Representations and Warranties of the Warrantholder. The Warrantholder, by its acceptance of the Warrants to be issued herewith represents and warrants to the Company that (a) it is an "accredited investor" as such term is defined in Rule 501(a) of Regulation D promulgated under the Securities Act, and (b) it is acquiring the Warrants and the Warrant Shares to be issued upon exercise of such Warrants for investment, for its own account, and not with a view to, or for sale in connection with, any distribution.
Representations and Warranties of the Warrantholder. The Warrantholder represents and warrants to the Company as follows:
Representations and Warranties of the Warrantholder. This Warrant has been issued by the Company in reliance upon the following representations and covenants of Warrantholder.
Representations and Warranties of the Warrantholder. Fifth Third Bank represents and warrants to Vantiv that the statements contained in this Article II are true and correct as of the date of this Agreement and the Effective Date.
Representations and Warranties of the Warrantholder. Each Warrantholder hereby represents and warrants to the Company, as follows:
Representations and Warranties of the Warrantholder. (a) This Warrant is being issued to Warrantholder in reliance upon Warrantholder's representation to the Company, which by Warrantholder's execution of this Warrant, Warrantholder hereby confirms, that this Warrant and the Common Stock (collectively, the "Securities") will be acquired for investment for Warrantholder's own account, not as a nominee or agent, and not with a view to the resale or distribution of any part thereof, and that Warrantholder has no present intention of selling, granting any participation in, or otherwise distributing the same. By executing this Warrant, Warrantholder further represents that it does not have any contract, undertaking, agreement or arrangement with any person to sell, transfer or grant participations to such person or to any third person, with respect to any of the Securities.
(b) Warrantholder is an investor in securities of companies in the development stage and acknowledges that it is able to fend for itself in transactions such as the one contemplated by this Warrant, can bear the economic risk of its investment, and has such knowledge and experience in financial or business matters that it is capable of evaluating the merits and risks of the investment in the Securities. If other than an individual, Warrantholder represents it has not been organized for the purpose of acquiring the Securities.
(c) Warrantholder is an "accredited investor" within the meaning of Securities and Exchange Commission ("SEC") Rule 501 of Regulation D, as presently in effect. Warrantholder understands that the Securities it is purchasing are characterized as "restricted securities" under the federal securities laws inasmuch as they are being acquired from the Company in a transaction not involving a public offering and that under such laws and applicable regulations such securities may be resold without registration under the Act only in certain limited circumstances. In this connection, such Investor represents that it is familiar with SEC Rule 144, as presently in effect, and understands the resale limitations imposed
Representations and Warranties of the Warrantholder. Each Warrantholder hereby represents and warrants to the Company and each Stockholder as to itself, as follows:
Representations and Warranties of the Warrantholder. As of the date hereof and as of each exercise of this Warrant, the Warrantholder represents and warrants to the Company as follows:
(i) The Warrantholder is not a “U.S. person” within the meaning of Regulation S under the Securities Act.
Representations and Warranties of the Warrantholder. This Warrantholder warrants and covenants as follows:
Representations and Warranties of the Warrantholder. This Agreement has been entered into by the Company in reliance upon the following representations and warranties of the Warrantholder:
