Big Boy Representation. Such Purchaser understands and acknowledges that the Company is in possession of non-public information about the Company and its securities and its financial statements (which may include material non-public information) that may or may not be material or superior to information available to such Purchaser (the “Non-Public Information”), and such Purchaser has waived any right to receive such Non-Public Information. Such Purchaser further understands and acknowledges that the Company has not published its financial statements for the six-months period ending June 30, 2022 and acknowledges that his rights and obligations under this Agreement are without any reliance on the Company including related to any such Non-Public Information. The Company acknowledges and agrees that the representations contained in this Section 3.2 shall not modify, amend or affect such Purchaser’s right to rely on the Company’s representations and warranties contained in this Agreement or any representations and warranties contained in any other Transaction Document or any other document or instrument executed and/or delivered in connection with this Agreement or the consummation of the transactions contemplated hereby. Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to locating or borrowing shares in order to effect Short Sales or similar transactions in the future.
Appears in 1 contract
Sources: Securities Purchase Agreement (G Medical Innovations Holdings Ltd.)
Big Boy Representation. Such Purchaser understands and acknowledges that the Company is in possession of non-public information about the Company and Company, its securities and its financial statements (which may include material non-public information) that may or may not be material or superior to information available to such Purchaser (the “Non-Public Information”), ) and such Purchaser has waived any right to receive such Non-Public Information. Such Purchaser further understands and acknowledges that the Company has not published its financial statements as of and for the six-months period ending June 30, 2022 2023 and acknowledges that his its rights and obligations under this Agreement are without any reliance on the Company including related to providing any such Non-Public Information. The Company shall use its reasonable commercial efforts to publish its financial statements as of and for the six-months period ending June 30, 2023 as soon as practicable, and in any event no later than November 30, 2023. The Company acknowledges and agrees that the representations contained in this Section 3.2 shall not modify, amend or affect such Purchaser’s right to rely on the Company’s representations and warranties contained in this Agreement or any representations and warranties contained in any other Transaction Document or any other document or instrument executed and/or delivered in connection with this Agreement or the consummation of the transactions contemplated hereby. Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to locating or borrowing shares in order to effect Short Sales or similar transactions in the future.
Appears in 1 contract
Sources: Securities Purchase Agreement (G Medical Innovations Holdings Ltd.)