Investor Acknowledgement. You acknowledge that this Agreement includes a pre-dispute arbitration clause. You acknowledge receiving a copy of this agreement and you have had the opportunity to read it and you understand it. Furthermore, you acknowledge that you have read all information on the Account Application, you have reviewed the terms and conditions of this agreement including all information contained herein. You hereby verify that all the information provided is true and correct and may be relied upon by us for the purposes of evaluating your suitability and sophistication in relation to making securities recommendations. Further, you indemnify us for any loss, claims or damages, including legal fees, which we may incur as a result of any securities recommendation or any securities related violations resulting from our reliance upon the information you have provided. You acknowledge your responsibility to read the prospectus or offering brochure of any mutual fund, direct participation program, variable annuity and/or new issue offering which contains complete information regarding investment objectives, risks, and other material facts, including sales charges.
Investor Acknowledgement. The Investor acknowledges and agrees that the staff of the Commission has a policy limiting the number of shares that can be registered in any one or related registration statements, and that while the Company anticipates that there may be some room to include some of the Investor’s Registrable Securities issued to the Investor in connection with the SEA, the ultimate decision will be made by the staff of the Commission. Consequently, the inability of the Company to include any of the Investor’s Registrable Securities in a registration statement upon commercially reasonable efforts by the Company shall not be a violation of this Agreement by the Company.
Investor Acknowledgement. Investor acknowledges that the representations and warranties contained in this Agreement and in any document or instrument delivered to the Company pursuant hereto or in connection herewith shall not be deemed waived or otherwise affected by any investigation by the Company, its officers, directors, employees, counsel, accountants, advisors, representatives and agents.
Investor Acknowledgement. The Investor acknowledges that this Agreement and the schedules hereto require the Investor to provide certain personal information to the Company. Such information is being collected by the Company for the purposes of completing the Offering, which includes, without limitation, determining the Investor’s eligibility to purchase the Units under Applicable Securities Legislation, preparing and registering certificates representing the Units to be issued to the Investor and completing filings required by any stock exchange or securities regulatory authority. The Investor’s personal information will be included in closing books prepared in connection with the Offering and may be disclosed by the Company to: (i) stock exchanges and/or securities regulatory authorities (including the OSC and BCSC, as defined below); (ii) the Company’s registrar and transfer agent; (iii) Canadian tax authorities; (iv) any of the other parties involved in the Offering, including legal counsel; and (v) other parties subsequent to the Offering, including legal counsel, reviewing closing books prepared in connection with the Offering. By executing this Agreement, the Investor:
(a) consents to the foregoing collection, use and disclosure of the Investor’s personal information;
(b) consents to the filing of copies or originals of any of the Investor’s documents delivered in connection with this Agreement as may be required to be filed with any stock exchange or securities regulatory authority in connection with the transactions contemplated hereby and expressly consents to the collection, use and disclosure of the Investor’s personal information by the Toronto Stock Exchange for the purposes identified by such exchange, from time to time; and
(c) acknowledges that it has been notified by the Company that the personal information of the Investor required under Form 45-106F1 (i) will be delivered by the Company to the securities regulatory authority or regulator in the local jurisdiction(s), (ii) is being collected on behalf of and used by the securities regulatory authority or regulator under the authority granted in securities legislation for the purposes of the administration and enforcement of such securities legislation, (iii) will not be placed on the public file of any securities regulatory authority or regulator and (iv) may be made available if freedom of information legislation so requires the securities regulatory authority or regulator to make this information available if r...
Investor Acknowledgement. The Investor acknowledges that the Common Stock is listed on the New York Stock Exchange and the Company is required to file reports containing certain business and financial information with the Commission pursuant to the reporting requirements of the Exchange Act, and that it is able to obtain copies of such reports.
