Acknowledgment Regarding Purchaser’s Purchase of the Securities. The Company acknowledges and agrees that each Purchaser is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction contemplated hereby, and the relationship between each Purchaser and the Company, are “arms-length,” and that any statement made by a Purchaser (except as set forth in ARTICLE II), or any of its representatives or agents, in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation, is merely incidental to Purchaser’s purchase of the Securities and has not been relied upon as such in any way by the Company, its officers or directors. The Company further represents to each Purchaser that the Company’s decision to enter into this Agreement and the transactions contemplated hereby has been based solely on an independent evaluation by the Company and its representatives.
Appears in 4 contracts
Samples: Note and Warrant Purchase Agreement (Nexxus Lighting, Inc.), Preferred Stock and Warrant Purchase Agreement (Nexxus Lighting, Inc.), Note and Warrant Purchase Agreement (Nexxus Lighting, Inc.)
Acknowledgment Regarding Purchaser’s Purchase of the Securities. The Company acknowledges and agrees that each Purchaser is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction contemplated hereby, and the relationship between each Purchaser and the Company, are “arms-length,” and that any statement made by a Purchaser (except as set forth in ARTICLE II), or any of its representatives or agents, in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation, is merely incidental to Purchaser’s purchase of the Securities and has not been relied upon as such in any way by the Company, its officers or directors. The Company further represents to each Purchaser that the Company’s decision to enter into this Agreement and the transactions contemplated hereby has been based solely on an independent evaluation by the Company and its representatives.
Appears in 3 contracts
Samples: Common Stock and Warrant Purchase Agreement (Creative Computer Applications Inc), Common Stock and Warrant Purchase Agreement (Aspyra Inc), Common Stock and Warrant Purchase Agreement (Vubotics Inc)
Acknowledgment Regarding Purchaser’s Purchase of the Securities. The Company Issuer acknowledges and agrees that each Purchaser is not acting as a financial advisor or fiduciary of the Company Issuer (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction contemplated hereby, and the relationship between each Purchaser and the CompanyIssuer, are “arms-length,” and that any statement made by a Purchaser (except as set forth in ARTICLE IISection 3.2), or any of its representatives or agents, in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation, is merely incidental to Purchaser’s purchase of the Securities and has not been relied upon as such in any way by the CompanyIssuer, its officers or directors. The Company Issuer further represents to each Purchaser that the CompanyIssuer’s decision to enter into this Agreement and the transactions contemplated hereby has been based solely on an independent evaluation by the Company Issuer and its representatives.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Aspyra Inc), Securities Purchase Agreement (Aspyra Inc)
Acknowledgment Regarding Purchaser’s Purchase of the Securities. The Company acknowledges and agrees that each the Purchaser is acting independently and is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction contemplated hereby, and the relationship between each the Purchaser and the Company, are “"arms-length,” ", and that any statement made by a Purchaser (except as set forth in ARTICLE II)the Purchaser, or any of its representatives or agents, in connection with this Agreement and or the transactions contemplated hereby is not advice or a recommendation, is merely incidental to Purchaser’s purchase of the Securities and has not been relied upon as such in any way by the Company, its officers officers, directors or directorsother representatives. The Company further represents to each the Purchaser that the Company’s 's decision to enter into this Agreement and the transactions contemplated hereby has been based solely on an independent evaluation by the Company and its representatives.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Wynnchurch Capital Partners Lp), Securities Purchase Agreement (Alternative Resources Corp)
Acknowledgment Regarding Purchaser’s Purchase of the Securities. The Company acknowledges and agrees that each the Purchaser is acting independently and is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction contemplated hereby, and the relationship between each the Purchaser and the Company, are “"arms-length,” ", and that any statement made by a Purchaser (except as set forth in ARTICLE II)the Purchaser, or any of its representatives or agents, in connection with this Agreement and or the transactions contemplated hereby is not advice or a recommendation, is merely incidental to Purchaser’s 's purchase of the Securities and has not been relied upon as such in any way by the Company, its officers officers, directors or directorsother representatives. The Company further represents to each the Purchaser that the Company’s 's decision to enter into this Agreement and the transactions contemplated hereby has been based solely on an independent evaluation by the Company and its representatives.
