Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that the terms “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this Agreement, under the Facility Agreement, under the Notes and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 3 contracts
Samples: Exchange Agreement (Mannkind Corp), Exchange Agreement (Mannkind Corp), Exchange Agreement (Mannkind Corp)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that the terms “Liabilities” and “Obligations” as used in the Transaction Documents Related Agreements shall include all liabilities and obligations of the Borrower Company under this Agreement, under the Facility AgreementPurchase Agreement (as amended hereby), under the Post-Closing Obligations Agreement (as amended hereby), under the Notes and under the other Transaction DocumentsRelated Agreements, and each of the parties hereto agrees not to take any contrary positions.
Appears in 1 contract
Samples: August 2015 Waiver and Amendment (GreenHunter Resources, Inc.)