Common use of Evaluation and Ability to Bear Risks Clause in Contracts

Evaluation and Ability to Bear Risks. The Subscriber’s decision to invest in the Company was made by the Subscriber as person(s) who (a) are authorized to make such investment decisions, and (b) have relied on its or their own tax, legal and financial advisers with regard to all matters relating to the Subscriber’s investment in the Company (including federal, state, and local tax matters and tax matters relating to non-United States jurisdictions) and not on any advice or recommendation of the Company, Advisor, Administrator or any of its Affiliates, notwithstanding anything in Section 4.3 to the contrary. The Subscriber’s prior investment experience with other investment opportunities and its general knowledge about the management, proposed operations and prospects of the Company enable the Subscriber, together with the Subscriber’s advisers, to make an informed decision with respect to the merits and risks of an investment in the Company. After all necessary advice and analysis, the Subscriber has evaluated the risks of investing in the Shares and has determined that the Shares are a suitable investment for the Subscriber. The Subscriber has adequate means for providing for its current needs and personal or other contingencies and has no need for liquidity with regards to its investment in the Shares, and is able to bear the economic risk of its acquisition of the Shares, including a complete loss of its investment in the Company. The Subscriber understands that the Company does not now know what the capital to be contributed to the Company will be invested in or the total amount of capital the Company will have available to invest, and that the Company and Advisor will have complete control over the investments made by the Company. The Subscriber has not reproduced, duplicated or delivered the Offering Documents to any other person, except professional advisors to the Subscriber or as permitted in writing by the Company.

Appears in 7 contracts

Sources: Subscription Agreement (Ridepair Inc.), Subscription Agreement (Ridepair Inc.), Subscription Agreement (Ridepair Inc.)

Evaluation and Ability to Bear Risks. The Subscriber’s decision to invest in the Company Fund was made by the Subscriber as person(s) who (a) are independent of the Fund and the Adviser and their respective affiliates, (b) are authorized to make such investment decisions, and (bc) have relied on its or their own tax, legal and financial advisers with regard to all matters relating to the Subscriber’s investment in the Company Fund (including federal, state, state and local tax matters and tax matters relating to non-United States jurisdictionsmatters) and not on any advice or recommendation of the Company, Advisor, Administrator Fund or the Adviser or any of its Affiliatestheir respective affiliates, notwithstanding anything in Section 4.3 7.3 to the contrary. The Subscriber’s prior investment experience with other investment opportunities and its general knowledge about the management, proposed operations and prospects of the Company Fund enable the Subscriber, together with the Subscriber’s advisers, to make an informed decision with respect to the merits and risks of an investment in the CompanyFund. After all necessary advice and analysis, the Subscriber has evaluated the risks of investing in the Shares Units and has determined that the Shares Units are a suitable investment for the Subscriber. The Subscriber has adequate means for providing for its current needs and personal or other contingencies and has no need for liquidity with regards to its investment in the SharesUnits, and is able to bear the economic risk of its acquisition of the SharesUnits, including a complete loss of its investment in the CompanyFund. The Subscriber acknowledges and agrees that it is not a client of the Adviser and the Adviser is providing services solely to the Fund, including any reporting or consultation with investors thereof. The Subscriber understands that at the Company time of the Subscriber’s investment, the Fund does not now know in what portfolio investments the capital to be contributed to Fund will invest the Company will be invested in or the total amount of capital the Company will have available to investSubscriber’s capital, and that the Company and Advisor Fund will have complete control (subject to the provisions of the LLC Agreement) over the investments made by the Companyit. The Subscriber has not reproduced, duplicated or delivered the Offering Documents to any other person, except professional advisors to the Subscriber or as permitted in writing instructed by the CompanyFund.

Appears in 4 contracts

Sources: Subscription Agreement (TCW Specialty Lending LLC), Subscription Agreement (TCW Specialty Lending LLC), Subscription Agreement (TCW Direct Lending VIII LLC)

Evaluation and Ability to Bear Risks. The Subscriber’s decision to invest in the Company Fund was made by the Subscriber as person(s) who (a) are independent of the Fund and the Adviser and their respective affiliates, (b) are authorized to make such investment decisions, and (bc) have relied on its or their own tax, legal and financial advisers with regard to all matters relating to the Subscriber’s investment in the Company Fund (including federal, state, state and local tax matters and tax matters relating to non-United States jurisdictionsmatters) and not on any advice or recommendation of the Company, Advisor, Administrator Fund or the Adviser or any of its Affiliatestheir respective affiliates, notwithstanding anything in Section 4.3 6.3 to the contrary. The Subscriber’s prior investment experience with other investment opportunities and its general knowledge about the management, proposed operations and prospects of the Company Fund enable the Subscriber, together with the Subscriber’s advisers, to make an informed decision with respect to the merits and risks of an investment in the CompanyFund. After all necessary advice and analysis, the Subscriber has evaluated the risks of investing in the Shares Units and has determined that the Shares Units are a suitable investment for the Subscriber. The Subscriber has adequate means for providing for its current needs and personal or other contingencies and has no need for liquidity with regards to its investment in the SharesUnits, and is able to bear the economic risk of its acquisition of the SharesUnits, including a complete loss of its investment in the CompanyFund. The Subscriber acknowledges and agrees that it is not a client of the Adviser and the Adviser is providing services solely to the Fund, including any reporting or consultation with investors thereof. The Subscriber understands that at the Company time of the Subscriber’s investment, the Fund does not now know in what portfolio investments the capital to be contributed to Fund will invest the Company will be invested in or the total amount of capital the Company will have available to investSubscriber’s capital, and that the Company and Advisor Fund will have complete control (subject to the provisions of the LLC Agreement) over the investments made by the Companyit. The Subscriber has not reproduced, duplicated or delivered the Offering Documents to any other person, except professional advisors to the Subscriber or as permitted in writing instructed by the CompanyFund.

Appears in 2 contracts

Sources: Subscription Agreement (TCW Specialty Lending IX LLC), Subscription Agreement (TCW Specialty Lending IX LLC)