Investor Acknowledgments. (a) It is an "accredited investor" as ------------------------ defined in Regulation D of the Securities Act. Its representatives have been provided an opportunity to ask questions of, and have received answers thereto from, the Company and its representatives regarding the terms and conditions of its purchase of Securities, and the Company and its proposed business generally, and have obtained all additional information requested by it to verify the accuracy of all information furnished to it in connection with such purchase.
Investor Acknowledgments. In reliance upon the representations and covenants and acknowledgments of the Company and the Guarantors contained in this Agreement and subject to the terms and conditions contained herein, during the Forbearance Period, the Investor agrees to forbear from exercising its rights and remedies under the New Transaction Documents or applicable law, solely with respect to the Specified Defaults.
Investor Acknowledgments. In connection with the purchase and sale of the Shares, the Investor understands and acknowledges to the Company that:
Investor Acknowledgments. (a) It is an "accredited investor" as defined in Regulation D of the Securities Act. Its representatives have been provided an opportunity to ask questions of, and have received answers thereto from, the Company and its representatives regarding the terms and conditions of its acquisition of Securities, and the Company and its proposed business generally, and have obtained all additional information requested by it to verify the accuracy of all information furnished to it in connection with such purchase. It is an existing stockholder of the Company, owning on the date hereof 732,371 shares of the Company's Series A Preferred Stock, par value $0.01 per share, and 366,131 shares of the Company's Series D Preferred Stock.
Investor Acknowledgments. You acknowledge and agree that (a) you received a current prospectus for the selected Fund; (b) we have not provided any investment advice to you regarding the Fund and we have made no representation as to the suitability, safety, or appropriateness for you of any Fund; (c) we are acting solely as your agent in purchasing, selling, and redeeming Shares on your behalf; (d) if the Fund you select is a BMO Money Market Fund, our affiliate provides investment advisory and other services to the Fund and we provide custodial and other services to the Fund, and we and our affiliate receive fees for these services as disclosed in the Fund prospectus; (e) investment return will fluctuate and although each Fund seeks to preserve the value of your investment at $1.00 per share, it is possible to lose money by investing in a Fund; (f) past performance of any Fund is not a guaranty of future results; (g) all Fund investments are made at your own risk and are without recourse to us and we are not responsible for any losses related to your investment in the Shares; (h) the records of the Fund will show that Shares purchased under this Service are held in our name, and not in your name, while our records will show your beneficial ownership of Shares of the selected Fund; and (i) the Fund may pay compensation to us for shareholder accounting and other administrative services we provide in connection with offering the Service.
Investor Acknowledgments. The Investor has had the opportunity, directly or through its representatives, to ask questions of and receive answers from Persons acting on behalf of the Company concerning the transactions contemplated by this Agreement and has received sufficient information to evaluate its investment in the Company. The Investor acknowledges that the conversion of the Convertible Note into shares of Common Stock is subject to a number of contingencies set forth in the Convertible Note, one or more of which may not occur. The decision of the Investor to purchase the securities being acquired by it pursuant hereto is based on the information contained in this Agreement and its own independent investigation of the Company. The Investor has been, and will continue to be, solely responsible for making its own independent appraisal of an investigation into, and in connection with this Agreement and the transactions contemplated hereby it has made such an independent appraisal of an investigation into, the financial condition, creditworthiness, affairs, status and nature of the Company, and it has not relied, and will not hereafter rely, on the Company or any Affiliate or representative of the Company with respect to such matters or to update the Investor with respect to such matters.
Investor Acknowledgments. Investor Acknowledgments from each Investor, duly executed and delivered by each Investor;
Investor Acknowledgments. (1) Each Cash Equity Investor is an "accredited investor" as defined in Regulation D of the Securities Act. Its representatives have been provided an opportunity to ask questions of, and have received answers thereto from, the Company and its representatives regarding the terms and conditions of its purchase of Securities, and the Company and its proposed business generally, and have obtained all additional information requested by it to verify the accuracy of all information furnished to it in connection with such purchase.
Investor Acknowledgments. 10 Section 4.04. Financial Advisors...............................................................11 Section 4.05. Legend...........................................................................11 Section 4.06. No other Representations or Warranties...........................................11 Section 4.07. No Action Taken to Invalidate Private Placement..................................12
Investor Acknowledgments. (a) Each of the Investor and each Purchaser has had the opportunity, directly or through its representatives, to ask questions of and receive answers from Persons acting on behalf of the Company concerning the transactions contemplated by this Agreement.
