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Common use of Acknowledgment Regarding Purchasers’ Purchase of Shares Clause in Contracts

Acknowledgment Regarding Purchasers’ Purchase of Shares. The Company acknowledges and agrees that the Purchaser is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the Related Agreements and the transactions contemplated hereby and thereby. The Company further acknowledges that the Purchaser is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity with respect to the Company) with respect to this Agreement and the Related Agreements and the transactions contemplated hereby and thereby and any advice given by the Purchaser or any of its respective representatives or agents to the Company in connection with this Agreement and the Related Agreements and the transactions contemplated hereby and thereby is merely incidental to the Purchaser’s purchase of the Shares. The Company further represents to the Purchaser that the Company’s decision to enter into this Agreement and the Related Agreements has been based on the independent evaluation of the transactions contemplated hereby and thereby by the Company and its representatives.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Fuelcell Energy Inc), Securities Purchase Agreement (Fuelcell Energy Inc), Securities Purchase Agreement (Fuelcell Energy Inc)

Acknowledgment Regarding Purchasers’ Purchase of Shares. The Company acknowledges and agrees that the Purchaser is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the Related Agreements and the transactions contemplated hereby and thereby. The Based on the representations made herein by the Purchaser, the Company further acknowledges that the Purchaser is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity capacity) with respect to the Company) with respect to this Agreement and the Related Agreements Transaction Documents and the transactions contemplated hereby and thereby and any advice given by the Purchaser or any of its respective representatives or agents to the Company in connection with this Agreement and the Related Agreements Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to the Purchaser’s purchase of the Shares. The Company further represents to the Purchaser that the Company’s decision to enter into this Agreement and the Related Agreements other Transaction Documents has been based solely on the independent evaluation of the transactions contemplated hereby and thereby by the Company and its representativesrepresentatives and agents.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Aveo Pharmaceuticals Inc)

Acknowledgment Regarding Purchasers’ Purchase of Shares. The Company acknowledges and agrees that that, to the Purchaser knowledge of the Company, each of the Purchasers is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the Related Agreements Transaction Documents and the transactions contemplated hereby and thereby. The Company further acknowledges that that, to the knowledge of the Company, no Purchaser is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity capacity) with respect to the Company) with respect to this Agreement and the Related Agreements Transaction Documents and the transactions contemplated hereby and thereby and any advice given by the any Purchaser or any of its their respective representatives or agents to the Company in connection with this Agreement and the Related Agreements Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to the Purchaser’s Purchasers’ purchase of the Shares. The Company further represents to the each Purchaser that the Company’s decision to enter into this Agreement and the Related Agreements other Transaction Documents has been based solely on the independent evaluation of the transactions contemplated hereby and thereby by the Company and its representatives.

Appears in 1 contract

Samples: Securities Purchase Agreement (Eyegate Pharmaceuticals Inc)

Acknowledgment Regarding Purchasers’ Purchase of Shares. The Based upon the assumption that the transactions contemplated by this Agreement are consummated in all material respects in conformity with the Transaction Documents, the Company acknowledges and agrees that each of the Purchaser Purchasers is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the Related Agreements Transaction Documents and the transactions contemplated hereby and thereby. The Company further acknowledges that the no Purchaser is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity with respect to the Companycapacity) with respect to this Agreement and the Related Agreements and the transactions contemplated hereby and thereby and any advice given by the any Purchaser or any of its their respective representatives or agents to the Company in connection with this Agreement and the Related Agreements Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to the Purchaser’s Purchasers’ purchase of the Shares. The Company further represents to the each Purchaser that the Company’s decision to enter into this Agreement and the Related Agreements has been based solely on the independent evaluation of the transactions contemplated hereby and thereby by the Company and its representatives.

Appears in 1 contract

Samples: Securities Purchase Agreement (Solar Power, Inc.)

Acknowledgment Regarding Purchasers’ Purchase of Shares. The Company acknowledges and agrees that each of the Purchaser Purchasers is acting solely in the capacity of an arm’s 's length purchaser with respect to this Agreement and the Related Agreements Transaction Documents and the transactions contemplated hereby and therebyhereby. The Company further acknowledges that the no Purchaser is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity with respect to the Companycapacity) with respect to this Agreement and the Related Agreements and the transactions contemplated hereby and thereby and any advice given by the any Purchaser or any of its their respective representatives or agents to the Company in connection with this Agreement and the Related Agreements and the transactions contemplated hereby and thereby is merely incidental to the Purchaser’s Purchasers’ purchase of the Shares. The Company further represents to the each Purchaser that the Company’s decision to enter into this Agreement and the Related Agreements has been based solely on the independent evaluation of the transactions contemplated hereby and thereby by the Company and its representatives. Each Purchaser acknowledges and agrees that the Company does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.1.

Appears in 1 contract

Samples: Securities Purchase Agreement (LML Payment Systems Inc)

Acknowledgment Regarding Purchasers’ Purchase of Shares. The Company acknowledges and agrees that each of the Purchaser Purchasers is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the Related Agreements Transaction Documents and the transactions contemplated hereby and thereby. The Company further acknowledges that the no Purchaser is not acting as a financial advisor or financial fiduciary of the Company (or in any similar capacity capacity) with respect to the Company) with respect to this Agreement and the Related Agreements Transaction Documents and the transactions contemplated hereby and thereby and any advice given by the Purchaser any Purchaser, in such Purchaser’s capacity as a Purchaser, or any of its their respective representatives or agents to the Company in connection with this Agreement and the Related Agreements Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to the Purchaser’s Purchasers’ purchase of the Shares. The Company further represents to the each Purchaser that the Company’s decision to enter into this Agreement and the Related Agreements other Transaction Documents has been based solely on the independent evaluation of the transactions contemplated hereby and thereby by the Company and its representatives.

Appears in 1 contract

Samples: Securities Purchase Agreement (Seres Therapeutics, Inc.)

Acknowledgment Regarding Purchasers’ Purchase of Shares. The Company acknowledges and agrees that the each Purchaser is acting solely in the capacity of an arm’s length purchaser with respect to this Agreement and the Related Agreements other Transaction Documents and the transactions contemplated hereby and thereby. The Company further acknowledges that the Purchaser each Purchasers is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity with respect to the Companycapacity) with respect to this Agreement and or the Related Agreements other Transaction Documents and the transactions contemplated hereby and thereby and any advice given by the such Purchaser or any of its respective representatives or agents to the Company in connection with this Agreement and the Related Agreements other Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to the Purchaser’s purchase Purchasers’ purchases of the Shares. The Company further represents to the Purchaser Purchasers that the Company’s decision to enter into this Agreement and the Related Agreements other Transaction Documents has been based solely on the independent evaluation of the transactions contemplated hereby and thereby by the Company and its representatives.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Stemcells Inc)