Certain Risks. Subscriber is fully aware that (i) the Common Stock represents equity securities in a corporate entity that has an accumulated deficit; (ii) no return on investment, whether through distributions, appreciation, transferability or otherwise, and no performance by, through or of the Company, has been promised, assured, represented or warranted by the Company, or by any director, officer, employee, agent or representative thereof; (iii) while the Common Stock is presently quoted and traded on the Over-the-Counter Bulletin Board and while such Subscriber is a beneficiary of certain registration rights and other rights as provided in Section 5 and Section 6 hereof, the Common Stock subscribed for and purchased under this Agreement (x) have not been registered under applicable federal or state securities laws, and thus may not be sold, conveyed, assigned or transferred unless registered under such laws or unless an exemption from registration is available under such laws, as more fully described below, and (y) can be no assurances that the Company’s Common Stock will continue to be quoted, traded or listed for trading or quotation on the OTCBB or on any other organized market or quotation system; and (iv) while the Subscriber is the beneficiary of certain registration rights and may be the beneficiary of certain other rights as more further described in Section 5 and Section 6 below, respectively, there is no guarantee that the Company will be able to effect a registration as contemplated by Section 6 below, and moreover, the sale of the Common Stock hereunder, and the exercise of such registration rights and possible other rights pursuant to Section 5 and Section 6 below, respectively, is contingent upon, among other things, the Company obtaining the Consent from all of the Subscribers to this Offering authorizing the Company to effect an amendment of the Company’s Articles of Incorporation to increase the Company’s authorized capital so as to enable the Company to have a sufficient number of shares of equity securities available to effect the Rights Offering; and (v) that the purchase of the Common Stock is a speculative investment, involving a degree of risk, and is suitable only for person or entity of adequate financial means who has no need for liquidity in this investment in that, among other things, (x) such person or entity may not be able to liquidate their investment in the event of an emergency or otherwise, (y) transferability is limited, and (z) in...
Certain Risks. The Package is optional and not required in order to use the Relativity Software for the basic purposes for which the Relativity Software was designed. Instead, Relativity makes the Package available as an optional, free, extra tool set. Accordingly, Client’s decision to use the Package shall be at Client’s sole risk, without any representations, warranties or agreements of any kind by Relativity or any other party whatsoever. Relativity does not warrant that the Package, or any interoperability or integration with Other Products and Custom Features, or their respective functions or results of use, will be as expected, or be accurate or reliable, or be suitable for Client’s or its customers’ intended uses, or that the operation thereof will be timely, uninterrupted, secure or error-free, or that known or discovered errors will be able to be corrected or circumvented.
Certain Risks. Purchaser expressly understands that: (i) no return on investment, whether through distributions, appreciation, transferability or otherwise, and no performance by, through or of the Company, has been promised, assured, represented or warranted by the Company, or by any director, officer, employee, agent or representative thereof; (ii) while the Company's Common Stock is presently traded on the AMEX, and while the Purchaser is a beneficiary of certain registration rights with respect to the Shares and the Warrant Shares, the Shares and the Warrant subscribed for and that may be purchased under this Agreement and the Warrant Shares issuable upon exercise of the Warrants (x) are not registered under applicable federal or state securities laws, and thus may not be sold, conveyed, assigned or transferred unless registered under such laws or unless an exemption from registration is available under such laws, as more fully described below, and (y) are not quoted, traded or listed for trading or quotation on the AMEX, or any other organized market or quotation system, and there is therefore no present public or other market for the Shares, the Warrant or the Warrant Shares, nor can there be any assurance that the Common Stock will continue to be quoted, traded or listed for trading or quotation on the AMEX or on any other organized market or quotation system; and (iii) that the purchase of Shares and the Warrant is a speculative investment, involving a degree of risk, and is suitable only for a person or entity of adequate financial means who has no need for liquidity in this investment in that, among other things, (x) such person or entity may not be able to liquidate their investment in the event of an emergency or otherwise, (y) transferability is limited, and (z) in the event of a dissolution or otherwise, such person or entity could sustain a complete loss of their entire investment.
