Sophistication, Financial Strength, Access, etc. Each Shareholder ----------------------------------------------- represents, warrants and acknowledges that, with respect to the Company, he, she or it is an Accredited Investor (as that term is defined in Rule 501 promulgated by the Securities and Exchange Commission under the Act), that he, she or it has such knowledge and experience in business and financial matters as to be capable of evaluating the merits and risks of the investment contemplated to be made hereunder; that such investment bears a high degree of risk and could result in a total loss of his, his or its investment; and that he, she or it have sufficient financial strength to hold the same as an investment and to bear the economic risks of such investment (including possible loss of such investment) for an indefinite period of time.
Sophistication, Financial Strength, Access, etc. You represent, warrant and acknowledge that you are an accredited investor (as the term is defined in Rule 501 promulgated by the Securities and Exchange Commission under the Securities Act) and that your principal place of business is the address set forth on page one hereof. You acknowledge that you are fully informed that the Shares being sold to you hereunder are being sold pursuant to a private offering exemption of the Securities Act and are not being registered under the Securities Act or under the securities or blue sky laws of any state or foreign jurisdiction; that such Shares must be held indefinitely unless they are subsequently registered under the Securities Act and any applicable state securities or blue sky laws, or unless an exemption from registration is available thereunder; and that the Company has no obligation to register such Shares, other than as contemplated in the Registration Rights Agreement. You acknowledge that all documents, records and books pertaining to the investment in the Company contemplated hereby have been made available or delivered to you; that you have had an opportunity to ask questions of and receive answers from the Company and its officers.
Sophistication, Financial Strength, Access, etc. You represent, warrant and acknowledge that you are an Accredited Investor (as that term is defined in Rule 501 promulgated by the Securities and Exchange Commission under the Securities Act), that you have such knowledge and experience in business and financial matters as to be capable of evaluating the merits and risks of the investment contemplated to be made hereunder, and that you were not formed or organized for the specific purpose of investing in the Company; that you understand that such investment bears a high degree of risk and could result in a total loss of your investment; that your principal place of business is the address set forth on Exhibit A; and that you have sufficient financial strength to hold your investment for an indefinite period and to bear the economic risks of such investment (including possible loss of such investment) for an indefinite period of time. You acknowledge that you are fully informed that the Securities being sold to you hereunder are being sold pursuant to a private offering exemption under the Securities Act and are not being registered under the Securities Act or under the securities or blue sky laws of any state or foreign jurisdiction; that such Securities must be held indefinitely unless they are subsequently registered under the Securities Act and any applicable state securities or blue sky laws, or unless an exemption from registration is available thereunder; and that the Company has no obligation to register such Securities except as expressly set forth in the Registration Rights Agreement.
Sophistication, Financial Strength, Access, etc. The Limited Partner hereby represents, warrants and acknowledges that the Limited Partner is an Accredited Investor (as that term is defined in Rule 501 promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "Securities Act")); that such Limited Partner has such knowledge and experience in business and financial matters as to be capable of evaluating the merits and risks of the investment contemplated to be made hereunder; that such Limited Partner understands that such investment bears a high degree of risk and could result in a total loss of the investment; that such Limited Partner has sufficient financial strength to hold the same as an investment and to bear the economic risks of such an investment (including possible loss of such investment) for an indefinite period of time; and that, during the negotiation of the transactions contemplated herein, such Limited Partner and his representatives have been afforded access to books, records, leases, contracts, documents, correspondence and other information concerning the Partnership and relating to its offices and facilities, and have been afforded an opportunity to ask such questions of the officers, employees, agents, accountants and representatives concerning the Partnership's business, operations, financial condition, assets, liabilities and other relevant matters as they have deemed necessary or desirable, and have been given all such information as has been requested, in order to evaluate the merits and risks of the prospective investment contemplated herein. Each Limited Partner acknowledges that such Limited Partner is fully informed that the partnership interest being issued hereunder are being issued pursuant to a private offering exemption under Section 4(2) of the Securities Act and are not being registered under the Securities Act or under the securities or blue sky laws, of any state or foreign jurisdiction; that such partnership interest must be held indefinitely unless they are subsequently registered under the Securities Act and any applicable state securities or blue sky laws or unless an exemption from registration is available thereunder; and that the Partnership has no obligation to register such partnership interest except as expressly set forth herein.
Sophistication, Financial Strength, Access, etc. E*Trade is a ------------------------------------------------ qualified institutional buyer (as that term is defined in Rule 144A promulgated by the Securities and Exchange Commission under the Securities Act) and its principal place of business is 0000 Xxxxxxxx Xxxxx, Menlo Park, California, 94025. E*Trade acknowledges it is fully informed that the shares of Common Stock being sold hereunder are being sold pursuant to a private offering exemption of the Securities Act and are not being registered under the Securities Act or under the securities or blue sky laws of any state or foreign jurisdiction; that such shares of Common Stock must be held indefinitely unless they are subsequently registered under the Securities Act and any applicable state securities or blue sky laws, or unless an exemption from registration is available thereunder; and that the Company has no obligation to register such shares of Common Stock other than as described in Section 4 hereto.
