Lender Bears Economic Risk. Such Lender has substantial experience in evaluating and investing in private placement transactions of securities in companies similar to the Parent so that it is capable of evaluating the merits and risks of its investment in the Parent and has the capacity to protect its own interests. Such Lender must bear the economic risk of this investment until the Securities are sold pursuant to (i) an effective registration statement under the Securities Act, or (ii) an exemption from registration is available.
Appears in 4 contracts
Samples: Security Agreement (Sten Corp), Security Agreement (Rapid Link Inc), Security Agreement (NewMarket Technology Inc)
Lender Bears Economic Risk. Such Lender has substantial experience in evaluating and investing in private placement transactions of securities in companies similar to the Parent so that it is capable of evaluating the merits and risks of its investment in the Parent and has the capacity to protect its own interests. Such Lender must bear the economic risk of this investment until the Securities are sold pursuant to (i) an effective registration statement under the Securities Act, or (ii) an exemption from registration is available.
Appears in 2 contracts
Samples: Security Agreement (Applied Digital Solutions Inc), Security Agreement (Digital Angel Corp)
Lender Bears Economic Risk. Such Lender has substantial experience in evaluating and investing in private placement transactions of securities in companies similar to the Parent Accentia so that it is capable of evaluating the merits and risks of its investment in the Parent Accentia and has the capacity to protect its own interests. Such Lender must bear the economic risk of this investment until the Securities Accentia Term Notes are sold pursuant to (i) an effective registration statement under the Securities Act, or (ii) an exemption from registration is available.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Accentia Biopharmaceuticals Inc)