Lack of Operating History Sample Clauses

Lack of Operating History. In recent years, the Company has substantially changed its business plan. As a result, the Company's operating history under its current business plan is limited. In addition, one of the Company's Subsidiaries is a recent start-up electricity retail business. Such limited operating history of the Company and its Subsidiaries may not provide sufficient information for Purchasers to base an evaluation of likely performance. RISKS RELATED TO PROJECTIONS AND ESTIMATES All statements other than statements of historical facts included in the SEC Filings or any other information provided to a potential investor regarding the financial position, business strategy, plans and objectives of management for future operations of the Company and its Subsidiaries are projections and estimates based upon current information available to the Company. While we believe that such projections and estimates are based upon reasonable assumptions, there are significant risks and uncertainties that could significantly effect expected results. Important factors that could cause actual results to differ materially from those in the projections and estimates include, without limitation, the Risk Factors discussed herein, and many of those factors are beyond our control. All written and oral projections and estimates and "forward looking" statements attributable to the Company, whether contained in the SEC Filings or otherwise, are expressly qualified in their entirety by such factors. Purchasers should expect the assumptions and related projections and estimates to change as additional information becomes available. However, the Company does not intend to update or otherwise revise the projections and estimates provided to reflect events or circumstances after the date of such information or to reflect the occurrence of unanticipated events. A Purchaser should carefully review and consider the assumptions and estimates, and obtain the advice of legal and accounting experts and other professionals regarding these matters. Actual results may differ materially from any business descriptions and operating estimates contained in the information provided or available to a Purchaser.
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Lack of Operating History. The Fund is a newly organised entity that has no prior operating history or track record upon which prospective Shareholders may base an evaluation of their likely performance or the performance of an investment. The Fund’s results of operations will depend upon the availability of suitable investment opportunities for its Sub-Funds respectively and the performance of their investments and the successful investment of the assets of the Sub-Funds will depend on many factors, including, without limitation, upon the skills of the Portfolio Manager.
Sample 1
Lack of Operating History. As set forth above, the Company is a newly-formed entity and has no operating history. The Manager of the Company is two individuals with prior operating history. Since The Company will occupy a yet-to-be purchased property that has not been previously occupied, it's desirability as a hospitality location cannot be predicted with any reasonable certainty. Further, since the Company has not yet developed or produced the spirit line, there is no guarantee there will be sufficient consumer interest to make the line profitable. Factors which may contribute to the success of the Company include its location in Ulster County, New York and competition in the spirit market. LACK OF SURVEY DATA The Company has not undertaken any market studies to determine the statistical suitability of the location or the operation. NEW EMPLOYEES The Company must attract, hire, and train a number of new employees in a variety of roles, including distillery operators, farm operation personnel, hotel staff, and support personnel. The Company has not yet employed or trained any key personnel in management roles.
Sample 1
Lack of Operating History. In recent years, Amen has substantially changed its business plan. As a result, Amen’s operating history under its current business plan is limited. In addition, one of Amen’s Subsidiaries is a recent start-up electricity retail business with approximately two years of operating history. Such limited operating history of Amen and its Subsidiaries may not provide sufficient information for Investors to base an evaluation of likely performance. Risks Related to Projections and Estimates All statements other than statements of historical facts regarding the financial position, business strategy, plans and objectives of management for future operations of Amen and its Mid:010056\000010\578047.9 Schedule 4.3(b) Schedule 4.3(b) Subsidiaries are projections and estimates based upon information available to Amen at the time, such statements were made, whether in an SEC Filing or in other information provided to you. While we believe that such projections and estimates are based upon reasonable assumptions, there are significant risks and uncertainties that could significantly effect expected results. Important factors that could cause actual results to differ materially from those in the projections and estimates include, without limitation, the Risk Factors discussed herein, and many of those factors are beyond our control. All written and oral projections and estimates and “forward looking” statements attributable to Amen, whether contained in the SEC Filings or otherwise, are expressly qualified in their entirety by such factors. Investors should expect the assumptions and related projections and estimates to change as additional information becomes available. However, Amen does not intend to update or otherwise revise the projections and estimates provided to reflect events or circumstances after the date of such information or to reflect the occurrence of unanticipated events. A Investor should carefully review and consider the assumptions and estimates, and obtain the advice of legal and accounting experts and other professionals regarding these matters. Actual results may differ materially from any business descriptions and operating estimates contained in the information provided or available to a Investor. Volatility Of Oil And Gas Prices Anticipated results from our oil and gas royalty investments, including the Acquisition Properties, are substantially dependent on prices of oil and gas. Prices for oil and gas are subject to large fluctuations in respon...
Sample 1
Lack of Operating History. Investor understands that the Company is a development stage corporation and that the total amount of funds tendered to purchase the Securities are placed at risk of the business and may be completely lost.
Sample 1
Lack of Operating History. Substantially all of the Company's business activities are conducted through its subsidiaries, which have been in the development stage until recently. Potential investors should be aware of the difficulties encountered by a new enterprise, especially in view of the intense competition from existing and more established companies in the wastewater, waste management, environmental control, and soils products businesses which will be the principal focus of the Company. Since commercial operations have only recently commenced, the Company is without a history of significant revenues.
Sample 1
Lack of Operating History as Separate Entity; Limited Relevance of Historical Financial Information.......... 21
Sample 1
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Lack of Operating History. MDI was formed on March 23, 2015 for the sole purpose of acquiring the CynoGen Shares. MDI has no operations, no employees, and no Indebtedness or other liabilities. At the Closing, the only asset of MDI will be the CynoGen Shares.
Sample 1
Lack of Operating History. The Company is a start-up company and has no operating history. The Company is faced not only with general risks associated with any new business venture, but also special risks inherent in its prospective plan of business; the Company may not be successful or profitable.
Sample 1

Related to Lack of Operating History

  • Statement of Operations d. Statement of Changes in Net Assets.

  • Control of Operations Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.

  • Hours of Operation Tenant will carry on its business diligently and continuously in the Premises and will keep the Premises open for business not less than sixteen (16) consecutive hours each day seven (7) days per week, including holidays. Director or his/her representative may, from time to time, change such required hours of operation, in which event, Tenant will remain open during such revised hours. Similarly, Tenant may, from time to time, request to revise its hours of operation. Such change must be approved by Director or his/her representative, in writing, prior to its occurrence. Tenant may not, at any time, vacate or abandon the Premises.

  • Cessation of Operations Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.

  • Continuity of Operations (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.

  • Payment of Operating Expenses Subject to the provisions of Section 6.08(c), Borrower will (i) pay the expenses of operating, managing, maintaining and repairing the Mortgaged Property (including utilities, Repairs and Capital Replacements) before the last date upon which each such payment may be made without any penalty or interest charge being added, and (ii) pay Insurance premiums at least 30 days prior to the expiration date of each policy of Insurance, unless applicable law specifies some lesser period.

  • Maintenance of Operations The Company shall maintain operations at the Project for a minimum of ten (10) years beginning on the date the Project is Placed in Service. In addition to any other rights the Department may have under the terms of this Agreement, in the event that the Company discontinues of operations at the Project, such discontinuation may subject the Company to certain statutory provisions, including:

  • Conduct of Operations The Board of Directors and the General Partner shall use commercially reasonable efforts to conduct the business of the Partnership and its Affiliates in a manner that does not require a holder of Common Units to file a tax return in any jurisdiction with which the holder has no contact other than through ownership of Common Units.

  • Co-operation 1. The Parties shall take all appropriate and necessary measures to ensure fulfilment of the obligations and objectives arising out of this programme agreement.

  • Rent Rolls; Operating Histories The Seller has obtained a rent roll (the “Certified Rent Roll(s)”) other than with respect to hospitality properties certified by the related Mortgagor or the related guarantor(s) as accurate and complete in all material respects as of a date within 180 days of the date of origination of the related Mortgage Loan. The Seller has obtained operating histories (the “Certified Operating Histories”) with respect to each Mortgaged Property certified by the related Mortgagor or the related guarantor(s) as accurate and complete in all material respects as of a date within 180 days of the date of origination of the related Mortgage Loan. The Certified Operating Histories collectively report on operations for a period equal to (a) at least a continuous three-year period or (b) in the event the Mortgaged Property was owned, operated or constructed by the Mortgagor or an affiliate for less than three years then for such shorter period of time, it being understood that for mortgaged properties acquired with the proceeds of a Mortgage Loan, Certified Operating Histories may not have been available.

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