Common use of Investment Risk; Sophistication Clause in Contracts

Investment Risk; Sophistication. The Holder is acquiring the New Securities hereunder in the ordinary course of its business. The Holder has such knowledge, sophistication, and experience in business and financial matters so as to be capable of evaluation of the merits and risks of the prospective investment in the New Securities, and has so evaluated the merits and risk of such investment. The Holder is an “accredited Holder” as defined in Regulation D under the 1933 Act.

Appears in 4 contracts

Samples: Exchange Agreement (RYVYL Inc.), Exchange Agreement (RYVYL Inc.), Exchange Agreement (Toughbuilt Industries, Inc)

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Investment Risk; Sophistication. The Holder is acquiring the New Securities Warrant hereunder in the ordinary course of its business. The Holder has such knowledge, sophistication, and experience in business and financial matters so as to be capable of evaluation of the merits and risks of the prospective investment in the New SecuritiesWarrant, and has so evaluated the merits and risk of such investment. The Holder is an “accredited Holderinvestor” as defined in Regulation D under the 1933 Securities Act.

Appears in 4 contracts

Samples: Amendment and Exchange Agreement (Gaucho Group Holdings, Inc.), Amendment and Exchange Agreement (Gaucho Group Holdings, Inc.), Amendment and Exchange Agreement (Gaucho Group Holdings, Inc.)

Investment Risk; Sophistication. The Holder is acquiring the New Securities Note hereunder in the ordinary course of its business. The Holder has such knowledge, sophistication, and experience in business and financial matters so as to be capable of evaluation of the merits and risks of the prospective investment in the New SecuritiesNote, and has so evaluated the merits and risk of such investment. The Holder is an “accredited Holderinvestor” as defined in Regulation D under the 1933 Securities Act.

Appears in 3 contracts

Samples: Second Exchange Agreement (KushCo Holdings, Inc.), Exchange Agreement (Amyris, Inc.), Amendment and Exchange Agreement (Innovate Biopharmaceuticals, Inc.)

Investment Risk; Sophistication. The Holder is acquiring the New Securities Notes hereunder in the ordinary course of its business. The Holder has such knowledge, sophistication, and experience in business and financial matters so as to be capable of evaluation of the merits and risks of the prospective investment in the New SecuritiesNotes, and has so evaluated the merits and risk of such investment. The Holder is an “accredited Holderinvestor” as defined in Regulation D under the 1933 Securities Act.

Appears in 1 contract

Samples: Amendment and Exchange Agreement (Helios & Matheson Analytics Inc.)

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Investment Risk; Sophistication. The Holder is acquiring the New Securities Notes hereunder in the ordinary course of its business. The Holder has such knowledge, sophistication, and experience in business and financial matters so as to be capable of evaluation of the merits and risks of the prospective investment in the New SecuritiesNotes, and has so evaluated the merits and risk of such investment. The Holder is an “accredited Holderinvestor” as defined in Regulation D under the 1933 Securities Act.

Appears in 1 contract

Samples: Amendment and Exchange Agreement (Helios & Matheson Analytics Inc.)

Investment Risk; Sophistication. The Holder is acquiring the New Securities hereunder in the ordinary course of its business. The Holder has such knowledge, sophistication, and experience in business and financial matters so as to be capable of evaluation of the merits and risks of the prospective investment in the New Securities, and has so evaluated the merits and risk of such investment. The Holder is an “accredited Holder” as defined in Regulation D under the 1933 Act.

Appears in 1 contract

Samples: Exchange Agreement (Aditxt, Inc.)

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