Acknowledgments, Representations, Warranties and Covenants of the Subscriber. The Subscriber hereby represents and warrants to the Fund and the Manager, and will be deemed to have so represented and warranted again at the Closing, as follows and acknowledges that the Fund and the Manager are relying on such representations and warranties in connection with the transactions contemplated herein:
Acknowledgments, Representations, Warranties and Covenants of the Subscriber. The Subscriber hereby represents and warrants to the Fund and the Manager, and will be deemed to have so represented and warranted again at the Closing, as follows and acknowledges that the Fund and the Manager are relying on such representations and warranties in connection with the transactions contemplated herein: The Subscriber is resident, its mind and management is primarily located, or its business is primarily administered from and its operations are primarily conducted, in the jurisdiction specified on the Face Page. If the Subscriber is an individual, then he or she is not less than 18 years of age and has not been found to be a person of unsound mind under any law or by any court of competent jurisdiction, and if the Subscriber is not an individual, then it is duly incorporated, continued, or formed, as the case may be, and is in good standing, under the laws of its jurisdiction of incorporation, continuance, or formation. If the Subscriber is an individual, then the Subscriber has the capacity, and if the Subscriber is not an individual, then the Subscriber has the power and authority, to sign this Subscription Agreement. After the Subscriber signs this Subscription Agreement, this Subscription Agreement will be binding on, and enforceable against, the Subscriber in accordance with its terms, except as such enforceability may be affected by laws affecting the enforcement of creditors’ rights generally, and the availability of equitable remedies may be limited by equitable principles of general applicability. The signing, delivery, and performance of this Subscription Agreement by the Subscriber do not, and will not, violate any law or order to which the Subscriber is subject or by which it is bound, or the terms of any agreement, commitment or arrangement to which it is a party. The Subscriber understands that the Manager is entering into this Subscription Agreement solely in its capacity as Manager on behalf of the Fund and not in any other capacity and the obligations of the Fund hereunder shall not be directly binding upon the Manager, and that resort shall not be had to, nor shall recourse be sought from, the Manager in respect of any indebtedness, obligation or liability of the Fund arising hereunder or arising in connection herewith or from the matters to which this Subscription Agreement relates, if any, including, without limitation, claims based on negligence or otherwise tortious behaviour, and recourse shall be limited to, and satisf...
Acknowledgments, Representations, Warranties and Covenants of the Subscriber. The Subscriber acknowledges that in connection with the purchase of the Units, the Subscriber (i) with respect to the Common Shares, has reviewed the Company’s Registration Statement on Form S-3, filed with the Securities and Exchange Commission (“SEC”) on May 27, 2015, effective as of June 5, 2015 (“Registration Statement”), including the prospectus which forms a part of the Registration Statement (“Base Prospectus”) and the prospectus supplement dated on or around June 1, 2018, filed with the SEC pursuant to Rule 424(b) of the Rules and Regulations of the Securities Act (the “Prospectus Supplement” and, together with the Base Prospectus, the “Prospectus”) and (ii) with respect to the Preferred Shares, Warrants and Warrant Shares, has not been furnished with or relied on any offering literature or information. The Subscriber acknowledges that he, she, or it has had an opportunity to ask questions and receive answers concerning the terms and conditions of the offering of the Units and to obtain any additional information necessary to verify the accuracy of such information that the Company or Board possess or could acquire without unreasonable effort or expense. To induce the Board to accept this subscription, the Subscriber acknowledges, represents, and warrants to, and agrees with, each of the Company and the Board that:
Acknowledgments, Representations, Warranties and Covenants of the Subscriber. The Subscriber (on its own behalf and, if applicable, on behalf of those for whom the Subscriber is contracting hereunder, including each Beneficial Purchaser) hereby represents and warrants to, and covenants with, the Corporation as follows and acknowledges that the Corporation is relying on such representations and warranties in connection with the transactions contemplated herein:
