Financial Capability. The Investor has the financial capability to perform all of its obligations under this Agreement, including the capability to purchase the Shares, the Warrant and the Warrant Shares in accordance with the terms hereof. The Investor has such knowledge and experience in business and financial matters that it is capable of evaluating the merits and risks of an investment in Common Stock and the Warrant. The Investor is an “accredited investor” as defined in Regulation D. The Investor is a “sophisticated investor” as described in Rule 506(b)(2)(ii) of Regulation D. The Investor acknowledges that an investment in the Common Stock and the Warrant is speculative and involves a high degree of risk.
Appears in 9 contracts
Samples: Common Stock Purchase Agreement (Cell Genesys Inc), Common Stock Purchase Agreement (Corcept Therapeutics Inc), Common Stock Purchase Agreement (Kosan Biosciences Inc)
Financial Capability. The Investor has the financial capability to perform all of its obligations under this Agreement, including the capability to purchase the Shares, the Warrant and the Warrant Shares in accordance with the terms hereof. The Investor has such knowledge and experience in business and financial matters that it is capable of evaluating the merits and risks of an investment in Common Stock and the WarrantStock. The Investor is an “accredited investor” as defined in Regulation D. The Investor is a “sophisticated investor” as described in Rule 506(b)(2)(ii) of Regulation D. The Investor acknowledges that an investment in the Common Stock and the Warrant is speculative and involves a high degree of risk.
Appears in 8 contracts
Samples: Common Stock Purchase Agreement (Cyclacel Pharmaceuticals, Inc.), Common Stock Purchase Agreement (Cytokinetics Inc), Common Stock Purchase Agreement (Oxigene Inc)
Financial Capability. The Investor has the financial capability to perform all of its obligations under this Agreement, including the capability to purchase the Shares, the Warrant and Warrant, the Warrant Shares and any Blackout Shares in accordance with the terms hereof. The Investor has such knowledge and experience in business and financial matters that it is capable of evaluating the merits and risks of an investment in Common Stock and the Warrant. The Investor is an “accredited investor” as defined in Regulation D. The Investor is a “sophisticated investor” as described in Rule 506(b)(2)(ii) of Regulation D. The Investor acknowledges that an investment in the Common Stock and the Warrant is speculative and involves a high degree of risk.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Jazz Pharmaceuticals Inc), Common Stock Purchase Agreement (Discovery Laboratories Inc /De/), Common Stock Purchase Agreement (Discovery Laboratories Inc /De/)
Financial Capability. The Investor has the financial capability to perform all of its obligations under this Agreement, including the capability to purchase the Shares, the Warrant and the Warrant Shares in accordance with the terms hereof. The Investor has such knowledge and experience in business and financial matters that it is capable of evaluating the merits and risks of an investment in Common Stock and the WarrantStock. The Investor is an “accredited investor” as defined in Regulation D. The Investor is a “sophisticated investor” as described in Rule 506(b)(2)(ii) of Regulation D. The Investor acknowledges that an investment in the Common Stock and the Warrant is speculative and involves a high degree of risk.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Emisphere Technologies Inc), Common Stock Purchase Agreement (Emisphere Technologies Inc)
Financial Capability. The Investor has the financial capability to perform all of its obligations under this Agreement, including the capability to purchase the Shares, the Warrant and the Warrant Shares in accordance with the terms hereof. The Investor has such knowledge and experience in business and financial matters that it is capable of evaluating the merits and risks of an investment in Common Stock and the Warrant. The Investor is an “accredited investor” as defined in Regulation D. The Investor is a “sophisticated investor” as described in Rule 506(b)(2)(ii) of Regulation D. The Investor acknowledges that an investment in the Common Stock and the Warrant is speculative and involves a high degree of risk.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Nuvelo Inc), Common Stock Purchase Agreement (Tercica Inc)
Financial Capability. The Investor has the financial capability to perform all of its obligations under this Agreement, including the capability to purchase the Shares, the Warrant and the Warrant Shares in accordance with the terms hereof. The Investor has such knowledge and experience in business and financial matters that it is capable of evaluating the merits and risks of an investment in Common Stock and the WarrantStock. The Investor is an “"accredited investor” " as defined in Regulation D. The Investor is a “"sophisticated investor” " as described in Rule 506(b)(2)(ii) of Regulation D. the Securities Act. The Investor acknowledges that an investment in the Common Stock and the Warrant is speculative and involves a high degree of risk.
Appears in 2 contracts
Samples: Share Purchase Agreement (Paragon Shipping Inc.), Common Stock Purchase Agreement (Top Ships Inc.)
Financial Capability. The Investor has the financial capability to perform all of its obligations under this Agreement, including the capability to purchase the Shares, the Warrant and the Warrant Shares in accordance with the terms hereof. The Investor has such knowledge and experience in business and financial matters that it is capable of evaluating the merits and risks of an investment in Common Stock and the WarrantStock. The Investor is an “accredited investor” as defined in Regulation D. The Investor is a “sophisticated investor” as described in Rule 506(b)(2)(ii) of Regulation D. the Securities Act. The Investor acknowledges that an investment in the Common Stock and the Warrant is speculative and involves a high degree of risk.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Sovereign Holdings Inc.)
Financial Capability. The Investor has the financial capability to perform all of its obligations under this Agreement and the Registration Rights Agreement, including the capability to purchase the Shares, the Warrant Shares and the Warrant any Blackout Shares in accordance with the terms hereofhereof and thereof. The Investor has such knowledge and experience in business and financial matters that it is capable of evaluating the merits and risks of an investment in Common Stock and the WarrantStock. The Investor is an “accredited investor” as defined in Regulation D. The Investor is a “sophisticated investor” as described in Rule 506(b)(2)(ii) of Regulation D. The Investor acknowledges that an investment in the Common Stock and the Warrant is speculative and involves a high degree of risk.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Neurocrine Biosciences Inc)