Investment Intent; Authority. This Agreement is made with the Purchaser in reliance upon such Purchaser’s representation to the Company, evidenced by Purchaser’s execution of this Agreement, that Purchaser is acquiring the Note for investment for such Purchaser’s own account, not as nominee or agent, for investment and not with a view to, or for resale in connection with, any distribution or public offering thereof within the meaning of the Securities Act of 1933, as amended (the “Securities Act”) or the Maine Uniform Securities Act. Purchaser has the full right, power, authority and capacity to enter into and perform this Agreement and the Agreement will constitute a valid and binding obligation upon Purchaser, except as the same may be limited by bankruptcy, insolvency, moratorium, and other laws of general application affecting the enforcement of creditors’ rights.
Investment Intent; Authority. Lender is acquiring such Lender’s Notes for investment for such Lender’s own account and not with a view to, or for resale in connection with, any distribution or public offering thereof within the meaning of the Securities Act. Such Lender has the full right, power, authority and capacity to enter into and perform this Agreement and the Collateral Documents to which Lender is a party, and this Agreement and the Collateral Documents to which Lender is a party will constitute a valid and binding obligations upon such Lender in accordance with their respective terms, except as the same may be limited by bankruptcy, insolvency, moratorium, and other laws of general application affecting the enforcement of creditors’ rights.
Investment Intent; Authority. This Agreement is made with each Purchaser in reliance upon such Purchaser’s representation to the Company, evidenced by such Purchaser’s execution of this Agreement, that each such Purchaser is acquiring the Securities for the Purchaser’s own account, not as nominee or agent, for investment and not with a view to, or for resale in connection with, any distribution or public offering thereof within the meaning of the Securities Act or any state securities laws. Each Purchaser has the full right, power, authority and capacity to enter into and perform the Transaction Documents and the Transaction Documents will constitute a valid and binding obligation of such Purchaser, except as the same may be limited by bankruptcy, insolvency, moratorium, and other laws of general application affecting the enforcement of creditors’ rights.
Investment Intent; Authority. The Holder is acquiring the Note for investment for the Holder’s own account, and not as nominee or agent for investment, and not with a view to, or for resale in connection with, any distribution or public offering thereof within the meaning of the Securities Act of 1933, as amended (the “Securities Act”) or the Maine Uniform Securities Act. The Holder has the full right, power, authority and capacity to enter into and perform this Agreement and the Agreement will constitute a valid and binding obligation upon Holder, except as the same may be limited by laws of general application affecting the enforcement of creditors’ rights.
Investment Intent; Authority. This Agreement is made with the Shareholder in reliance upon the Shareholder’s representation to the Company, evidenced by the Shareholder’s execution of this Agreement, that the Shareholder is acquiring the Common Stock for investment for the Shareholder’s own account, not as nominee or agent, for investment and not with a view to, or for resale in connection with, any distribution or public offering thereof within the meaning of the Securities Act and/or any applicable state securities laws. The Shareholder has the full right, power, authority and capacity to enter into and perform this Agreement and the Agreement will constitute a valid and binding obligation upon the Shareholder, except as the same may be limited by bankruptcy, insolvency, moratorium, and other laws of general application affecting the enforcement of creditors’ rights.
Investment Intent; Authority. This Agreement is made in reliance upon Lender's representation to the Company that Lender is acquiring the Purchased Securities for investment for its own account, not as nominee or agent, for investment and not with a view to, or for resale in connection with, any distribution or public offering thereof within the meaning of the Act or any state securities laws. Lender has the full right, power, authority and capacity to enter into and perform the Operative Documents to which it is a party and such Operative Documents will constitute valid and binding obligations upon Lender, except as the same may be limited by bankruptcy, insolvency, moratorium, and other laws of general application affecting the enforcement of creditors' rights.
Investment Intent; Authority. The Purchaser is acquiring the Perseus Securities for investment for its own account, and not as a nominee or agent for investment and not with a view to or for resale in connection with any distribution or public offering thereof within the meaning of the Securities Act. The Purchaser is a limited partnership duly formed, validly existing and in good standing under the Laws of the State of Delaware. The Purchaser has the requisite legal right and power, as applicable, to enter into, execute, deliver and perform its obligations under this Agreement and the other Transaction Documents. Assuming due execution and delivery by the other parties hereto, this Agreement is, and upon their execution, the other Transaction Documents to which the Purchaser is a party will be, valid and binding obligations of the Purchaser, enforceable in accordance with their terms, subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and similar laws affecting creditors’ rights and remedies generally.
Investment Intent; Authority. Perseus is acquiring the Notes, the Warrants, and any other Securities for investment for Perseus’ own account, and not as nominee or agent for investment and not with a view to or for resale in connection with any distribution or public offering thereof within the meaning of the Securities Act. Perseus is a limited liability company, duly formed, validly existing and in good standing under the laws of its jurisdiction of formation. Perseus has the requisite legal and limited liability company power to enter into, execute, deliver and perform its obligations under this Agreement and the other Transaction Documents. Assuming due execution and delivery by the other parties thereto, this Agreement is, and upon their issuance, the other Transaction Documents to which Perseus is a Party will be, valid and binding obligations of Perseus, enforceable in accordance with their terms, subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and similar laws affecting creditors’ rights and remedies generally.
Investment Intent; Authority. Such Purchaser is acquiring an interest in the Note and the Shares for investment for such Purchaser's own account, and not as nominee or agent for investment and not with a view to or for resale in connection with any distribution or public offering thereof within the meaning of the Securities Act. Such Purchaser has not offered or sold any portion of the Securities being acquired nor does such Purchaser have any present intention of dividing such Securities with others or of selling, distributing, or otherwise disposing of any portion of such Securities either currently or after the passage of a fixed or determinable period of time or upon the occurrence or non-occurrence of any predetermined event or circumstance in violation of the Securities Act. The Company has no obligation to register the Securities. Such Purchaser has the full right, power, authority and capacity to enter into and perform this Agreement and this Agreement will constitute a valid and binding obligation of such Purchaser.
Investment Intent; Authority. This Note is issued to the Holder in reliance upon such Xxxxxx’s representation to the Company, evidenced by Xxxxxx’s execution of this Note, that Holder is acquiring this Note for investment for such Xxxxxx’s own account, not as nominee or agent, for investment and not with a view to, or for resale in connection with, any distribution or public offering thereof within the meaning of the Securities Act, or the California Corporate Securities Law of 1968, as amended (the “California Law”). Holder has the full right, power, authority and capacity to enter into and perform its obligations under this Note and this Note will constitute a valid and binding obligation upon Holder, except as the same may be limited by bankruptcy, insolvency, moratorium, and other laws of general application affecting the enforcement of creditors’ rights.