Investor Acknowledgement. Each of the Investors acknowledges that it has made the representations and warranties referred to in Section 2.3 with the intention of persuading the Company to enter into this Agreement and that the Company has entered into this Agreement on the basis of, and in full reliance on, each of such representations and warranties. Each of the Investors also acknowledges that the representations and warranties made by the Company in Section 2.1, to the extent that they pertain to the New Warrants, are made solely to the extent, and will only survive for so long as, any of the Investors remains a party to the Registration Rights Agreement or a holder of the New Warrants.
Investor Acknowledgement. Company acknowledges and agrees that SIM and its affiliates may have investments in or may invest in, and/or may provide management advice to, companies that may be competitive with the Company or its affiliates and that the execution of this Agreement will in no way be construed to prohibit or restrict SIM or its Affiliates' ability to maintain, make or consider such investment. The Company acknowledges and agrees that (i) SIM and its Representatives may analyze and invest in, or have general knowledge with respect to, securities, instruments, businesses and assets of companies in the same or similar line of businesses as the Company and the topics covered in the Confidential Information, (ii) SIM’s review of Confidential Information will inevitably enhance its and its Representatives and Affiliates knowledge and understanding of the industry in which the Company operates in a way that cannot be separate or separated from other knowledge and (iii) without limiting SIM’s obligations under this Agreement, this Agreement shall not restrict the use of such overall knowledge and understanding of such industry for its own internal purposes, and that of its Representatives and Affiliates, including the purchase, sale, consideration of, and decisions relating to other investments. For the purposes of this Agreement, “affiliates” means, as to any Person or Party, any other Person or Party that controls, is controlled by, or is under common control with such first Person or Party, whether through the exercise of voting rights in securities, by contract, or otherwise.
Investor Acknowledgement. You acknowledge that this Agreement includes a pre-dispute arbitration clause. You acknowledge receiving a copy of this Agreement, and you have had the opportunity to read it and you understand it. Furthermore, you acknowledge that you have read all information on the Account Application, you have reviewed the terms and conditions of this Agreement, including all information contained herein. You hereby verify that all the information provided is true and correct and may be relied upon by us for the purposes of evaluating your suitability and sophistication in relation to making securities recommendations (including but not limited to investment objectives, risk tolerance, income and net worth.) Further, you indemnify us for any loss, claims or damages, including legal fees, which we may incur as a result of any securities recommendation or any securities−related violations resulting from our
Investor Acknowledgement. Investor acknowledges that (a) a representative of Selling Stockholder has been a member of the Company’s Board of Directors and has received information provided to members of the Company’s Board of Directors, (b) as a result of its attendance at Company Board of Directors meetings, Selling Stockholder currently may have information with respect to the Company that is not known to Investor and that may be material to a decision to purchase the Shares (“Investor Excluded Information”), (c) Investor has determined to purchase the Shares notwithstanding its lack of knowledge of Investor Excluded Information, and (d) neither Selling Stockholder nor any of its respective affiliates shall have any liability to Investor related to the Investor Excluded Information. Investor understands that Selling Stockholder will rely on the accuracy and truth of the foregoing representations, and Investor hereby consents to such reliance. The foregoing, however, does not limit or modify the representations and warranties of the Selling Stockholder in Section 3 of this Agreement or the right of the Investor to rely thereon.
Investor Acknowledgement. Investor hereby acknowledges and agrees that Investor shall be entitled to receive Profit Participation Allocations under this Agreement solely with respect to the sale of Applicable Properties, which Investor understands will only be the particular residential properties that are developed by the Company using Subscribed Capital invested particularly by Investor. Investor further acknowledges and agrees that the Company may develop and sell other residential properties that will not use Subscribed Capital from the Investor, and Investor shall not have any right to receive Profit Participation Allocations under this Agreement with respect to any such other properties. For the sake of clarity, it is the Parties’ purpose and intent under this Agreement for Investor to receive Profit Participation Allocations only in connection with residential properties for which Investor’s Subscribed Capital is used to develop and sell, and not in connection with any residential property for which Investor’s Subscribed Capital is not used.
