Common use of SOPHISTICATION AND FINANCIAL CONDITION OF PURCHASER Clause in Contracts

SOPHISTICATION AND FINANCIAL CONDITION OF PURCHASER. The Purchaser represents and warrants to the Company and Holdings that it is an "Accredited Investor" as defined in Regulation D under the Securities Act and that it considers itself to be an experienced and sophisticated investor and to have such knowledge and experience in financial and business matters as are necessary to evaluate the merits and risks of an investment in the Secured PIK Note.

SOPHISTICATION AND FINANCIAL CONDITION OF PURCHASER. The Such Purchaser represents and warrants to the Company and Holdings that it is an "Accredited Investor" as defined in Regulation D under the Securities Act and that it considers itself to be an experienced and sophisticated investor and to have such knowledge and experience in financial and business matters as are necessary to evaluate the merits and risks of an investment in the Secured PIK NoteSecurities.

SOPHISTICATION AND FINANCIAL CONDITION OF PURCHASER. The Each Purchaser represents and warrants to the Company and Holdings that it is an "Accredited Investor" as defined in Regulation D under the Securities Act and that it considers itself to be an experienced and sophisticated investor and to have such knowledge and experience in financial and business matters as are necessary to evaluate the merits and risks of an investment in the Secured PIK NotePreferred Shares and the Warrants.

SOPHISTICATION AND FINANCIAL CONDITION OF PURCHASER. The Each Purchaser represents and warrants to the Company and Holdings that it is an "Accredited Investor" as defined in Regulation D under the Securities Act and that it considers itself to be an experienced and sophisticated investor and to have such knowledge and experience in financial and business matters as are necessary to evaluate the merits and risks of an investment in the Secured PIK NotePreferred Shares.