Purchaser’s Acknowledgement. The Purchaser acknowledges that he/she has been informed that professional expertise and/or technical skill and knowledge may be required to detect defects in and non-compliant aspects concerning the Property.
Purchaser’s Acknowledgement. SELLER EXPRESSLY DISCLAIMS, AND PURCHASER ACKNOWLEDGES, THAT EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES IN ARTICLE IV, SELLER HAS NOT MADE NOR HAS PURCHASER RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, RELATING TO SELLER, THE PURCHASED ASSETS, OR THE BUSINESS.
Purchaser’s Acknowledgement a. The Purchaser acknowledges being aware of and fully acquainted with the matters hereinafter set forth, namely that:
i. The property is sold and will be transferred subject to all the conditions and servitudes mentioned or referred to in the Sellers' title deed and in accordance with the sectional plan and the participation quota endorsed thereon as and when approved and subject to any modification or alterations which may be made thereto from time to time in accordance with the provisions of the Act or of any authority, and subject to any applicable conditions of title which may be incorporated therein;
ii. if the areas of the common Property are found not to correspond to those set out in this agreement, the Seller shall not be liable for any shortfall nor shall it be entitled to claim compensation for any surplus;
iii. such rules may be amended, modified or replaced to accord with the reasonable requirements of any building society or bank approved by the Seller which may grant mortgage bonds to any Purchaser of a Property;
iv. such rules may grant to members of the Body Corporate the exclusive use of areas of the common Property;
v. He/she is aware of the Rules of the Body Corporate and that upon transfer of the unit into his/her name he/she will become a member of the Body Corporate established for the Scheme. The Purchaser binds him/herself to the said rules and accepts the unit subject to all the provisions of the Sectional Titles Act 9Act no. 95 of 1986) relating to the duties and powers of the Body Corporate and the said rules.
Purchaser’s Acknowledgement. PURCHASER EXPRESSLY AGREES AND ACKNOWLEDGES, FOR THE BENEFIT OF SELLER, THE AIRCRAFT MANUFACTURER, THE ENGINE MANUFACTURER AND THE AVIONICS MANUFACTURER, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES OR AGENTS, THAT: ****, (II) THAT SELLER IS NOT THE MANUFACTURER OF THE ENGINES OR AVIONICS (WHICH ARE WARRANTED SEPARATELY BY THE ENGINE MANUFACTURER AND AVIONICS MANUFACTURER, RESPECTIVELY), (III) THAT ANY OF THE AIRCRAFT (INCLUDING BUT NOT LIMITED TO THE AIRFRAME AND ANY ENGINE, LANDING GEAR, COMPONENT, EQUIPMENT AND PART INSTALLED THEREON, ANY OF THE AIRCRAFT DOCUMENTATION, AND ANY OTHER PART, DATA OR INFORMATION SOLD HEREUNDER) IS OF A MAKE, SIZE, DESIGN AND CAPACITY DESIRED BY PURCHASER FOR THE PURPOSES INTENDED BY PURCHASER, (IV) THAT SUBJECT TO THE WARRANTY IN SECTION 15, PURCHASER CONFIRMS THAT IT HAS NOT, IN ENTERING INTO THIS AGREEMENT, RELIED ON ANY ****Certain confidential portions of this document have been intentionally omitted from this exhibit and will be separately filed with the Commission. CONDITION, WARRANTY OR REPRESENTATION BY SELLER, THE ENGINE MANUFACTURER OR THE AVIONICS MANUFACTURER, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES OR AGENTS, EXPRESS OR IMPLIED, WHETHER ARISING BY APPLICABLE LAW OR OTHERWISE IN RELATION TO THE AIRCRAFT (INCLUDING BUT NOT LIMITED TO THE AIRFRAME OR ANY ENGINE, LANDING GEAR, COMPONENT, EQUIPMENT AND PART INSTALLED THEREON, ANY OF THE AIRCRAFT DOCUMENTATION AND ANY OTHER PART, DATA OR INFORMATION SOLD HEREUNDER) INCLUDING, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS AS TO THE DESCRIPTION, QUALITY, DURABILITY, AIRWORTHINESS, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, VALUE, CONDITION, DESIGN OR OPERATION OF ANY KIND OR NATURE OF THE AIRCRAFT (INCLUDING BUT NOT LIMITED TO THE AIRFRAME AND ANY ENGINE, LANDING GEAR, COMPONENT, EQUIPMENT AND PART INSTALLED THEREON APPLICABLE TO THE AIRCRAFT, ANY OF THE AIRCRAFT DOCUMENTATION AND ANY OTHER PART, DATA OR INFORMATION SOLD HEREUNDER) AS TO THE ABSENCE OF ANY LATENT, INHERENT OR ANY OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), OR AS TO THE INFRINGEMENT OF ANY PATENT, COPYRIGHT, DESIGN OR OTHER PROPRIETARY RIGHT; AND (V) THE BENEFIT OF ANY SUCH CONDITION, WARRANTY OR REPRESENTATION IS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVED BY PURCHASER. ****
