Common use of Other Acknowledgments Clause in Contracts

Other Acknowledgments. (a) Each of the Sellers hereby represents, warrants and acknowledges that it or he is a sophisticated investor and that it or he knows that the Company, FSAM or the Buyers may have material non-public information concerning the Company and its condition (financial and otherwise), results of operations, businesses, properties, plans and prospects and that such information could be material to Sellers’ decision to sell the Purchased Shares or otherwise materially adverse to Sellers’ interests. Each of the Sellers acknowledges and agrees that FSAM, the Buyers and the Company shall have no obligation to disclose to it or him any such information and hereby waives and releases, to the fullest extent permitted by applicable law, any and all claims and causes of action it or he has or may have against Company, FSAM and the Buyers, and their respective Affiliates, officers, partners, directors, employees, agents and representatives based upon, relating to or arising out of nondisclosure of such information or the sale of the Purchased Shares hereunder.

Appears in 6 contracts

Samples: Purchase and Settlement Agreement (Rivernorth Capital Management, LLC), Purchase and Settlement Agreement (Tannenbaum Leonard M), Purchase and Settlement Agreement (Tannenbaum Leonard M)

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Other Acknowledgments. (a) Each of the Sellers Sellers, Third Point and Mr. Loeb hereby represents, warrants represents and acknowledges xxxxxxxxdges that it or he is a sophisticated investor and that it or he knows that the Company, FSAM or the Buyers Company may have material non-public information Confidential Information concerning the Company and its condition (financial and otherwise), results of operations, businesses, properties, plans and prospects and that such information could be material to Sellers' decision to sell the Purchased Shares or otherwise materially adverse to Sellers' interests. Each of the Sellers Sellers, Third Point and Mr. Loeb acknowledges and agrees that FSAM, the Buyers and the agreex xxxx xhe Company shall have no obligation to disclose to it or him any such information and hereby waives and releases, to the fullest extent permitted by applicable lawbylaw, any and all claims and causes of action it or he has or may have against Company, FSAM and the Buyers, Company and their respective Affiliates, officers, partners, directors, employees, agents and representatives based upon, relating to or arising out of nondisclosure of such information or the sale of the Purchased Shares hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (Third Point LLC), Purchase Agreement (Third Point LLC)

Other Acknowledgments. (a) Each of the Sellers Sellers, Third Point and Mr. Loeb hereby represents, warrants represents and acknowledges axxxxxxxxges that it or he is a sophisticated investor and that it or he knows that the Company, FSAM or the Buyers Company may have material non-public information Confidential Information concerning the Company and its condition (financial and otherwise), results of operations, businesses, properties, plans and prospects and that such information could be material to Sellers' decision to sell the Purchased Shares or otherwise materially adverse to Sellers' interests. Each of the Sellers Sellers, Third Point and Mr. Loeb acknowledges and agrees that FSAM, the Buyers and the xxxx xxe Company shall have no obligation to disclose to it or him any such information and hereby waives and releases, to the fullest extent permitted by applicable lawbylaw, any and all claims and causes of action it or he has or may have against Company, FSAM and the Buyers, Company and their respective Affiliates, officers, partners, directors, employees, agents and representatives based upon, relating to or arising out of nondisclosure of such information or the sale of the Purchased Shares hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Third Point LLC)

Other Acknowledgments. (a) Each of the Sellers Seller hereby represents, warrants represents and acknowledges that it or he is a sophisticated investor and that it or he knows acknowledges that the Company, FSAM or the Buyers Company may have material non-public information Confidential Information concerning the Company and its condition (financial and otherwise), results of operations, businesses, properties, plans and prospects (including potential strategies, transactions, facts or circumstances that, if consummated, could be material to the Company) and that such information could be material to Sellers’ Seller's' decision to sell the Purchased Shares or otherwise materially adverse to Sellers’ Seller's interests. Each of the Sellers Seller acknowledges and agrees that FSAM, the Buyers and the Company shall have no obligation to disclose to it or him any such information and hereby waives and releases, to the fullest extent permitted by applicable law, any and all claims and causes of action it or he has or may have against Company, FSAM the Company and the Buyers, and their respective its Affiliates, officers, partners, directors, employees, agents and representatives based upon, relating to or arising out of nondisclosure of such information or the sale of the Purchased Shares hereunder.

Appears in 1 contract

Samples: Purchase Agreement (P&f Industries Inc)

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Other Acknowledgments. (a) Each of the Sellers Sellers, Third Point and Xx. Xxxx hereby represents, warrants represents and acknowledges that it or he is a sophisticated investor and that it or he knows that the Company, FSAM Buyer or the Buyers Company may have material non-public information Confidential Information concerning the Company and its condition (financial and otherwise), results of operations, businesses, properties, plans and prospects and that such information could be material to Sellers’ decision to sell the Purchased Shares or otherwise materially adverse to Sellers’ interests. Each of the Sellers Sellers, Third Point and Xx. Xxxx acknowledges and agrees that FSAM, the Buyers Buyer and the Company shall have no obligation to disclose to it or him any such information and hereby waives and releases, to the fullest extent permitted by applicable law, any and all claims and causes of action it or he has or may have against CompanyBuyer, FSAM and the Buyers, Company and their respective Affiliates, officers, partners, directors, employees, agents and representatives based upon, relating to or arising out of nondisclosure of such information or the sale of the Purchased Shares hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Aep Industries Inc)

Other Acknowledgments. (a) Each member of the Sellers Investor Group hereby represents, warrants and acknowledges that it or he is a sophisticated investor and that it or he knows that the Company, FSAM or the Buyers Company may have material non-public information concerning the Company and its condition (financial and otherwise), results of operations, businesses, properties, plans and prospects and that such information could be material to Sellers’ the Investor Group’s decision to sell the Purchased Shares or otherwise materially adverse to Sellers’ the Investor Group’s interests. Each member of the Sellers Investor Group acknowledges and agrees that FSAM, the Buyers and the Company shall have no obligation to disclose to it or him any such information and hereby waives and releases, to the fullest extent permitted by applicable law, any and all claims and causes of action it or he has or may have against Company, FSAM Company and the Buyers, and their respective its Affiliates, officers, partners, directors, employees, agents and representatives Representatives based upon, relating to or arising out of nondisclosure of such information or the sale of the Purchased Shares hereunder.

Appears in 1 contract

Samples: Purchase Agreement (HomeStreet, Inc.)

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