Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor is acting solely in the capacity of arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by Investor or any of its representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s purchase of the Securities. The Company further represents to Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 33 contracts
Samples: Security Agreement (NYXIO TECHNOLOGIES Corp), Securities Purchase Agreement (Bionovo Inc), Securities Purchase Agreement (Marina Biotech, Inc.)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor each of the Investors is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made advice given by any Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s the Investors’ purchase of the Securities. The Company further represents to each Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its representatives.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Yield10 Bioscience, Inc.), Securities Purchase Agreement (Yield10 Bioscience, Inc.), Securities Purchase Agreement (Yield10 Bioscience, Inc.)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by Investor or any of its representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s purchase of the Securities. The Company further represents to Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Catasys, Inc.), Securities Purchase Agreement (Catasys, Inc.), Securities Purchase Agreement (Catasys, Inc.)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor each of the Investors is acting solely in the capacity of arm’s an arm’s-length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made advice given by any Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s the Investors’ purchase of the Securities. The Company further represents to each Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its representatives.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Vermillion, Inc.), Securities Purchase Agreement (Biolase, Inc), Securities Purchase Agreement (Feinberg Larry N)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor is acting solely in the capacity of arm’s length purchaser purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s purchase of the Securities. The Company further represents to Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Cord Blood America, Inc.), Preferred Stock Purchase Agreement (Cord Blood America, Inc.), Preferred Stock Purchase Agreement (Iceweb Inc)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor each of the Investors is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement the Purchased Securities and the transactions contemplated herebythereby. The Company further acknowledges that no Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made advice given by any Investor or any of its representatives their respective Representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to such Investor’s purchase of the Purchased Securities. The Company further represents to each Investor that the Company’s decision to enter into this Agreement and the other Transaction Documents has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its representativesRepresentatives.
Appears in 3 contracts
Samples: Securities Purchase and Registration Rights Agreement (AIT Therapeutics, Inc.), Securities Purchase and Registration Rights Agreement (AIT Therapeutics, Inc.), Securities Purchase and Registration Rights Agreement (AIT Therapeutics, Inc.)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that the Investor is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that the Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by the Investor or any of its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Investor’s purchase of the Securities. The Company further represents to the Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 2 contracts
Samples: Note Purchase Agreement (Advanced Growing Systems, Inc.), Unit Purchase Agreement (Tactical Air Defense Services, Inc.)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor is the Investors are acting solely in the capacity of arm’s 's length purchaser purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by any Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s the Investors' purchase of the Securities. The Company further represents to each Investor that the Company’s 's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Able Telcom Holding Corp), Convertible Preferred Stock Purchase Agreement (Able Telcom Holding Corp)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that the Investor is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that the Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by the Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Investor’s purchase of the Securities. The Company further represents to the Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 2 contracts
Samples: Securities Purchase Agreement (NYXIO TECHNOLOGIES Corp), Securities Purchase Agreement (NYXIO TECHNOLOGIES Corp)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company ---- ---------------------------------------------------------- acknowledges and agrees that Investor is the Investors are acting solely in the capacity of arm’s 's length purchaser purchasers with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by any Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s the Investors' purchase of the Securitiessecurities hereunder. The Company further represents to each Investor that the Company’s 's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Canisco Resources Inc), Securities Purchase Agreement (Morse Partners LTD)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor each of the Investors is acting solely in the capacity of an arm’s 's length purchaser Investor with respect to this Agreement the Transaction Documents and the transactions contemplated hereby. The Company further acknowledges that no Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made advice given by any Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s the Investors' purchase of the Securities. The Company further represents to each Investor that the Company’s 's decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its representatives.
Appears in 2 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Bluefly Inc), Preferred Stock and Warrant Purchase Agreement (Soros Fund Management LLC)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor is Investors are acting solely in the capacity of arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that Investor is Investors are not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by Investor Investors or any of its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s the Investors’ purchase of the Securities. The Company further represents to Investor Investors that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 1 contract
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that such Investor is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement the Transaction Documents and the transactions contemplated hereby. The Company further acknowledges that such Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made advice given by any Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to such Investor’s purchase of the Securities. The Company further represents to such Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its representatives.
Appears in 1 contract
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that the Investor is acting solely in the capacity of an arm’s 's length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that the Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by the Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Investor’s 's purchase of the Securities. The Company further represents to the Investor that the Company’s 's decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 1 contract
Samples: Securities Purchase Agreement (Dewmar International BMC, Inc.)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor each of the Investors is acting solely in the capacity of an arm’s 's length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Investor is not acting as a financial advisor or fiduciary of the Company or any other Investor (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made advice given by any Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s the Investors' purchase of the Securities. The Company further represents to each Investor that the Company’s 's decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its representatives.
Appears in 1 contract
Samples: Securities Purchase Agreement (Superconductor Technologies Inc)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that the Investor is acting solely in the capacity of an arm’s length purchaser Investor with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that the Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made advice given by the Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Investor’s purchase of the SecuritiesShares. The Company further represents to the Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its representatives.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Imago BioSciences, Inc.)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor is acting solely in the capacity of arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s purchase of the Securities. The Company further represents to Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Medis Technologies LTD)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor is Investors are acting solely in the capacity of arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that Investor is Investors are not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by Investor Investors or any of its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investorthe Investors’s purchase of the Securities. The Company further represents to Investor Investors that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 1 contract
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor each of the Investors is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that no Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made advice given by any Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s the Investors’ purchase of the SecuritiesShares. The Company further represents to each Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its representatives.
Appears in 1 contract
Samples: Securities Purchase Agreement (Yield10 Bioscience, Inc.)
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor is acting solely in the capacity of arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by Investor or any of its respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to the Investor’s purchase of the Securities. The Company further represents to Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 1 contract
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that Investor is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the transactions contemplated hereby. The Company further acknowledges that Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement and the transactions contemplated hereby and any statement made by Investor or any of its their respective representatives or agents in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation and is merely incidental to Investor’s purchase of the SecuritiesShares. The Company further represents to Investor that the Company’s decision to enter into this Agreement has been based solely on the independent evaluation of the Company and its representatives.
Appears in 1 contract
Acknowledgment Regarding Investor’s Purchase of Securities. The Company acknowledges and agrees that the Investor is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement the Transaction Documents and the transactions contemplated herebyTransactions. The Company further acknowledges that the Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement the Transaction Documents and the transactions contemplated hereby Transactions and any statement made advice given by the Investor or any of its representatives or agents in connection with this Agreement the Transaction Documents and the transactions contemplated hereby is not advice or a recommendation and Transactions is merely incidental to the Investor’s purchase of the SecuritiesShares and Warrants. The Company further represents to the Investor that the Company’s decision to enter into this Agreement and the other Transaction Documents has been based solely on the independent evaluation of the Transactions by the Company and its representatives.
Appears in 1 contract