Common use of Capacity to Protect Interests Clause in Contracts

Capacity to Protect Interests. The CEO has either (a) a preexisting personal or business relationship with the Company or any of its officers, directors, or controlling persons, consisting of personal or business contacts of a nature and duration to enable the CEO to be aware of the character, business acumen and general business and financial circumstances of the person with whom such relationship exists, or (b) such knowledge and experience in financial and business matters (or has relied on the financial and business knowledge and experience of the CEO’s professional advisor who is unaffiliated with and who is not, directly or indirectly, compensated by the Company or any affiliate or selling agent of the Company) as to make the CEO capable of evaluating the merits and risks of the investment in Shares acquired pursuant to this Agreement and to protect the CEO’s own interests in the transaction, or (c) both such relationship and such knowledge and experience.