Purchase for Investment; ERISA. (a) You represent and warrant (i) that you have been furnished with all information that you have requested for the purpose of evaluating your proposed acquisition of the Notes to be issued to you pursuant hereto, (ii) that you will acquire such Notes for your own account for investment and not for distribution in any manner that would violate applicable securities laws, but without prejudice to your rights to dispose of such Notes or a portion thereof to a transferee or transferees, in accordance with such laws and the Rights Agreement, if applicable, if at some future time you deem it advisable to do so and (iii) that you are an "accredited investor", as defined in Regulation D of the Commission under the Securities Act. The acquisition of such Notes by you at the Closing shall constitute your confirmation of the foregoing representations and warranties. You understand that such Notes are being sold to you in a transaction which is exempt from the registration requirements of the Securities Act, and that, in making the representations and warranties contained in section 5.16, each of the Company is relying, to the extent applicable, upon your representations and warranties contained herein.
Purchase for Investment; ERISA. (A) Each Purchaser, severally and not jointly, represents and warrants (i) that it has received all information necessary or appropriate to decide whether to acquire the Notes to be issued to it pursuant hereto, (ii) that it will acquire such Notes for its own account for investment and not for resale or distribution in any manner that would violate applicable securities laws, but without prejudice to its rights to dispose of such Notes or a portion thereof to a transferee or transferees, in accordance with such laws and Section 11.12 if at some future time it deems it advisable to do so, (iii) that it is an “accredited investor” as such term is defined in Regulation D of the Commission under the Securities Act and has such knowledge, skill and experience in business and financial matters, based on actual participation, that it is capable of evaluating the merits and risks of an investment in the Notes and the suitability thereof as an investment for such Purchaser, and can bear the economic risk of its investment in the Notes, and (iv) neither it nor anyone authorized by it to do so on its behalf (A) has directly or indirectly offered any beneficial interest or security (as defined in Section 2(a)(1) of the Securities Act) relating to the Notes for sale to, or solicited any offer to acquire any such interest or security from, or has sold any such interest or security to, any Person in violation of the registration provisions of the Securities Act, (B) has taken any action that would subject any such interest or security to the registration requirements of Section 5 thereof, or the registration or qualification provisions of any applicable blue sky or other securities law, and (C) will directly or indirectly make any such offer, solicitation or sale in violation of such registration provisions of the Securities Act, or the registration or qualification provisions of any applicable blue sky or other securities law. The acquisition of such Notes by each Purchaser at each purchase of notes hereunder shall constitute its confirmation of the foregoing representations and warranties. Each Purchaser understands that such Notes are being sold to it in a transaction which is exempt from the registration requirements of the Securities Act, and that, in making the representations and warranties contained in Section 4.13, the Borrower is relying, to the extent applicable, upon such Purchaser’s representations and warranties contained herein.
Purchase for Investment; ERISA. 3 1.4 Failure to Tender, Failure of Conditions.. . . . . . 5 1.5 Expenses.. . . . . . . . . . . . . . . . . . . . . . 5
Purchase for Investment; ERISA. 30 8.4 Successors and Assigns. . . . . . . . . . . .30 8.5 Amendment and Waiver; Acquisition of Notes. .30
Purchase for Investment; ERISA. (a) You represent to the Company that you are purchasing the Notes for your own account for investment and with no present intention of distributing or reselling any of the Notes, but without prejudice to your right at all times to sell or otherwise dispose of all or part of the Notes under an effective registration statement under the Securities Act of 1933 and any applicable securities laws of the several states, as amended, or under a registration exemption available under the Act or those laws, provided however, that nothing contained herein shall be construed as creating an obligation upon the Company to register any of the Notes under the Act or such laws.
Purchase for Investment; ERISA. 2 1.4 Expenses............................................................ 3
Purchase for Investment; ERISA. (a) Each of the Purchasers severally represents and warrants (i) that such Purchaser has been furnished with all information that such Purchaser has requested for the purpose of evaluating such Purchaser's proposed acquisition of the Securities to be issued to such Purchaser pursuant hereto, (ii) that such Purchaser will acquire such Securities for such Purchaser's own account for investment and not for distribution in any manner that would violate applicable securities laws, but without prejudice to such Purchaser's rights to dispose of such Securities or a portion thereof to a transferee or transferees, in accordance with such laws if at some future time such Purchaser deems it advisable to do so and (iii) that such Purchaser is an "accredited investor" as such term is defined in Regulation D of the Commission under the Securities Act. The acquisition of 57 such Securities by each Purchaser at the Closing shall constitute such Purchaser's several confirmation of the foregoing representations and warranties. Each Purchaser understands that such Securities are being sold to the Purchasers in a transaction which is exempt from the registration requirements of the Securities Act, and that, in making the representations and warranties contained in Section 5.16, the Company is relying, to the extent applicable, on each Purchaser's several representations and warranties contained herein.
Purchase for Investment; ERISA. (a) Purchase for Investment. You represent to the Company that you are purchasing the Notes listed on Annex 1 next to your name for your own account for investment and with no present intention of distributing the Notes or any part thereof, but without prejudice to your right at all times to:
Purchase for Investment; ERISA. 2 1.4 Failure to Tender, Failure of Conditions....................... 3 1.5 Expenses....................................................... 3 2.
Purchase for Investment; ERISA
