Investment Purposes; Compliance With 1933 Act. The Buyer is purchasing the Securities for its own account for investment only and not with a view towards, or in connection with, the public sale or distribution thereof, except pursuant to sales registered under or exempt from the 1933 Act and applicable state securities laws. The Buyer is not purchasing the Securities for the purpose of covering short sale positions in the Common Stock established on or prior to the Closing Date. The Buyer agrees to offer, sell or otherwise transfer the Securities only (i) in accordance with the terms of this Agreement, the Notes and the Warrants, as applicable, and (ii) pursuant to registration under the 1933 Act or to an exemption from registration under the 1933 Act and any other applicable securities laws. The Buyer does not by its representations contained in this Section 2(a) agree to hold the Securities for any minimum or other specific term and reserves the right to dispose of the Securities at any time pursuant to a registration statement or in accordance with an exemption from registration under the 1933 Act, in all cases in accordance with applicable state and federal securities laws. The Buyer understands that it shall be a condition to the issuance of the Conversion Shares, the Warrant Shares and the Interest Shares (if any) that the Conversion Shares, the Warrant Shares and the Interest Shares (if any) be and are subject to the representations set forth in this Section 2(a).
Investment Purposes; Compliance With 1933 Act. The Buyer is purchasing the Securities for its own account for investment only and not with a view towards, or in connection with, the public sale or distribution thereof, except pursuant to sales registered, or exempt from registration, under the 1933 Act and applicable state securities laws. The Buyer is not purchasing the Securities for the purpose of covering short sale positions in the Common Stock established on or prior to the Closing Date. The Buyer agrees to offer, sell or otherwise transfer the Securities only (i) in accordance with the terms of this Agreement, the Note and the Warrant, as applicable, and (ii) pursuant to registration under the 1933 Act or an exemption from registration under the 1933 Act and any other applicable securities laws. The Buyer does not by its representations in this Section 2(a) agree to hold the Securities for any minimum or other specific term, and reserves the right to dispose of the Securities at any time pursuant to a registration statement or in accordance with an exemption from registration under the 1933 Act, in all cases in accordance with applicable state and federal securities laws. The Buyer understands that it shall be a condition to the issuance of the Conversion Shares and the Warrant Shares that such shares be and are subject to the representations set forth in this Section 2(a).
Investment Purposes; Compliance With 1933 Act. Victory is acquiring the Note through the making of the Loan for its own account for investment only and not with a view towards, or in connection with, the public sale or distribution thereof, except pursuant to sales registered, or exempt from registration, under the Securities Act of 1933, as amended (the “1933 Act”) and applicable state securities laws. Victory does not by its representations in this Section 2(c) agree to hold the Note for any minimum or other specific term, and reserves the right to dispose of the Note at any time in accordance with the foregoing restrictions.
Investment Purposes; Compliance With 1933 Act. The Note and any Interest Payment Shares will be acquired for the Lender's own account for investment only and not with a view towards, or in connection with, the public sale or distribution thereof, except pursuant to sales registered under or exempt from the Securities Act of 1933, as amended (the "1933 Act") and applicable state securities laws. The Lender agrees to offer, sell or otherwise transfer the Interest Payment Shares only (i) in accordance with the terms of this Agreement and the Notes, as applicable, and (ii) pursuant to registration under the 1933 Act or to an exemption from registration under the 1933 Act and any other applicable securities laws. The Lender does not by its representations contained in this Section 6.1 agree to hold the Notes or the Interest Payment Shares for any minimum or other specific term and reserves the right to dispose of the Notes and the Interest Payment Shares at any time pursuant to a registration statement or in accordance with an exemption from registration under the 1933 Act, in all cases in accordance with applicable state and federal securities laws. The Lender understands that it shall be a condition to the issuance of the Interest Payment Shares that such Interest Payment Shares be and are subject to the representations set forth in this Section 5.2.
Investment Purposes; Compliance With 1933 Act. The Buyer is purchasing the Securities for its own account for investment only and not with a view towards, or in connection with, the public sale or distribution thereof, except pursuant to sales registered under or exempt from the 0000 Xxx. The Buyer is not purchasing the Securities for the purpose of covering short sale positions in Common Stock established on or prior to the date of the Closing. The Buyer agrees to offer, sell or otherwise transfer the Securities only (i) in accordance with the terms of this Agreement and the Option Agreements, as the same may be applicable, and (ii) pursuant to registration under the 1933 Act or to a transaction for which registration under the 1933 Act is not required. Except as set forth in Section 2(f) of that certain Registration Rights Agreement dated as of the date hereof by and among the Company, Buyer and Anschutz Investment Company (the "Registration Rights Agreement") the Buyer does not by its representations contained in this Section 2(a) agree to hold the Securities for any minimum or other specific term and reserves the right to dispose of the Securities at any time pursuant to a registration statement or in accordance with an exemption from registration under the 1933 Act, in all cases in accordance with applicable state and federal securities laws.
