Common use of Adequacy of Consideration Clause in Contracts

Adequacy of Consideration. The consideration Seller is receiving in exchange for the consideration Seller is giving under this Agreement is fair, just and reasonable. Seller believes that the Company's business is subject to high risks and Seller is aware that the value of the Shares is subject to considerable potential fluctuation and may now, or in the future, have an actual value substantially above, or below, the valuation ascribed to such Shares by the parties under this Agreement and it is possible that Seller might realize a higher value for the Shares if Seller held them for an additional period. In making Seller's determination to enter into this Agreement, Seller has relied on Seller's own advisors and their judgments and diligence, and on the representations and warranties of the Company contained herein and not on any advice or other information provided by the Company or its advisors.

Appears in 5 contracts

Samples: Stock Repurchase Agreement (Transmeta Corp), Stock Repurchase and Note Cancellation Agreement (Lexar Media Inc), Stock Repurchase and Notes Cancellation Agreement (Lexar Media Inc)

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Adequacy of Consideration. The consideration Seller is receiving in exchange for the consideration Seller is giving under this Agreement is fair, just and reasonable. Seller believes that the Company's ’s business is subject to high risks and Seller is aware that the value of the Repurchased Shares is subject to considerable potential fluctuation and may now, or in the future, have an actual value substantially above, or below, the valuation ascribed to such Repurchased Shares by the parties under this Agreement and it is possible that Seller might realize a higher value for the Repurchased Shares if Seller he held them for an additional period. In making Seller's ’s determination to enter into this Agreement, Agreement Seller has relied on Seller's ’s own advisors and their judgments and diligence, and on the representations and warranties of the Company contained herein and not on any advice or other information provided by the Company or its advisors.

Appears in 2 contracts

Samples: Stock Repurchase Agreement (Ign Entertainment Inc), Stock Repurchase Agreement (Ign Entertainment Inc)

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