Speculative Nature of Investment. The Investor understands and acknowledges that the Company has a limited financial and operating history and that an investment in the Company is highly speculative and involves substantial risks. The Investor can bear the economic risk of the Investor’s investment and is able, without impairing the Investor’s financial condition, to hold the Shares and the Conversion Shares for an indefinite period of time and to suffer a complete loss of the Investor’s investment. Without limiting the foregoing, Investor acknowledges that the success of the Company may depend on the issuance of patents with claims that allow the Company to prevent other parties from producing products that are substantially similar to the proposed products of the Company and that Company has no issued patents and that there is no assurance that the Company receive any issued patents in the future or that if and when issued any such patents would be enforceable and/or commercially valuable to the Company. In addition, Investor acknowledges that third parties may hold patents that, and/or file patent applications that if and when issued could prevent the Company from offering for sale the Company’s products as currently proposed and that there is no guarantee in any such event that Company could successfully design around any such patent protection. the Investor further acknowledges that Company will require additional capital in the future to accomplish its business objectives and that there is no guarantee the Company will be able to raise additional capital on terms acceptable to the Company, if at all. Investor also acknowledges that the Company’s success is conditioned up, among other things, commercial acceptance of the Company’s products by consumers at a purchase price that is profitable the Company. To date the Company has not manufactured or sold any products and there is no guarantee that the Company will be able to design and manufacture its products or that consumers will purchase the Company’s products if and when manufactured and offered for sale. Without limiting the foregoing, Investor acknowledges the disclosures set forth in Section 4.4 of the Schedule of Exceptions.
Appears in 4 contracts
Samples: Series B Preferred Stock Purchase Agreement, Series a 1 Preferred Stock Purchase Agreement (PogoTec, Inc.), Series a Preferred Stock Purchase Agreement (PogoTec, Inc.)
