Evaluation and Ability to Bear Risks Sample Clauses
The 'Evaluation and Ability to Bear Risks' clause requires parties to assess and confirm their understanding of the risks associated with a transaction or agreement. Typically, this clause obligates each party to acknowledge that they have independently evaluated the potential risks and have the financial capacity and experience to manage those risks. For example, in investment contracts, parties may need to demonstrate that they are not relying solely on the other party's advice and are capable of withstanding potential losses. The core function of this clause is to allocate responsibility for risk assessment, ensuring that parties cannot later claim ignorance or lack of capacity as a basis for disputing the agreement.
Evaluation and Ability to Bear Risks. The Subscriber’s decision to invest in the Company was made by the Subscriber as person(s) who (a) are independent of the Company, the Advisor and the Placement Agents and their respective affiliates, (b) are authorized to make such investment decisions, and (c) have relied on their own tax, legal and financial advisers with regard to all matters relating to the Subscriber’s investment in the Company (including federal, state and local tax matters) and not on any advice or recommendation of the Company, the Advisor or the Placement Agent or any of their respective affiliates, notwithstanding anything in Section 9.3 to the contrary. The Subscriber’s prior investment experience and its general knowledge about the management, proposed operations and prospects of the Company enable the Subscriber, together with the Subscriber’s advisers, to make an informed decision with respect to the merits and risks of an investment in the Company. The Subscriber is able to bear the economic risk of its acquisition of Shares, including a complete loss of its investment in the Company. The Subscriber acknowledges and agrees that (i) it is not a client of the Advisor with respect to its investment in the Company, (ii) the Advisor provides services solely to the Company, in the case of (ii) including any reporting or consultation with investors thereof (except as may be described in the Offering Document).
Evaluation and Ability to Bear Risks. The Subscriber’s decision to invest in the Company was made by the Subscriber as person(s) who (a) are authorized to make such investment decisions, and (b) have relied on its or their own tax, legal and financial advisers with regard to all matters relating to the Subscriber’s investment in the Company (including federal, state, and local tax matters and tax matters relating to non-United States jurisdictions) and not on any advice or recommendation of the Company, Advisor, Administrator or any of its Affiliates, notwithstanding anything in Section 4.3 to the contrary. The Subscriber’s prior investment experience with other investment opportunities and its general knowledge about the management, proposed operations and prospects of the Company enable the Subscriber, together with the Subscriber’s advisers, to make an informed decision with respect to the merits and risks of an investment in the Company. After all necessary advice and analysis, the Subscriber has evaluated the risks of investing in the Shares and has determined that the Shares are a suitable investment for the Subscriber. The Subscriber has adequate means for providing for its current needs and personal or other contingencies and has no need for liquidity with regards to its investment in the Shares, and is able to bear the economic risk of its acquisition of the Shares, including a complete loss of its investment in the Company. The Subscriber understands that the Company does not now know what the capital to be contributed to the Company will be invested in or the total amount of capital the Company will have available to invest, and that the Company and Advisor will have complete control over the investments made by the Company. The Subscriber has not reproduced, duplicated or delivered the Offering Documents to any other person, except professional advisors to the Subscriber or as permitted in writing by the Company.
Evaluation and Ability to Bear Risks. Such Purchaser has such knowledge and experience in financial and business affairs that such Purchaser is capable of evaluating the merits and risks of purchasing, and other considerations relating to, the Purchased Shares to be purchased by such Purchaser pursuant to this Agreement, and such Purchaser has not relied in connection with such Purchaser’s purchase of the Purchased Shares upon any representations, warranties or agreements other than those set forth in this Agreement. Such Purchaser’s financial situation is such that such Purchaser can afford to bear the economic risk of holding the Purchased Shares it is acquiring for an indefinite period of time, and such Purchaser can afford to suffer the complete loss of the Purchased Shares. Such Purchaser is an “accredited investor” as such term is defined in rule 501 of Regulation D promulgated under the Securities Act of 1933 (the “1933 Act”).
Evaluation and Ability to Bear Risks. Such Purchaser has such knowledge and experience in financial and business affairs that such Purchaser is capable of evaluating the merits and risks of purchasing, and other considerations relating to, the Purchased Shares to be purchased by such Purchaser pursuant to this Agreement, and such Purchaser has not relied in connection with such Purchaser’s purchase of the Purchased Shares upon any representations, warranties or agreements other than those set forth in this Agreement. Such Purchaser’s financial situation is such that such Purchaser can afford to bear the economic risk of holding the Purchased Shares it is acquiring for an indefinite period of time, and such Purchaser can afford to suffer the complete loss of the Purchased Shares. Such Purchaser is an “accredited investor” as such term is defined in rule 501 of Regulation D promulgated under the Securities Act.