Common use of Economic Loss and Sophistication Clause in Contracts

Economic Loss and Sophistication. Lender is able to bear the economic risk of losing its entire investment in the Commitment Fee Shares and A&R Warrant. In making this statement, consideration has been given to whether Xxxxxx can afford to hold the investment for an indefinite period of time and whether Lender can afford a complete loss of its investment. Xxxxxx has such knowledge and experience in financial and business matters that it is capable of evaluating the risks and merits of this investment.

Economic Loss and Sophistication. Lender is able to bear the economic risk of losing its entire investment in the Commitment Fee Shares and A&R WarrantWarrants. In making this statement, consideration has been given to whether Xxxxxx Lender can afford to hold the investment for an indefinite period of time and whether Lender can afford a complete loss of its investment. Xxxxxx Lender has such knowledge and experience in financial and business matters that it is capable of evaluating the risks and merits of this investment.