Appears in 1 contract
Samples: Securities Purchase Agreement (Insignia Solutions PLC)
Acknowledgment Regarding Purchaser’s Purchase of the Securities. The Company acknowledges and agrees that each Purchaser is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction contemplated hereby, and the relationship between each Purchaser and the Company, are “arms-length,” and that any statement made by a Purchaser (except as set forth in ARTICLE II), or any of its representatives or agents, in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation, is merely incidental to Purchaser’s purchase of the Securities and has not been relied upon as such in any way by the Company, its officers or directors. The Company further represents to each Purchaser that the Company’s decision to enter into this Agreement and the transactions contemplated hereby has been based solely on an independent evaluation by the Company and its representatives.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Progressive Gaming International Corp)
Acknowledgment Regarding Purchaser’s Purchase of the Securities. The Company acknowledges and agrees that each Purchaser is acting independently and is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction contemplated hereby, and the relationship between each Purchaser and the Company, are “"arms-length,” ", and that that, except for Purchasers' representations in Article 2 hereof, any statement made by a Purchaser (except as set forth in ARTICLE II)any Purchaser, or any of its representatives or agents, in connection with this Agreement and or the transactions contemplated hereby is not advice or a recommendation, is merely incidental to such Purchaser’s 's purchase of the Securities and has not been relied upon as such in any way by the Company, its officers officers, directors or directorsother representatives. The Company further represents to each Purchaser that the Company’s 's decision to enter into this Agreement and the transactions contemplated hereby has been based solely on an independent evaluation by the Company and its representatives.
Appears in 1 contract
Samples: Securities Purchase Agreement (Westell Technologies Inc)
Acknowledgment Regarding Purchaser’s Purchase of the Securities. The Company acknowledges and agrees that each Purchaser is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction contemplated hereby, and the relationship between each Purchaser and the Company, are “"arms-length,” " and that any statement made by a Purchaser (except as set forth in ARTICLE II), or any of its representatives or agents, in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation, is merely incidental to Purchaser’s 's purchase of the Securities and has not been relied upon as such in any way by the Company, its officers or directors. The Company further represents to each Purchaser that the Company’s 's decision to enter into this Agreement and the transactions contemplated hereby has have been based solely on an independent evaluation by the Company and its representatives.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Miravant Medical Technologies)
Acknowledgment Regarding Purchaser’s Purchase of the Securities. The Company acknowledges and agrees that each Purchaser is not acting as a financial advisor or fiduciary of the Company or any of its Subsidiaries (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction contemplated hereby, and the relationship between each Purchaser and the Company, are “"arms-length,” ", and that any statement made by a any Purchaser (except as set forth in ARTICLE Article II), or any of its representatives or agents, in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation, is merely incidental to each Purchaser’s 's purchase of the Securities and has not been relied upon as such in any way by the Company, its officers or directors. The Company further represents to each Purchaser that the Company’s 's decision to enter into this Agreement and the transactions contemplated hereby has have been based solely on an independent evaluation by the Company and its representatives.
Appears in 1 contract
Acknowledgment Regarding Purchaser’s Purchase of the Securities. The --------------------------------------------------------------- Company acknowledges and agrees that each the Purchaser is acting independently and is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction transactions contemplated hereby, and the relationship between each the Purchaser and the Company, are “arms-"arms- length,” ", and that any statement made by a Purchaser (except as set forth in ARTICLE II)the Purchaser, or any of its representatives or agents, in connection with this Agreement and or the transactions contemplated hereby is not advice or a recommendation, is merely incidental to the Purchaser’s 's purchase of the Securities and has not been relied upon as such in any way by the Company, its officers officers, directors or directorsother representatives. The Company further represents to each the Purchaser that the Company’s 's decision to enter into this Agreement and the transactions contemplated hereby has been based solely on an independent evaluation by the Company and its representatives.
Appears in 1 contract
Acknowledgment Regarding Purchaser’s Purchase of the Securities. The Company acknowledges and agrees that each Purchaser is not acting as a financial advisor or fiduciary of the Company or any of its subsidiaries (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction contemplated hereby, and the relationship between each the Purchaser and the Company, are “"arms-length,” ", and that any statement made by a Purchaser (except as set forth in ARTICLE Article II), or any of its representatives or agents, in connection with this Agreement and the transactions contemplated hereby is not advice or a recommendation, is merely incidental to Purchaser’s 's purchase of the Securities and has not been relied upon as such in any way by the Company, its officers or directors. The Company further represents to each Purchaser that the Company’s 's decision to enter into this Agreement and the transactions contemplated hereby has have been based solely on an independent evaluation by the Company and its representatives.
Appears in 1 contract
Acknowledgment Regarding Purchaser’s Purchase of the Securities. The Company acknowledges and agrees that each Purchaser is not acting as a financial advisor or fiduciary of the Company or any of its subsidiaries (or in any similar capacity) with respect to this Agreement or the transactions contemplated hereby, that this Agreement and the transaction contemplated hereby, and the relationship between each the Purchaser and the Company, are “"arms-length,” ", and that any statement made by a Purchaser (except as set forth in ARTICLE Article II), ) or any of its representatives or agents, in connection with this Agreement Agreement, and the transactions contemplated hereby is not advice or a recommendation, is merely incidental to Purchaser’s 's purchase of the Securities and (except as set forth in Article II) has not been relied upon as such in any way by the Company, its officers or directors. The Company further represents to each Purchaser that the Company’s 's decision to enter into this Agreement and the transactions contemplated hereby has have been based solely on an independent evaluation by the Company and its representatives.
Appears in 1 contract
Samples: Securities Purchase Agreement (Base Ten Systems Inc)