Common use of Exculpation Among Investors Clause in Contracts

Exculpation Among Investors. Each Investor acknowledges that it is not relying upon any other Investor, or any officer, director, stockholder, employee, agent, partner or Affiliate of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor nor any officer, director, stockholder, employee, agent, partner or Affiliate of any other Investor shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them relating to or in connection with the Company or the Shares, or both. Without limiting the foregoing, no Investor, nor any of its officers, directors, stockholders, partners, employees or agents of Affiliates, or other holder of any Shares shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about the Company or any subsidiary or their respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or any subsidiary or the respective officers, directors, employees, agents, representatives, counsel or auditors of either, and in turn provided to another Investor or holder of Shares, nor shall any such Investor or other Person have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder of Shares or to continue to provide any such information if any information is provided.

Appears in 1 contract

Samples: Series E Preferred Stock Purchase Agreement (Bazaarvoice Inc)

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Exculpation Among Investors. Each Investor acknowledges that it the Investor is not relying upon any other Investor, or any officer, director, stockholdershareholder, employee, agent, partner or Affiliate controlling person of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor Investor, nor any officer, director, stockholdershareholder, employee, agent, partner or Affiliate controlling person of any such other Investor Investor, shall be liable for any action heretofore or hereafter thereafter taken or omitted to be taken by any of them relating to or in connection with the Company or the Shares, or bothSecurities. Without limiting the foregoing, no Investor, Investor nor any of its any officers, directors, stockholdersshareholders, partnersemployees, employees agents, partners or agents of Affiliates, controlling persons or other holder of any Shares Securities shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about the Company or any subsidiary or their respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or any subsidiary or the respective officers, directors, employees, agents, representatives, counsel or auditors of eitherthereof, and in turn provided to another Investor or holder of Sharesholder, nor shall any such Investor or other Person have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder of Shares or to continue to provide any such information if any information is so provided.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Overstock Com Inc)

Exculpation Among Investors. Each Investor acknowledges that it is not relying upon any other Investor, or any officer, director, stockholder, employee, agent, partner partner, or Affiliate affiliate of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor nor any controlling person, officer, director, stockholder, employeepartner, agent, partner or Affiliate employee of any other Investor shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them relating to or in connection with the Company or the SharesSecurities, or both. Without limiting the foregoing, no Investor, Investor (nor any of its affiliates, officers, directors, stockholders, partners, employees agents, or agents of Affiliates, employees) or other holder of any Shares Securities shall have any obligation, liability liability, or responsibility whatsoever for the accuracy, completeness completeness, or fairness of any or all information about the Company or any subsidiary or their its respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or any subsidiary or the respective officers, directors, employees, agents, representatives, counsel counsel, or auditors of eitherthe Company, and in turn provided to another Investor or holder of Sharesholder, nor shall any such Investor (or such other Person person) have any obligation or responsibility whatsoever to provide any such information to any other Investor (or such other person) or holder of Shares or to continue to provide any such information if any information is provided.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement

Exculpation Among Investors. Each Investor acknowledges that it is not relying upon any other Investor, or any officer, director, stockholder, employee, agent, partner or Affiliate affiliate of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor nor any officer, director, stockholder, employee, agent, partner or Affiliate affiliate of any other Investor shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them relating to or in connection with the Company or the SharesSeries C Preferred, or both. Without limiting the foregoing, no Investor, Investor nor any of its officers, directors, stockholders, partners, employees or agents of Affiliatesaffiliates, or other holder of any Shares Series C Preferred shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about the Company or any subsidiary or their respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or any subsidiary or the respective officers, directors, employees, agents, representatives, counsel or auditors of either, and in turn provided to another Investor or holder of SharesSeries C Preferred, nor shall any such Investor or other Person have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder of Shares Series C Preferred or to continue to provide any such information if any information is provided.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Upland Software, Inc.)

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Exculpation Among Investors. Each Investor acknowledges that it is not relying upon any other Investor, or any officer, director, stockholder, employee, agent, partner or Affiliate affiliate of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor nor any officer, director, stockholder, employee, agent, partner or Affiliate affiliate of any other Investor shall be liable for any action heretofore taken before or hereafter taken after this Agreement or omitted to be taken by any of them relating to or in connection with Company, the Company Notes or the SharesWarrant, or bothany of them. Without limiting the foregoing, no Investor, Investor nor any of its officers, directors, stockholders, partners, employees or agents of Affiliatesaffiliates, or other holder of any Shares securities of Company shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about the Company or any subsidiary or their respective its properties, business or financial and other affairs, acquired by such Investor or holder from the Company or any subsidiary or the respective its officers, directors, employees, agents, representatives, counsel or auditors of eitherauditors, and in turn provided to another Investor or holder of Sharessecurities, nor shall any such Investor or other Person person have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder of Shares securities or to continue to provide any such information if any information is provided.

Appears in 1 contract

Samples: Unit Purchase Agreement (Motive Inc)

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