Purchaser’s Acknowledgement. Each Purchaser hereby agrees and acknowledges (a) receipt of payments in full satisfaction of the interest payments due on December 31, 2008, March 31, 2009, June 30, 2009 and September 30, 2009, (b) receipt of quarterly financial statements for the quarter ended June 30, 2009, which Purchasers acknowledge demonstrate Annualized Aggregate Net Product Sales in excess of $100,000,000 for purposes of Section 9.6 of the Loan Agreement, and (c) that interest on the unpaid principal balance of the Notes shall accrue from and after October 1, 2009, at the rate of 15% per annum; provided, however, that interest on such unpaid balance shall accrue at the rate of 17% per annum during the continuance of any Event of Default after the Effective Date.
Purchaser’s Acknowledgement. It is the understanding of the Purchaser that, and he or she hereby acknowledges, that the Purchaser is aware that no Proposed Sale presently is contemplated and that such a sale may never occur.
Purchaser’s Acknowledgement. Purchaser acknowledges that its Members, managers, officers and beneficial owners have had complete access to all books and records of Seller and the Business, and such individuals on behalf of Purchaser are knowledgeable in all respects of the business, operations, financial condition and general administrative affairs of Seller, the Business and the Purchased Assets. Purchaser also acknowledges that one or more of its Members, managers, officers and beneficial owners has, prior to the Closing, had management and operational control of the day-to-day Business and Purchased Assets conducted in the U.S. Virgin Islands. Purchaser agrees to provide Seller with written notice prior to Closing of any information of which Purchaser is aware (including any information of which Purchaser should be aware) that would make any of the Seller’s representations or warranties incomplete or inaccurate.
Purchaser’s Acknowledgement. The Purchaser acknowledges that it has not been induced to enter into this Agreement by any representation promise or warranty other than the Warranties and Indemnities. Accordingly (except in respect of fraud) no representations warranties or undertakings (apart from the Warranties and Indemnities) express or implied statutory or otherwise made by or on behalf of the Vendors and in relation to the Company shall give rise to any liability for misrepresentation on the part of the Vendors or the maker or makers of any such representations, warranties or undertakings.
Purchaser’s Acknowledgement. The Purchaser acknowledges, in respect of the Stockholders’ representations in clauses clauses 3.12(a), 3.12(b) 3.12(i) or 3.12(j), that the Stockholders have not conducted registration searches for patents or trademarks or made inquiries of third parties. The Stockholders agree that the foregoing acknowledgement does not relieve them from any liability in respect of the representations made by them in clauses 3.12(a), 3.12(b) 3.12(i) or 3.12(j).
Purchaser’s Acknowledgement. Investment risks – Have you read this form, and do you understand the risks of making this investment? ☐ ☐ Offering document – Has an offering document relating to this investment been made available to you on the funding portal? The offering document contains important information about this investment. If you have not read the offering document or if you do not understand the information in it, you should not invest. You should retain a copy of the offering document for your records. Have you read and do you understand the information in the offering document? ☐ ☐ ☐ ☐ Electronic signature: By checking this Box, ☐, I acknowledge that I am signing this form electronically and agree that this is the legal equivalent of my handwritten signature. I will not at any time in the future claim that my electronic signature is not legally binding. The date of my electronic signature is the same as my acknowledgement
