Non-Affiliate Status. The Purchaser represents and warrants that: (i) it is not an “affiliate” of the Company as such term is defined in Rule 405 promulgated under the Securities Act or Rule 12b-2 promulgated under the Exchange Act; (ii) during the last six months the Purchaser has not engaged in any transactions in violation of Section 16 of the Exchange Act; and (iii) the consummation of the transactions contemplated hereby will not result in any violation of Section 16 of the Exchange Act by the Purchaser.
Non-Affiliate Status. The Holder is not an “affiliate” (as that term is defined under Rule 144(a) of the Securities Act and Rule 13e-3 of the Exchange Act of the Company. To the best of the Holder’s knowledge, the Holder did not acquire its beneficial interest in the Prior Notes from an “affiliate” of the Company.
Non-Affiliate Status. The Holder is not an affiliate of the --------------------- Company nor is any affiliate of the Holder, including any beneficiaries of Holder, an affiliate of the Company.
Non-Affiliate Status. The Seller represents and warrants that: (a) the Seller is not now, nor has the Seller been within the preceding three (3) months, an “affiliate” of the Company, as that term is defined in paragraph (a)(1) of Rule 144 under the Securities Act of 1933, as amended (“Rule 144”); and (b) the Seller has been the beneficial owner of the Shares, which were acquired and fully paid for, for a period of not less than six (6) months preceding the date of this representation letter as required by Rule 144, including any tacking of the holding period of prior holders permitted by Rule 144.
Non-Affiliate Status. Such Holder is not an Affiliate of the Company and is not acting in association or concert with any other Person in regard to its subscription of the Securities or otherwise in respect of the Company.
Non-Affiliate Status. The Purchaser is not an Affiliate of the Company nor is any Affiliate of the Purchaser an Affiliate of the Company. An “Affiliate” is an individual or corporation, partnership, trust, incorporated or unincorporated association, joint venture, limited liability company, joint stock company, government (or an agency or subdivision thereof) or other entity of any kind (each of the foregoing, a “Person”) that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a Person as such terms are used in and construed under Rule 405 under the Securities Act. With respect to a Purchaser, any investment fund or managed account that is managed on a discretionary basis by the same investment manager as such Purchaser will be deemed to be an Affiliate of such Purchaser;
Non-Affiliate Status. The Assignor is not now nor has ever been an affiliate of the Company or its predecessor(s); as such term is defined in the Securities Act of 1933, as amended (the “Securities Act”).
Non-Affiliate Status. The Company acknowledges and agrees that no Holder is an Affiliate of the Company as of the date of this Agreement.
Non-Affiliate Status. XXXXXXX hereby represents and warrants that neither it nor any of its affiliates is a control person nor an affiliate of GEGI and that neither it nor any of its affiliates has been an affiliate of GEGI at any time during the past 90 days.
