Common use of Seller Bears Economic Risk Clause in Contracts

Seller Bears Economic Risk. Seller has substantial experience in evaluating and investing in private placement transactions of securities in companies similar to Buyer so that it is capable of evaluating the merits and risks of its investment in Buyer and has the capacity to protect its own interests. Seller must bear the economic risk of this investment indefinitely unless the Shares are registered pursuant to the Securities Act or an exemption from registration is available.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Digital River Inc /De), Asset Purchase Agreement (Digital River Inc /De), Asset Purchase Agreement (Calico Commerce Inc/)

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Seller Bears Economic Risk. Seller has substantial experience in evaluating and investing in private placement transactions of securities in companies similar to Buyer so that it is capable of evaluating the merits and risks of its investment in Buyer and has the capacity to protect its own interests. Seller must bear the economic risk of this investment indefinitely unless the Buyer Shares are registered pursuant to the Securities Act Act, or an exemption from registration is available. Seller understands that Buyer has no present intention of registering the Buyer Shares.

Appears in 1 contract

Samples: Asset Purchase and Redemption Agreement (Cerus Corp)

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Seller Bears Economic Risk. The Seller has substantial experience in evaluating and investing in private placement transactions of securities in companies similar to Buyer the Company so that it is capable of evaluating the merits and risks of its investment in Buyer the Company and has the capacity to protect its own interests. The Seller understands and accepts that it must bear the economic risk of this investment indefinitely unless the Purchased Shares (and any Common Shares issuable upon the conversion of the Purchased Shares) are registered pursuant to the Securities Act Act, or an exemption from registration is available.

Appears in 1 contract

Samples: Series B 1 and Series C Preferred Share Purchase Agreement (Winthrop Realty Trust)

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