that term is defined in Regulation S promulgated under the Securities Act. Each Daifu Shareholder is able to bear the economic risk of acquiring the Company Shares pursuant to the terms of this Agreement, including a complete loss of such Daifu Shareholder’s investment in the Company Shares. Each Daifu Shareholder is acquiring the Company Shares for his, her or its own account, and not with a view toward resale or distribution thereof.
Accredited Investor; Non-U.S. Person. Each of Shareholder and Licensor is an “Accredited Investor” as that term is defined in Rule 501 of Regulation D of the Securities Act or not a “U.S. Person” as such term is defined by Rule 902 of Regulation S of the Securities Act. Each of Shareholder and Licensor is able to bear the economic risk of acquiring the VIASPACE Related Securities pursuant to the terms of this Agreement, including a complete loss of investment in the VIASPACE Related Securities.
Accredited Investor; Non-U.S. Person. The Company Shareholder is either (i) an accredited investor as defined in Rule 501(a) of Regulation D promulgated under the Securities Act, or (ii) a Non U.S. Person as defined under Regulation S promulgated under the Securities Act. To the extent that the Company Shareholder is a non U.S. Person, such Company Shareholder (x) is not receiving his/her/its portion of the Aggregate Stock Consideration for the account or benefit of any U.S. Person, (y) is not, at the time of execution of this Agreement, and will not be, at the time of the issuance of his/her/its portion of the Aggregate Stock Consideration, in the United States and (z) is not a “distributor” (as defined in Regulation S promulgated under the Securities Act).
Accredited Investor; Non-U.S. Person. The Remaining Shareholder is either: (i) an “accredited investor” as defined in Rule 501(a) of Regulation D promulgated under the Securities Act or (ii) not a U.S. Person as defined in Regulation S promulgated under the Securities Act.
Accredited Investor; Non-U.S. Person. Such Seller is either (i) an “accredited investor” as defined by Rule 501 under the Securities Act of 1933, as amended (the “Act”), and is capable of evaluating the merits and risks of its investment in shares of Buyer’s Stock and the Notes and has the capacity to protect its own interests or (ii) not a US Person within the meaning of Rule 902(o) of Regulation S promulgated under the Act.
