Access to Information; Independent Investigation Sample Clauses

Access to Information; Independent Investigation. Prior to the execution of this Agreement, the Subscriber has had the opportunity to ask questions of and receive answers from representatives of the Company concerning an investment in the Company, as well as the finances, operations, business and prospects of the Company, and the opportunity to obtain additional information to verify the accuracy of all information so obtained. In determining whether to make this investment, Subscriber has relied solely on Subscriber’s own knowledge and understanding of the Company and its business based upon Subscriber’s own due diligence investigation and the information furnished pursuant to this paragraph. Subscriber understands that no person has been authorized to give any information or to make any representations which were not furnished pursuant to this Section 2 and Subscriber has not relied on any other representations or information in making its investment decision, whether written or oral, relating to the Company, its operations and/or its prospects.
Access to Information; Independent Investigation. The Buyer represents and warrants to, and covenants and agrees with, the Company as follows:
Access to Information; Independent Investigation. The Purchaser, in making the decision to purchase the Note, has relied upon independent investigations made by him or his representative, if any, and the Purchaser or his representative have, prior to any sale to the Purchaser, been given access and the opportunity to ask questions of and to receive answers from, the Seller or any person acting on his behalf concerning the books and records of the Seller, all material contracts and documents of the Seller, and the terms and conditions of the transactions contemplated by this Agreement. Purchaser or his representative have been furnished with all materials relating to the business, finances, and operation of the Seller and the Purchaser or its representative has received complete and satisfactory answers to any and all inquiries relating thereto. In this regard, Purchaser expressly acknowledges that he has conducted, or has been afforded the opportunity to conduct an investigation of the Seller, and has been offered the opportunity to ask representatives of the Seller, questions about the Sellers financial condition, together with current and proposed future business plans, and that Purchaser has obtained such available information as Purchaser has requested, to the extent Purchaser has deemed necessary, to permit him to fully evaluate the merits and risks of an investment in the Note. Purchaser is satisfied as to all inquiries that Purchaser has concerning the Seller and his business activities, and the purchase of the Note.
Access to Information; Independent Investigation. Each Note Purchaser represents and warrants to, and covenants and agrees with, the Company and Diomed as follows:
Access to Information; Independent Investigation. The Undersigned, in making the decision to purchase the Shares, has relied upon independent investigations made by him or his representative, if any, and the Undersigned or his representative have, prior to any sale to the Undersigned, been given access and the opportunity to ask questions of and to receive answers from, the Company or any person acting on its behalf and the terms and conditions of the transactions contemplated by this Agreement. The Undersigned or his representative have been furnished with all materials relating to the business, finances, and operation of the Company relating to the Undersigned’s investment in the Shares, and the Undersigned or his representative has received complete and satisfactory answers to any and all inquiries relating thereto.
Access to Information; Independent Investigation. The Investor hereby acknowledges that:
Access to Information; Independent Investigation. The Buyers represent and warrant to, and covenant and agree with, the Company as follows:
Access to Information; Independent Investigation a. The Buyer represents and warrants to, and covenants and agrees with, the Company as follows: Without limiting Buyers right to sell the Preferred Stock or any Common Stock pursuant to the Registration Statement the buyer is purchasing the Preferred Stock and will acquiring shares of Common Stock issuable upon conversion of the Preferred Stock for its own account for investment only and not with a view towards the public sale or distribution thereof and not with a view to or for sale in connection with any distribution thereof;
Access to Information; Independent Investigation. Prior to the execution of this Agreement, the Subscriber has had the opportunity to ask questions of and receive answers from representatives of the Company concerning an investment in the Company, as well as the finances, operations, business and prospects of the Company, and the opportunity to obtain additional information to verify the accuracy of all information so obtained. In determining whether to make this investment, Subscriber has relied solely on Subscriber’s own knowledge and understanding of the Company and its business based upon Subscriber’s own due diligence investigation and the information furnished pursuant to this paragraph. Subscriber understands that no person has been authorized to give any information or to make any representations which were not furnished pursuant to this Section 2 and Subscriber has not relied on any other representations or information in making its investment decision, whether written or oral, relating to the Company, its operations and/or its prospects. 2.1.6 Regulation D Offering. Subscriber represents that it is an “accredited investor” as such term is defined in Rule 501(a) of Regulation D under the Securities Act of 1933, as amended (the “Securities Act”) and acknowledges the sale contemplated hereby is being made in reliance on a private placement exemption to “accredited investors” within the meaning of Section 501(a) of Regulation D under the Securities Act or similar exemptions under federal and state law. 2.1.7
Access to Information; Independent Investigation. The Lender represents and warrants to, and covenants and agrees with, the Company as follows: Without limiting Lender's right to sell the Securities pursuant to an effective registration statement or otherwise in compliance with the 1933 Act, the Lender is purchasing the Securities for its own account for investment only and not with a view towards the public sale or distribution thereof and not with a view to or for sale in connection with any distribution thereof. The Lender is (i) an "accredited investor" as that term is defined in Rule 501 of the General Rules and Regulations under the 1933 Act, (ii) experienced in making investments of the kind described in this Agreement and the other Transaction Agreements, (iii) able, by reason of the business and financial experience of its officers (if an entity) and professional advisors (who are not affiliated with or compensated in any way by the Company or any of its Affiliates or selling agents), to protect its own interests in connection with the transactions described in this Agreement and the other Transaction Agreements, and to evaluate the merits and risks of an investment in the Securities, and (iv) able to afford the entire loss of its investment in the Securities. All subsequent offers and sales of the Securities by the Lender shall be made pursuant to registration of the relevant Securities under the 1933 Act or pursuant to an exemption from such registration. The Lender understands that the Securities are being offered and sold to it in reliance on specific exemptions from the registration requirements of the 1933 Act and state securities laws and that the Company is relying upon the truth and accuracy of, and the Lender's compliance with, the representations, warranties, agreements, acknowledgments and understandings of the Lender set forth herein in order to determine the availability of such exemptions and the eligibility of the Lender to acquire the Securities. The Lender and its advisors, if any, have been furnished with or have been given access to all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Purchased Securities which have been requested by the Lender, including those set forth on in any annex attached hereto. The Lender and its advisors, if any, have been afforded the opportunity to ask questions of the Company and its management and have received complete and satisfactory answers to any such inquiries. Wi...