Newly Formed Entity. Investor recognizes that the Company was only recently formed and, accordingly, has no financial or operating history and that the investment in the Company is extremely speculative and involves a high degree of risk.
Newly Formed Entity. Hxxxxx recognizes that Parent was only formed in connection with the transactions contemplated by the Merger Agreement and the JBA and, accordingly, has no financial or operating history and that the investment in Parent is extremely speculative and involves a high degree of risk.
Newly Formed Entity. If Proposer, any Equity Member or any proposed Financially Responsible Party is a newly formed entity (formed within two (2) years before the SOQ Due Date) and does not have independent financial statements, financial statements for the Equity Members or proposed Financially Responsible Party shall be provided (and Proposer shall expressly state that Proposer, Equity Members or proposed Financially Responsible Party (as applicable) is a newly formed entity and does not have independent financial statements).
Newly Formed Entity. If Proposer is a newly formed entity and does not have independent financial statements, financial statements for the Equity Members and any required guarantors shall be provided (and Proposer shall expressly state that Proposer is a newly formed entity and does not have independent financial statements).
Newly Formed Entity. The Company was organized solely for the purpose of effecting the transactions contemplated by the Merger Agreement and the other Transaction Documents, as of the Effective Time will have engaged in no activity other than in connection with such transactions. Investor recognizes that the Company was only recently formed and, accordingly, has no financial or operating history and that its investment in the Company is extremely speculative and involves a high degree of risk.
Newly Formed Entity. The Investor recognizes that Parent was only recently formed and, accordingly, has no financial or operating history and that the investment in Parent is extremely speculative and involves a high degree of risk.
Newly Formed Entity. Holdings is a Delaware corporation, newly formed by WIN solely for the purpose of engaging in the transactions contemplated by this Agreement. Holdings has no other purpose other than holding all of the Subsidiary Shares.
Newly Formed Entity. Holdings was incorporated under the laws of the State of Delaware on December 1, 1997 and has not, since that date, entered into any agreements or contracts other than the (i) Stock Purchase Agreement and all agreements and documents relating to the transactions contemplated by the Stock Purchase Agreement and the financing relating thereto, (ii) consulting and management agreements and (iii) this Agreement, the Management Subscription Agreement, dated as of the date hereof, among Holdings and certain members of its management, the Voting Trust Agreement, dated as of the date hereof, among Holdings, certain stockholders of Holdings and Xxxx X. Xxxxxx, as voting trustee, the Registration Rights Agreement and the Voting Agreement.
Newly Formed Entity. The Borrower is a newly-formed entity formed specifically to enter into this Agreement and the transactions contemplated hereby, and as such, does not have prior operational history or financial statements.
Newly Formed Entity. Acquisition was formed on January ------------------- ------- 29, 1999 solely for the purpose of engaging in the transactions contemplated by -- this Agreement and, in all material respects, has not engaged in any other business activities or conducted any operations other than in connection with the transactions contemplated hereby.
