Status of the Buyer. Nothing in the Terms and Conditions or any Order shall create or be construed as creating a partnership, joint venture, a contract of employment or relationship of employer and employee, or a relationship of principal and agent between the Buyer and the Company.
Status of the Buyer. Neither the Buyer nor any of its Affiliates shall, as a result of the Buyer entering into, or performing under, this Agreement and the other Transaction Documents to which it is or will be a party (A) have the power, directly or indirectly, to exercise a controlling influence over, or direct, the management or policies of the Company or any Subsidiary, (B) be in “control” of the Company or any Subsidiary, as such term is used in 12 C.F.R. Part 238, or otherwise be required to register as a savings and loan holding company, as such term is defined in 12 C.F.R. § 238.2(m), or (C) be an “affiliate” (as defined under 12 C.F.R. § 238.2(a)) of any Subsidiary, such that any transactions between the Buyer and such Subsidiary would be subject to compliance with §§ 23A and 23B of the Federal Reserve Act or Regulation W, 12 C.F.R. Part 223.
Status of the Buyer. 3.1 It is acknowledged that the Buyer may be an Agency or a Direct Advertiser. Where the Buyer is an Agency, it is deemed for all purposes of the Agreement to contract with TI Media as principal at law in all respects and not in any circumstances as an agent on behalf of its Clients. Accordingly, all rights and responsibilities under the Agreement shall exist solely between TI Media and the Agency and the Agency will be responsible for the payment of all amounts due to TI Media and the performance of all other obligations of the Buyer under the Agreement.
3.2 If an Affiliate of an Agency is entitled to the benefit of the Agreement: (a) the Agency shall be responsible for the acts and/or omissions of such Affiliate in connection with the Agreement; and (b) the Agency will be liable to TI Media for the acts or omissions of the Affiliate as if they were acts or omissions of the Agency.
Status of the Buyer. The Buyer represents and warrants that (A) the Buyer is acquiring the Shares for its own account for investment and not for the account of any other person and not with a view to or for distribution, assignment or resale in connection with any distribution within the meaning of the Securities Act, (B) the Buyer agrees not to sell or otherwise transfer the Shares unless they are registered under the Securities Act and any applicable state securities laws, or an exemption or exemptions from such registration are available, (C) the Buyer represents that it has knowledge and experience in financial and business matters such that it is capable of evaluating the merits and risks of acquiring the Shares,
Status of the Buyer. Each Buyer represents and warrants that (A) such Buyer is acquiring the Shares for his or its own account for investment and not for the account of any other person and not with a view to or for distribution, assignment or resale in connection with any distribution within the meaning of the Securities Act, (B) such Buyer agrees not to sell or otherwise transfer the Shares unless they are registered under the Securities Act and any applicable state securities laws, or an exemption or exemptions from such registration are available, (C) such Buyer represents that it has knowledge and experience in financial and business matters such that it is capable of evaluating the merits and risks of acquiring the Shares, (D) such Buyer has had access to all documents, records, and books of the Company pertaining to the investment and was provided the opportunity ask questions and receive answers regarding the terms and conditions of the acquisition of the Shares and to obtain any additional information which the Company possesses or was able to acquire without unreasonable effort and expense, and such Buyer received information concerning the Company, the Seller and the Shares equivalent to that which would have been included in a registration statement prepared under the Securities Act of 1933, as amended, and (E) such Buyer has no need for the liquidity in its investment in the Company and could afford the complete loss of such investment.
Status of the Buyer. The Buyer (i) is duly incorporated and validly existing under the laws of Germany and (ii) has the unrestricted capacity to execute this Agreement and to perform its obligations thereunder. No bankruptcy proceedings or other proceedings under applicable law providing protection against enforcement by creditors have been opened over Buyer's assets, and no circumstances exist which would require Buyer or Buyer's management, board or shareholders to apply for the opening of such proceedings.
Status of the Buyer. The Buyer is (i) a financial institution, or (ii) an institutional purchaser, or a sophisticated purchaser that is in the business of buying or originating loan and factoring accounts of the type being purchased or that otherwise deals in lending and factoring relationships in the ordinary course of its business.
Status of the Buyer. The Buyer is an Accredited Investor (as defined in SEC rules), and the Buyer understand that the Shares will not have been registered and will constitute "restricted securities".
Status of the Buyer
