Common use of Suitability and Sophistication Clause in Contracts

Suitability and Sophistication. (i) The Investor has such knowledge and experience in financial and business matters that it is capable of independently evaluating the risks and merits of purchasing the Securities; (ii) the Investor has independently evaluated the risks and merits of purchasing the Securities and has independently determined that the Securities are a suitable investment for it; and (iii) the Investor has sufficient financial resources to bear the loss of their entire investment in the Securities.

Appears in 16 contracts

Samples: Convertible Note and Warrant Purchase Agreement (Essetifin SPA), Convertible Note and Warrant Purchase Agreement (Regenerx Biopharmaceuticals Inc), Convertible Note and Warrant Purchase Agreement (Essetifin SPA)

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Suitability and Sophistication. (i) The Investor has such knowledge and experience in financial and business matters that it is capable of independently evaluating the risks and merits of purchasing the SecuritiesShares; (ii) the Investor has independently evaluated the risks and merits of purchasing the Securities Shares and has independently determined that the Securities Shares are a suitable investment for it; and (iii) the Investor has sufficient financial resources to bear the loss of their entire investment in the SecuritiesShares.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Regenerx Biopharmaceuticals Inc), Securities Purchase Agreement (Digital Aria Co., Ltd.), Stock Purchase Agreement (Regenerx Biopharmaceuticals Inc)

Suitability and Sophistication. (i) The Investor Purchaser has such knowledge and experience in financial and business matters that it is capable of independently evaluating the risks and merits of purchasing the Securities; (ii) the Investor Purchaser has independently evaluated the risks and merits of purchasing the Securities and has independently determined that the Securities are a suitable investment for it; and (iii) the Investor Purchaser has sufficient financial resources to bear the loss of their its entire investment in the Securities.

Appears in 2 contracts

Samples: Senior Secured Note Purchase Agreement (Cosi Inc), Senior Secured Note Purchase Agreement (Cosi Inc)

Suitability and Sophistication. The Investor (i) The Investor has such knowledge and experience in financial and business matters that it the Investor is capable of independently evaluating the risks and merits of purchasing the SecuritiesShares; (ii) the such Investor has independently evaluated the risks and merits of purchasing the Securities Shares and has independently determined that the Securities Shares are a suitable investment for itthe Investor; and (iii) the such Investor has sufficient financial resources to bear the loss of their the Investor’s entire investment in the SecuritiesShares.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (dELiAs, Inc.)

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Suitability and Sophistication. (i) The i)The Investor has such knowledge and experience in financial and business matters that it is capable of independently evaluating the risks and merits of purchasing the Securities; (ii) the Investor has independently evaluated the risks and merits of purchasing the Securities and has independently determined that the Securities are a suitable investment for it; and (iii) the Investor has sufficient financial resources to bear the loss of their its entire investment in the Securities.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Prosensa Holding N.V.)

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