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Common use of ACKNOWLEDGEMENT AND CONFIRMATION Clause in Contracts

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2010 Annual Report, the 2011 Quarterly Report and the Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports and the Risk Factors. Each Securityholder is urged to read the Risk Factors and the SEC Reports in their entirety. The undersigned further agrees that it has taken the opportunity to review such SEC Reports and Risk Factors in their entirety, including the risk factors described in such SEC Reports, and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.

Appears in 2 contracts

Samples: Option Exchange Agreement (Skinny Nutritional Corp.), Option Exchange Agreement (Skinny Nutritional Corp.)

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2010 2009 Annual Report, the 2011 2010 Quarterly Report Reports and the Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and the Risk Factors. Each Securityholder each Subscriber is urged to read the Risk Factors and the SEC Reports each such report in their its entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such SEC Reports and Risk Factors reports in their entirety, including the risk factors described in such SEC Reportstherein, and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.

Appears in 2 contracts

Samples: Subscription Agreement (Skinny Nutritional Corp.), Subscription Agreement (Skinny Nutritional Corp.)

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2010 Annual Report, the 2011 Quarterly Report Reports and the Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and the Risk Factors. Each Securityholder each Subscriber is urged to read the Risk Factors and the SEC Reports each such report in their its entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such SEC Reports and Risk Factors reports in their entirety, including the risk factors described in such SEC Reportstherein, and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.

Appears in 1 contract

Samples: Confidential Subscription Agreement (Skinny Nutritional Corp.)

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2010 2013 Annual Report, the 2011 2014 Quarterly Report Reports and the Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and the Risk Factors. Each Securityholder each Subscriber is urged to read each such report in its entirety including the Risk Factors and the SEC Reports in their entiretyFactors” stated therein. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such SEC Reports and Risk Factors reports in their entirety, including the risk factors described in such SEC Reportstherein, and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securitiesConvertible Notes.

Appears in 1 contract

Samples: Confidential Subscription Agreement (Xenonics Holdings, Inc.)

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2010 Annual Report2007 Amendment, the 2011 Quarterly Report Form 8-K and the Current Reports 2008 Annual Report (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and the Risk Factors. Each Securityholder each Subscriber is urged to read the Risk Factors and the SEC Reports each such report in their its entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such SEC Reports and Risk Factors reports in their entirety, including the risk factors described in such SEC Reports, entirety and that it is has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.

Appears in 1 contract

Samples: Subscription Agreement (Skinny Nutritional Corp.)

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2010 2009 Annual Report, the 2011 2009 Quarterly Report Reports and the Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and the Risk Factors. Each Securityholder each Subscriber is urged to read the Risk Factors and the SEC Reports each such report in their its entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such SEC Reports and Risk Factors reports in their entirety, including the risk factors described in such SEC Reportstherein, and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.

Appears in 1 contract

Samples: Subscription Agreement (Skinny Nutritional Corp.)

ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2010 2007 Amendment, the Restatement Form 8-K, the 2008 Annual Report, the 2011 2009 Quarterly Report Reports and the 2009 Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and the Risk Factors. Each Securityholder each Subscriber is urged to read the Risk Factors and the SEC Reports each such report in their its entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such SEC Reports and Risk Factors reports in their entirety, including the risk factors described in such SEC Reports, entirety and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.

Appears in 1 contract

Samples: Subscription Agreement (Skinny Nutritional Corp.)