Business Sophistication. Poly-Cell and each of the Controlling Stockholders have such experience in business and financial matters so as to be able to evaluate independently the merits and risks of an investment in the Sealed Air Shares, and Poly-Cell and each of the Controlling Stockholders are able to bear the economic risk of such investment including, without limiting the generality of the foregoing, the risk of losing all or any part of Poly-Cell's or such Controlling Stockholder's investment in the Sealed Air Shares and the inability of selling or otherwise transferring or disposing of the Sealed Air Shares for an indefinite period of time. (iii) Access to Information. Poly-Cell and each of the Controlling Stockholders have been afforded an opportunity to ask questions about and receive answers in response concerning the business and financial affairs of Sealed Air from representatives of Sealed Air and the opportunity to obtain any additional information which Sealed Air possesses or could reasonably acquire without unreasonable effort or expense that was necessary to verify the accuracy of any of the information described in Section 11(a)(i) that Poly-Cell and the Controlling Stockholders desired with respect to Sealed Air.
Business Sophistication. Buyer has the business sophistication --- ----------------------- and acumen necessary to evaluate the terms and conditions of this Agreement and the transactions contemplated hereby. Buyer further acknowledges and agrees that Buyer has conducted its own due diligence investigation of Seller and of the Company and has completed such due diligence investigation to its own satisfaction; and has been afforded the opportunity to ask all relevant questions of Seller and of Company's Management, and has received satisfactory responses to all of such inquiries. Buyer further agrees that Buyer is relying on no representations or warranties of Seller, the Company or of any other person with respect to the transactions contemplated hereunder, other than what is set forth herein. The foregoing is not intended to exempt any party from fraud. In addition, Buyer hereby represents, warrants and agrees that Buyer is acquiring the Chai Shares and the Xxxxxxx Shares (collectively, the"Shares"), for investment purposes only, for its own account, and without the intent toward the further sale and/or distribution thereof. Buyer further acknowledges and agrees that the Shares have not been registered under the Securities Act of 1933, as amended (the "Securities Act"), and that said Shares shall be deemed "restricted" under the Securities Act, and may not be sold transferred or otherwise disposed of unless the Shares are registered with the SEC or an applicable exemption from the registration requirements of the Securities Act is then available in the opinion of counsel satisfactory to the Company. Accordingly, Buyer further agrees and acknowledges that the certificates evidencing such Shares will bear an appropriate restrictive legend and a stop transfer notation will be placed on the books and records of the Company's transfer agent. Buyer further represents, warrants and covenants that Buyer has no current intention of liquidating, dissolving or effectuating a going private transaction with respect to the Company.
Business Sophistication. The Subscriber is experienced and knowledgeable in financial and business matters, and is capable of evaluating the merits and risks of investing in the Company.
Business Sophistication. The Holder is experienced and knowledgeable in financial and business matters and the Holder is capable of evaluating the merits and risks of the prospective purchase of its respective Note.
Business Sophistication. The Lender is experienced and knowledgeable in financial and business matters to the extent that the Lender is capable of evaluating the merits and risks of the prospective investment in the Securities. The Lender has obtained, to the extent the Lender deems necessary, personal and professional advice with respect to the risks inherent in the investment in the Securities in light of the Lender’s financial condition and investment needs. The Lender has been given access to full and complete information regarding the Company and has utilized such access to its satisfaction for the purpose of obtaining information and, particularly, the Lender has obtained and has had the opportunity to obtain, information from the Company as set forth in Section 3.1 above.
Business Sophistication. Each Subscriber represents and warrants that it is experienced and knowledgeable in financial and business matters, capable of evaluating the merits and risks of purchasing securities of the Company.
Business Sophistication. Xxxxxx is experienced and knowledgeable in financial and business matters and capable of evaluating the merits and risks of purchasing the Shares. (d)
Business Sophistication. The Subscriber (i) is experienced and knowledgeable in financial and business matters to the extent that the Subscriber is capable of evaluating the merits and risks of the prospective investment in the Units or (ii) if the Subscriber does not so believe, or if the Subscriber has been instructed by the Company to designate a purchaser representative to supplement the Subscriber’s knowledge and experience for the purpose of evaluating the merits and risks of the prospective investment in the Units, the Subscriber has provided the Company with the identity of such purchaser representative and such information concerning the knowledge and experience in financial and business matters of such a purchaser representative, either directly or by making such purchaser representative available for interview, necessary to enable a determination that such purchaser representative, together with the undersigned, have such knowledge and experience in financial and business matters that they are capable of evaluating the merits and risks of the prospective investment in the Units. In addition to designating a purchaser representative, if necessary, the Subscriber has obtained, to the extent the Subscriber deems necessary, personal and professional advice with respect to the risks inherent in the investment in the Units in light of the Subscriber’s financial condition and investment needs. The Subscriber and the Subscriber’s purchaser representative, if any, have been given access to full and complete information regarding the Company and have utilized such access to their satisfaction for the purpose of obtaining information and, particularly, the Subscriber or the Subscriber’s purchaser representative, if any, have obtained, and have had the opportunity to obtain, information from the Company as set forth in paragraph 3(a) above.
Business Sophistication. Purchaser acknowledges and stipulates that Purchaser has sufficient knowledge, skill and experience in financial, tax, accounting, and Business matters to be capable of evaluating the risks and merits of Purchaser’s prospective purchase herein and does not rely upon Seller’s or the Company’s representations in relation thereto.
