Common use of Investment Risk; Sophistication Clause in Contracts

Investment Risk; Sophistication. The Holder is acquiring the New 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 Note, and has so evaluated the merits and risk of such investment. The Holder is an “accredited investor” as defined in Regulation D under the Securities Act.

Appears in 3 contracts

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

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Investment Risk; Sophistication. The Holder is acquiring the New Note 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 NoteNotes, and has so evaluated the merits and risk of such investment. The Holder is an “accredited investor” as defined in Regulation D under the 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 Note 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 NoteNotes, and has so evaluated the merits and risk of such investment. The Holder is an “accredited investor” as defined in Regulation D under the Securities Act.

Appears in 1 contract

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

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