Common use of Arm’s Length Clause in Contracts

Arm’s Length. The Company acknowledges and agrees that the Investors are acting solely in the capacity of an arm's length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any other person or entity. Additionally, the Investors are not advising the Company or any other person or entity as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Company shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated hereby, and the Investors shall have no responsibility or liability to the Company, its Affiliates, or their respective shareholders, directors, officers, employees, advisors or other representatives with respect thereto. Any review by the Investors of the Company, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Investors and shall not be on behalf of the Company, its Affiliates, or their respective shareholders, directors, officers, employees, advisors or other representatives and shall not affect any of the representations or warranties contained herein or the remedies of the Investors with respect thereto.

Arm’s Length. The Company acknowledges and agrees that the Investors are Purchaser is acting solely in the capacity of an arm's ’s length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any other person or entity. Additionally, the Investors are Purchaser is not advising the Company or any other person or entity as to any legal, tax, investment, accounting accounting, or regulatory matters in any jurisdiction. The Company shall consult has consulted with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated hereby, and the Investors Purchaser shall not have no any responsibility or liability to the Company, Company or its Affiliates, or their respective shareholdersstockholders, directors, officers, employees, advisors or other representatives with respect thereto. Any review by the Investors Purchaser of the Company, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Investors Purchaser and shall not be on behalf of the Company, Company or its Affiliates, or their respective shareholdersstockholders, directors, officers, employees, advisors or other representatives and shall not affect any of the representations or warranties contained herein or the remedies of the Investors with respect thereto.

Arm’s Length. The Company acknowledges and agrees that the Investors are each Purchaser is acting solely in the capacity of an arm's ’s length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any other person or entity. Additionally, the Investors are not no Purchaser is advising the Company or any other person or entity as to any legal, tax, investment, accounting accounting, or regulatory matters in any jurisdiction. The Company shall consult has consulted with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated hereby, and the Investors no Purchaser shall have no responsibility or liability to the Company, its Affiliatesstockholders, and directors not affiliated with it, or their respective shareholders, directors, its officers, employees, advisors advisors, or other representatives with respect thereto. Any review by the Investors any Purchaser of the Company, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Investors such Purchaser and shall not be on behalf of the Company, its Affiliatesstockholders, and directors not affiliated with it, or their respective shareholders, directors, its officers, employees, advisors advisors, or other representatives and shall not affect any of the representations or warranties contained herein or the remedies of the Investors either Purchaser with respect thereto.

Arm’s Length. The Company acknowledges and agrees that the Investors are Investor is acting solely in the capacity of an arm's ’s length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any other person or entity. Additionally, the Investors are Investor is not advising the Company or any other person or entity as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Company shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated hereby, and the Investors Investor shall have no responsibility or liability to the Company, its Affiliates, or their respective shareholdersstockholders, directors, officers, employees, advisors or other representatives with respect thereto. Any review by the Investors Investor of the Company, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Investors Investor and shall not be on behalf of the Company, its Affiliates, or their respective shareholders, directors, officers, employees, advisors or other representatives and shall not affect any of the representations or warranties contained herein or the remedies of the Investors Investor with respect thereto.

Arm’s Length. The Company acknowledges and agrees that the Investors are Xxxxxxx is acting solely in the capacity of an arm's ’s length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any other person or entity. Additionally, the Investors are Xxxxxxx is not advising the Company or any other person or entity as to any legal, tax, investment, accounting accounting, or regulatory matters in any jurisdiction. The Company shall consult has consulted with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated hereby, and the Investors Xxxxxxx shall have no responsibility or liability to the Company, its Affiliatesstockholders, and directors not affiliated with Xxxxxxx, or their respective shareholders, directors, its officers, employees, advisors advisors, or other representatives with respect thereto. Any review by the Investors Xxxxxxx of the Company, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Investors Xxxxxxx and shall not be on behalf of the Company, its Affiliatesstockholders, and directors not affiliated with Xxxxxxx, or their respective shareholders, directors, its officers, employees, advisors advisors, or other representatives and shall not affect any of the representations or warranties contained herein or the remedies of the Investors Xxxxxxx with respect thereto.

Arm’s Length. The Company acknowledges and agrees that the Investors are Investor is acting solely in the capacity of an arm's ’s length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any other person or entity. Additionally, the Investors are Investor is not advising the Company or any other person or entity as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Company shall consult has consulted with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated hereby, and the Investors Investor shall have no responsibility or liability to the Company, its Affiliatesstockholders and directors not affiliated with the Investor, or their respective shareholders, directors, its officers, employees, advisors or other representatives with respect theretothereto in connection with the transactions contemplated by this Agreement. Any review by the Investors Investor of the Company, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Investors Investor and shall not be on behalf of the Company, its Affiliatesstockholders and directors not affiliated with the Investor, or their respective shareholders, directors, its officers, employees, advisors or other representatives and shall not affect any of the representations or warranties contained herein or the remedies of the Investors Investor with respect thereto.

Arm’s Length. The Company acknowledges and agrees that the Investors are each Backstop Investor is acting solely in the capacity of an arm's ’s length contractual counterparty to the Company with respect to the transactions contemplated hereby (including in connection with determining the terms of the Rights Offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any other person or entity. Additionally, the Investors are not neither Backstop Investor is advising the Company or any other person or entity as to any legal, tax, investment, accounting accounting, or regulatory matters in any jurisdiction. The Company shall consult has consulted with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated hereby, and the Investors neither Backstop Investor shall have no any responsibility or liability to the Company, Company or its Affiliates, or their respective shareholdersstockholders, directors, officers, employees, advisors or other representatives with respect thereto. Any review by the Investors a Backstop Investor of the Company, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Investors such Backstop Investor and shall not be on behalf of the Company, Company or its Affiliates, or their respective shareholdersstockholders, directors, officers, employees, advisors or other representatives and shall not affect any of the representations or warranties contained herein or the remedies of the Investors with respect thereto.