SELLER WHEREWITHAL AND INVESTMENT EXPERIENCE Sample Clauses

SELLER WHEREWITHAL AND INVESTMENT EXPERIENCE. Seller represents and warrants: (1) that Seller understands the term "Accredited Investor" as defined in Rule 501 of Regulation D promulgated under the Securities Act ("Regulation D"); and (2)it is an Accredited Investor, but, regardless of whether or not it meets the definition of Accredited Investor, that Seller is capable of evaluating the merits and risks of Seller's investment in the Buyer Common Stock to be issued pursuant to this Agreement and has the capacity to protect its own interests in connection therewith, based on Seller's own business and financial experience and knowledge or based on the collective business and financial experience and knowledge of Seller and Seller's independent financial advisor (i.e., a person who regularly as part of his business customarily is compensated by persons who rely upon him for investment advice and decisions and who is not directly or indirectly affiliated with or in a business relationship with Buyer). Seller acknowledges that Seller is able in a business transaction such as the one contained in this Agreement to fend for itself, and that Seller can bear the economic risk of an investment in the Buyer Common Stock for an indefinite time. Seller further represents and warrants that Buyer may further attribute Seller's representations herein to also include Seller's shareholders, management and other advisors.
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Related to SELLER WHEREWITHAL AND INVESTMENT EXPERIENCE

  • Investment Experience Holder understands that the purchase of this Warrant and its underlying securities involves substantial risk. Holder has experience as an investor in securities of companies in the development stage and acknowledges that Holder can bear the economic risk of such Holder’s investment in this Warrant and its underlying securities and has such knowledge and experience in financial or business matters that Holder is capable of evaluating the merits and risks of its investment in this Warrant and its underlying securities and/or has a preexisting personal or business relationship with the Company and certain of its officers, directors or controlling persons of a nature and duration that enables Holder to be aware of the character, business acumen and financial circumstances of such persons.

  • Prior Investment Experience The Holder acknowledges that it has prior investment experience, including investment in securities of the type being exchange, including the Securities or the Exchange Securities, and has read all of the documents furnished or made available by the Company to it and is able to evaluate the merits and risks of such an investment on its behalf, and that it recognizes the highly speculative nature of this investment.

  • Financial and Business Sophistication It has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of the prospective investment in the Subordinated Notes. It has relied solely upon its own knowledge of, and/or the advice of its own legal, financial or other advisors with regard to, the legal, financial, tax and other considerations involved in deciding to invest in the Subordinated Notes.

  • Investment Analysis and Implementation In carrying out its obligations under Section 1 hereof, the Advisor shall:

  • Covenant to Provide Financial Information and Maintain Sufficient Capital The Administrator shall obtain and maintain the necessary capital to fulfill its obligations under this Agreement and shall remain solvent. The Administrator will report to the Issuer on a semi-annual basis its current and total assets, current and total liabilities, and total equity and the Company intends to include such amounts in its SEC reports.

  • Presentation of Potential Target Businesses The Company shall cause each of the Initial Shareholders to agree that, in order to minimize potential conflicts of interest which may arise from multiple affiliations, the Initial Shareholders will present to the Company for its consideration, prior to presentation to any other person or company, any suitable opportunity to acquire an operating business, until the earlier of the consummation by the Company of a Business Combination or the liquidation of the Company, subject to any pre-existing fiduciary obligations the Initial Shareholders might have.

  • Other Business and Financial Information The Borrower will deliver to each Lender:

  • Investment Analysis and Commentary The Subadviser will provide quarterly performance analysis and market commentary (the “Investment Report”) during the term of this Agreement. The Investment Reports are due within 10 days after the end of each quarter. In addition, interim Investment Reports shall be issued at such times as may be mutually agreed upon by the Adviser and Subadviser; provided however, that any such interim Investment Report will be due within 10 days of the end of the month in which such agreement is reached between the Adviser and Subadviser. The subject of each Investment Report shall be mutually agreed upon. The Adviser is freely able to publicly distribute the Investment Report.

  • Sales Material and Information 4.1. The Company shall furnish, or shall cause to be furnished, to the Fund or its designee, each piece of sales literature or other promotional material in which the Fund or its investment adviser or the Underwriter is named, at least fifteen Business Days prior to its use. No such material shall be used if the Fund or its designee reasonably objects to such use within fifteen Business Days after receipt of such material.

  • Financial and Business Information The Company shall deliver to each holder of Notes that is an Institutional Investor:

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