Investor Acknowledgement. The Investor acknowledges and agrees that the staff of the Commission has a policy limiting the number of shares that can be registered in any one or related registration statements, and that while the Company anticipates that there may be some room to include some of the Investor’s Registrable Securities issued to the Investor in connection with the SEA, the ultimate decision will be made by the staff of the Commission. Consequently, the inability of the Company to include any of the Investor’s Registrable Securities in a registration statement upon commercially reasonable efforts by the Company shall not be a violation of this Agreement by the Company.
Investor Acknowledgement. Investor acknowledges that the representations and warranties contained in this Agreement and in any document or instrument delivered to the Company pursuant hereto or in connection herewith shall not be deemed waived or otherwise affected by any investigation by the Company, its officers, directors, employees, counsel, accountants, advisors, representatives and agents.
Investor Acknowledgement. You acknowledge that this Agreement includes a pre-dispute arbitration clause. You acknowledge receiving a copy of this agreement and you have had the opportunity to read it and you understand it. Furthermore, you acknowledge that you have read all information on the Account Application, you have reviewed the terms and conditions of this agreement including all information contained herein. You hereby verify that all the information provided is true and correct and may be relied upon by us for the purposes of evaluating your suitability and sophistication in relation to making securities recommendations. Further, you indemnify us for any loss, claims or damages, including legal fees, which we may incur as a result of any securities recommendation or any securities related violations resulting from our reliance upon the information you have provided. You acknowledge your responsibility to read the prospectus or offering brochure of any mutual fund, direct participation program, variable annuity and/or new issue offering which contains complete information regarding investment objectives, risks, and other material facts, including sales charges.
Investor Acknowledgement. The Investor acknowledges that this Agreement and the schedules hereto require the Investor to provide certain personal information to the Company. Such information is being collected by the Company for the purposes of completing the Offering, which includes, without limitation, determining the Investor’s eligibility to purchase the Units under Applicable Securities Legislation, preparing and registering certificates representing the Units to be issued to the Investor and completing filings required by any stock exchange or securities regulatory authority. The Investor’s personal information will be included in closing books prepared in connection with the Offering and may be disclosed by the Company to: (i) stock exchanges and/or securities regulatory authorities (including the OSC and BCSC, as defined below); (ii) the Company’s registrar and transfer agent; (iii) Canadian tax authorities; (iv) any of the other parties involved in the Offering, including legal counsel; and (v) other parties subsequent to the Offering, including legal counsel, reviewing closing books prepared in connection with the Offering. By executing this Agreement, the Investor:
Investor Acknowledgement. Each of the Investors acknowledges that it has made the representations and warranties referred to in Section 2.3 with the intention of persuading the Company to enter into this Agreement and that the Company has entered into this Agreement on the basis of, and in full reliance on, each of such representations and warranties. Each of the Investors also acknowledges that the representations and warranties made by the Company in Section 2.1, to the extent that they pertain to the New Warrants, are made solely to the extent, and will only survive for so long as, any of the Investors remains a party to the Registration Rights Agreement or a holder of the New Warrants.
Investor Acknowledgement. The Investor acknowledges that the Common Stock is listed on the New York Stock Exchange and the Company is required to file reports containing certain business and financial information with the Commission pursuant to the reporting requirements of the Exchange Act, and that it is able to obtain copies of such reports.
Investor Acknowledgement. You acknowledge that this Agreement includes a pre-dispute arbitration clause. You acknowledge receiving a copy of this Agreement, and you have had the opportunity to read it and you understand it. Furthermore, you acknowledge that you have read all information on the Account Application, you have reviewed the terms and conditions of this Agreement, including all information contained herein. You hereby verify that all the information provided is true and correct and may be relied upon by us for the purposes of evaluating your suitability and sophistication in relation to making securities recommendations (including but not limited to investment objectives, risk tolerance, income and net worth.) Further, you indemnify us for any loss, claims or damages, including legal fees, which we may incur as a result of any securities recommendation or any securities-related violations resulting from our reliance upon the information you have provided. You acknowledge your responsibility to read the prospectus or offering brochure of any mutual fund, direct participation program, variable annuity and/or new issue offering. NFS takes instructions from Royal Alliance with respect to transactions in your account. You agree to indemnify NFS from and hold it harmless against any losses resulting from your actions or failures to act, whether intentional or not, including losses resulting from actions taken by third parties. Beyond taking reasonable steps to verify the authenticity of instructions, NFS has no obligation to inquire into the purpose, wisdom or propriety of any instruction that it receives.
Investor Acknowledgement. Investor hereby acknowledges and agrees that Investor shall be entitled to receive Profit Participation Allocations under this Agreement solely with respect to the sale of Applicable Properties, which Investor understands will only be the particular residential properties that are developed by the Company using Subscribed Capital invested particularly by Investor. Investor further acknowledges and agrees that the Company may develop and sell other residential properties that will not use Subscribed Capital from the Investor, and Investor shall not have any right to receive Profit Participation Allocations under this Agreement with respect to any such other properties. For the sake of clarity, it is the Parties’ purpose and intent under this Agreement for Investor to receive Profit Participation Allocations only in connection with residential properties for which Investor’s Subscribed Capital is used to develop and sell, and not in connection with any residential property for which Investor’s Subscribed Capital is not used.
Investor Acknowledgement. The Investor acknowledge that the ------------------------ Partnership may allocate to the Investor income that, for federal income tax purposes with respect to certain tax exempt entities, may be considered unrelated taxable business income under Sections 511 through 514 of the Code.
Investor Acknowledgement. The Investor acknowledges that Investor’s investment decision to invest in the Company’s public offering in January 2020 (the “Offering”) was a wholly independent act, made separate and apart from Investor’s investment decision to enter into this Agreement and effect the exchange of the Warrant for the Shares as provided herein, was not contingent upon or influenced by said exchange and that the Investor is not exchanging the Warrant for the Shares as a result of any statement or other communication made by the Company in the Offering regarding the Warrant, including, without limitation, any statement made or information contained in the Company’s Common Stock Purchase Warrant issued on January 21, 2020.