Certain Risks. (a) There can be no assurance that investments made by the Advisor for the Account will be profitable, or that substantial losses, including complete loss, may not occur. The Client hereby further acknowledges that it is familiar with the risks associated with making the Investments and has read and understood such risks as described on Annex F hereto.
(b) The Client acknowledges that the Investments are speculative investments and have substantial risks and that the Account represents only that portion of the Client's assets that it desires to expose to such risks.
Certain Risks. The Lender recognizes that the purchase of the Convertible Note, Warrants and the Additional Shares involves a night degree of risk in that: (i) an investment in the Borrower is highly speculative and only investors who can afford the loss of their entire investment should consider investing in the borrower; (ii) a purchaser may not be able to liquidate his investment; (iii) transferability is extremely limited; (iv) in the event of disposition, the Lender could sustain the loss of his entire investment; (v) no return on investment, whether though distributions, appreciation, transferability or otherwise and no performance by, through or of the Borrower has been promised, assured, represented or warranted by the Borrower, or by any director, officer, employee, agent or representative thereof;(vi) although this offering is being made pursuant to Rule 504(b)(1) of Regulation D of the Act, there may be certain restrictions placed upon the resale of the securities by a particular state.
Certain Risks. Client understands and agrees that:
a. Axos Invest does not guarantee the performance of the Account, is not responsible to Client for any investment losses and the Account is not insured against loss of income or principal.
b. That there are significant risks associated with investing in securities and the market, including, but not limited to, the risk that the Account could suffer substantial diminution in value, and this risk applies even when the Account is managed by an investment advisor including Axos Invest.
c. The past performance of any benchmark, market index, ETF, or other securities does not indicate its future performance, future performance may vary, and the future transactions can be made in different securities and during different economic environments.
Certain Risks. The Investor understands that an investment in the LLC involves substantial risk, including, without limitation, the following:
(a) the LLC has limited operating history;
(b) no federal or state agency has reviewed or approved the Membership Interests, the offering thereof, the Operating Agreement or the Subscription Package, or made any findings or determination as to the fairness of an investment in the LLC;
(c) the LLC is not registered as an investment company under the Investment Company Act and does not intend to be so registered absent changes in laws. Thus, the provisions of the Investment Company Act intended to provide various protections to investors will not be extended to the Investors.
Certain Risks. The Investor understands the speculative nature of and risks involved in the proposed investment in Jan Xxxx, xxd all matters relating to the structure and the operations of Jan Xxxx xxxe been discussed and explained to Investor's satisfaction.
Certain Risks. The Purchaser recognizes that the purchase of the Debentures and the Conversion Shares involves a high degree of risk in that:
(i) an investment in the Company is highly speculative and only investors who can afford the loss of their entire investment should consider investing in the Company and the Debentures and the Conversion Shares;
(ii) a Purchaser may not be able to liquidate its investment;
(iii) transferability of the Debentures and the Conversion Shares is extremely limited;
(iv) in the event of disposition, Purchaser could sustain the loss of its entire investment;
(v) no return on investment, whether through distributions, appreciation, transferability or otherwise, and no performance by, through or of the Company, has been promised, assured, represented or warranted by the Company, or by any director, officer, employee, agent or representative thereof;
Certain Risks. Such Purchaser recognizes that the purchase of the Preferred Shares involves a high degree of risk including, but not limited to, the following: (a) an investment in the Company is highly speculative, and only an investor who can afford the loss of its entire investment should consider investing in the Company and the Preferred Shares; (b) such Purchaser may not be able to liquidate its investment; (c) transferability of the Preferred Shares is extremely limited; and (d) in the event of a disposition, such Purchaser could sustain the loss of its entire investment.