Investment Purposes; Compliance With 1933 Act. The Lender is purchasing the Note for its own account for investment only and not with a view towards, or in connection with, the public sale or distribution thereof, except pursuant to sales registered, or exempt from registration, under the 1933 Act and applicable state securities laws. The Lender does not by its representations in this paragraph agree to hold the Note for any minimum or other specific period of time, and reserves the right to dispose of the Note at any time in accordance with the terms thereof and this Agreement.
Investment Purposes; Compliance With 1933 Act. The Buyer is purchasing its Securities for its own account for investment only and not with a view towards, or in connection with, the public sale or distribution thereof. The Buyer is not purchasing its Securities for the purpose of covering short sale positions in the Common Stock established on or prior to the Closing Date. The Buyer agrees to offer, sell or otherwise transfer its Securities only (i) in accordance with the terms of this Agreement, the Buyer's Note and the Buyer's Warrant, as applicable, and (ii) pursuant to registration under the 1933 Act or an exemption from registration under the 1933 Act and any other applicable securities laws. The Buyer does not by its representations in this Section 2(a) agree to hold its Securities for any minimum or other specific term. The Buyer understands that it shall be a condition to the issuance of its Conversion Shares and Warrant Shares that such shares be and are subject to the representations set forth in this Section 2(a).
Investment Purposes; Compliance With 1933 Act. The Buyer is purchasing the Securities for its own account for investment only and not with a view towards, or in connection with, the public sale or distribution thereof, except pursuant to sales registered under or exempt from the 1933 Act and applicable state securities laws. The Buyer agrees to offer, sell or otherwise transfer the Securities only (i) in accordance with the terms of this Agreement and the Warrants, as applicable, and (ii) pursuant to registration under the 1933 Act or to an exemption from registration under the 1933 Act and any other applicable securities laws. The Buyer does not by its representations contained in this Section 2(a) agree to hold the Securities for any minimum or other specific term and reserves the right to dispose of the Securities at any time pursuant to a registration statement or in accordance with an exemption from registration under the 1933 Act, in all cases in accordance with applicable state and federal securities laws. The Buyer understands that it shall be a condition to the issuance of the Warrant Shares that the Warrant Shares be and are subject to the representations set forth in this Section 2(a).
Investment Purposes; Compliance With 1933 Act. (a) Stockholder is receiving the Securities for her own account for investment only and not with a view towards, or in connection with, the public sale or distribution thereof, except pursuant to sales registered under or exempt from the 1933 Act and applicable state securities laws. Stockholder is not obtaining the Securities for the purpose of covering short sale positions in the Common Stock, established on or prior to the Closing. Stockholder agrees to offer, sell or otherwise transfer the Securities only (i) in accordance with the terms of this Agreement and the Note, as applicable, and (ii) pursuant to registration under the 1933 Act or to an exemption from registration under the 1933 Act and any other applicable securities laws. Stockholder does not by its representations contained in this Section 2.30(a) agree to hold the Securities for any minimum or other specific term and reserves the right to dispose of the Securities at any time pursuant to a registration statement or in accordance with an exemption from registration under the 1933 Act, in all cases in accordance with applicable state and federal securities laws. Stockholder understands that it shall be a condition to the issuance of the Securities that they be and are subject to the representations set forth in this Section 2.6(a).
(b) Accredited Investor Status. Stockholder is an "accredited investor" as that term is defined in Rule 501(a) of Regulation D. Stockholder has such knowledge and experience in financial and business matters that she is capable of evaluating the merits and risks of an investment made pursuant to this Agreement. Stockholder is aware that she may be required to bear the economic risk of an investment made pursuant to this Agreement for an indefinite period of time, and is able to bear such risk for an indefinite period.
Investment Purposes; Compliance With 1933 Act. The Buyer is purchasing his or its Securities for his or its own account for investment only and not with a view towards, or in connection with, the public sale or distribution thereof. The Buyer (i) is not purchasing his or its Securities for the purpose of covering short sale positions in the Common Stock established on or prior to the Closing Date and (ii) agrees not to enter into any market transaction designed to accomplish any short sale of the Common Stock. The Buyer agrees to offer, sell or otherwise transfer his or its Securities only (i) in accordance with the terms of this Agreement, the Buyer's Note and the Buyer's Warrant, as applicable, and (ii) pursuant to registration under the 1933 Act or an exemption from registration under the 1933 Act and any other applicable securities laws. The Buyer does not by his or its representations in this Section 2(a) agree to hold his or its Securities for any minimum or other specific term. The Buyer understands that it shall be a condition to the issuance of his or its Conversion Shares and Warrant Shares that such shares be and are subject to the representations set forth in this Section 2(a).
