Sophistication and Experience. Stanford, either alone or together with its representatives, has such knowledge, sophistication and experience in business and financial matters so as to be capable of evaluating the merits and risks of the prospective investment in the Securities and has so evaluated the merits and risks of such investment.
Sophistication and Experience. Each FRAC Shareholder represents that it is experienced in evaluating and investing in securities of companies such as PMC and acknowledges that it is able to fend for itself, can bear the economic risk of the investment including the risk that it may lose its entire investment, and has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of the investment in the securities of PMC (“PMC Shares”). In addition, each FRAC Shareholder is fully aware of: (i) the highly speculative nature of the investment in the PMC Shares; (ii) the financial hazards involved; (iii) the lack of liquidity of the PMC Shares and the restrictions on transferability of the PMC Shares; and (iv) the qualifications and backgrounds of the management of PMC and the business of PMC.
Sophistication and Experience. Lender is an "accredited ----------------------------- investor" as defined in Rule 501(a) of Regulation D promulgated pursuant to the Securities Act, and that it personally, or together with its purchaser representative, has such knowledge and experience in financial and business matters to be capable of evaluating the merits and risks of its investment in Borrower and the Term Loan Note. Further, it is financially able to bear the economic risk of its investment, can afford to hold the Term Loan Note for an indefinite period, and can afford a complete loss of its investment.
Sophistication and Experience. Such Consenting Noteholder (i) understands that the Transactions involve substantial risk, (ii) has the requisite knowledge and experience in financial and business matters, investments and transactions of the type contemplated by this Agreement and the Transactions such that it is capable of evaluating the merits and risks of entering into this Agreement and of making an informed investment decision with respect to the Transactions, (iii) has conducted an independent review and analysis of the business and affairs of the Company that it considers sufficient and reasonable for purposes of entering into this Agreement and the Transactions, including representing that such Consenting Noteholder is knowledgeable with respect to the Company and its condition (financial and otherwise), results of operations, businesses, properties, plans and prospects, was afforded the opportunity, together with its advisors, to conduct due diligence on the Company prior to execution of this Agreement, has received and reviewed, and/or consulted with its advisors with respect to, the Company’s publicly available information and the other information provided by the Company upon request of such Consenting Noteholder and/or its advisors, and has had a reasonable opportunity to ask questions of the Company and its representatives, including with respect to such information, and the Company or its representatives have answered to the satisfaction of such Consenting Noteholder all inquiries that such Consenting Noteholder has put to the Company, (iv) has been afforded an opportunity to negotiate, either directly or through its advisors, the terms of such Consenting Noteholder’s participation in, and has received and reviewed, either directly or through its advisors, sufficient information that such Consenting Noteholder, in its sole discretion, has deemed to be necessary or appropriate to make an informed decision on whether to participate in, the transactions contemplated by this Agreement and the transactions contemplated hereby and the terms of, and consequences of ownership of, the New Securities, as applicable, (v) understands that nothing in this Agreement or any other document contemplated hereby constitutes legal, tax, accounting, financial or investment advice, and such Consenting Noteholder has consulted such legal, tax, accounting, financial and investment advisors as it, in its sole discretion, has deemed to be necessary or appropriate, and (vi) certifies that, to the ex...
Sophistication and Experience. The Seller (i) is a sophisticated investor and has such knowledge and experience in financial and business matters as to be capable of evaluating independently the merits, risks and suitability of entering into this Agreement and the transactions contemplated hereby, (ii) has conducted its own analysis and due diligence and independently obtained such information as it deems necessary in order to make an informed investment decision with respect to the Shares, (iii) is able to bear the risks attendant to the transactions contemplated hereby and (iv) acknowledges that the Purchase Price was negotiated privately between the parties hereto.
Sophistication and Experience. The Buyer (i) is a sophisticated investor and has such knowledge and experience in financial and business matters as to be capable of evaluating independently the merits, risks and suitability of entering into this Agreement and the transactions contemplated hereby, (ii) has conducted its own analysis and due diligence and independently obtained such information as it deems necessary in order to make an informed investment decision with respect to the Shares, (iii) is able to bear the risks attendant to the transactions contemplated hereby; (iv) acknowledges that (a) the Shares are being sold hereunder in a private transaction, and (b) the Purchase Price was negotiated privately between the parties hereto; and (v) the Seller has access to or possess material non-public or confidential information (the “Confidential Information”) regarding the Company and the Shares, and the Buyer represents that it will not pursue any claim against the Seller or its affiliates based on or relating to the Seller's possession of any Confidential Information.
