Value of the Shares. The Company acknowledges and confirms that it is aware that the Stock Price has fluctuated since Seller purchased the Shares and is likely to continue to fluctuate after the date of this Agreement, including possible material decreases to such Stock Price. The Company further acknowledges and confirms that it is aware that future changes and developments in (a) its business and financial condition and operating results, (b) the industries in which it competes, and (c) overall market and economic conditions, may have an unfavorable impact on the value of the Common Stock after the sale by Seller of the Shares to the Company pursuant to the terms of this Agreement. The Company has determined to forego the possibility of any such future decreases in value to obtain the Shares for the consideration being paid pursuant hereto. The Company acknowledges that neither Seller nor Group has made any representation to it about the advisability of this decision or the potential future value of the Shares being sold by Seller.
Appears in 2 contracts
Sources: Stock Repurchase Agreement (FBR Capital Markets Corp), Stock Repurchase Agreement (Friedman Billings Ramsey Group Inc)