Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities.
Appears in 27 contracts
Samples: Series a Preferred Share Purchase Agreement, Series C Preferred Securities Purchase Agreement (Constellation Alpha Capital Corp.), Common Stock and Warrant Purchase Agreement (GreenPlex Services, Inc.)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesShares and Conversion Shares.
Appears in 20 contracts
Samples: Series B Preferred Stock Purchase Agreement (Netlibrary Inc), Series B Preferred Stock Purchase Agreement (Jato Communications Corp), Warrant Purchase Agreement (Improvenet Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that ---------------------------- it is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities.
Appears in 6 contracts
Samples: Series a Preferred Stock Purchase Agreement (Avantgo Inc), Series B Preferred Stock Purchase Agreement (Avantgo Inc), Series C Preferred Stock Purchase Agreement (Flycast Communications Corp)
Exculpation Among Purchasers. Each Purchaser acknowledges and agrees that it is not relying upon any personother Purchaser, firm or corporationany officer, director, employee partner or affiliate of any such other than the Company and its officers and directorsPurchaser, in making its investment or decision to invest in the CompanyCompany or in monitoring such investment. Each Purchaser agrees that no Purchaser nor the respective any controlling personsperson, officersofficer, directorsdirector, partnersstockholder, agentspartner, agent or employees employee of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them relating to or in connection with the purchase of Company or the Securitiessecurities, or both.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Immunomedics Inc), Subscription Agreement (Nephros Inc), Subscription Agreement (Hybridon Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesSecurities and Conversion Shares.
Appears in 4 contracts
Samples: Series E Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/), Series C Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/), Series B Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm or corporation, Person other than the Company and its officers and directorsdirectors and the Founders, in making its investment or decision to invest in the Company. Each Purchaser agrees that no other Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any other Purchaser shall be liable to any other such Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with this Agreement or the purchase of Related Agreements or the Securitiestransactions contemplated hereby or thereby.
Appears in 3 contracts
Samples: Series D Preferred Stock Purchase Agreement (Netlibrary Inc), Series C Preferred Stock Purchase Agreement (Netlibrary Inc), Series D Preferred Stock Purchase Agreement (Netlibrary Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any such Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of Shares, the SecuritiesWarrants and the Warrant Shares.
Appears in 3 contracts
Samples: Third Series F Preferred Stock and Warrant Purchase Agreement (Greenlight Capital LLC), Third Series F Preferred Stock and Warrant Purchase Agreement (New World Coffee Manhattan Bagel Inc), Third Series F Preferred Stock and Warrant Purchase Agreement (Halpern Denny Iii Lp)
Exculpation Among Purchasers. Each Purchaser acknowledges ---------------------------- that it is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities.
Appears in 3 contracts
Samples: Series B Preferred Stock Purchase Agreement (Loudeye Technologies Inc), Series C Preferred Stock and Convertible Note Purchase Agreement (Drugstore Com Inc), Series C Preferred Stock Purchase Agreement (Stamps Com Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it ---------------------------- is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Drugstore Com Inc), Series B Preferred Stock Purchase Agreement (Drugstore Com Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser Purchaser, nor the any respective controlling personsperson, officersofficer, directorsdirector, partnerspartner, agentsagent, or employees employee of any Purchaser Purchaser, shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of Shares, the SecuritiesSeries D Exchange Shares and Conversion Shares.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Landacorp Inc), Series D Preferred Stock Purchase Agreement (Landa Management Systems Corp)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities, Notes and Warrant Shares.
Appears in 2 contracts
Samples: 12% Secured Promissory Note and Warrant Purchase Agreement (E Digital Corp), 12% Subordinated Promissory Note and Warrant Purchase Agreement (E Digital Corp)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any personPerson (including, firm or corporationwithout limitation, any other Purchaser), other than the Company and its officers and directorsdirectors (acting in their capacity as representatives of the Company), in deciding to invest and in making its investment or decision to invest in the Company. Each Purchaser agrees that no other Purchaser nor or the respective controlling persons, officers, directors, partners, agents, agents or employees of any other Purchaser shall be liable to any other such Purchaser for any action heretofore or hereafter taken or omitted to be taken losses incurred by any of them such Purchaser in connection with its investment in the purchase of the SecuritiesCompany.
Appears in 2 contracts
Samples: Stock Purchase Agreement, Series B Preferred Stock Purchase Agreement (Heat Biologics, Inc.)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities.. [Signature page follows]
Appears in 1 contract
Samples: Series E Preferred Stock and Convertible Note Purchase Agreement (Rosetta Inpharmatics Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of Notes or the SecuritiesConversion Shares.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Castle Brands Inc)
Exculpation Among Purchasers. Each Except as set forth in Section 4.5, each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling personsperson, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesShares.
Appears in 1 contract
Samples: Series F Preferred Stock and Warrant Purchase Agreement (Phoenix Network Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, members, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesShares and Conversion Shares.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Connetics Corp)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase Securities and the Common Stock issuable upon conversion of the Securities.
Appears in 1 contract
Samples: Equity Investment and Supply Agreement (Oplink Communications Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than then the Company Corporation and its officers and directors, in making its investment or decision to invest in the CompanyCorporation. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesShares and Conversion Shares.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Adesso Healthcare Technology Services Inc)
Exculpation Among Purchasers. Each The Purchaser acknowledges that it is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each The Purchaser agrees that no Series B Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Series B Purchaser shall be liable to the Purchaser or to any other Series B Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Zamba Corp)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the 18. respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesShares and Conversion Shares.
Appears in 1 contract
Samples: Purchase Agreement (Improvenet Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesCommon Stock. [NEXT PAGE IS SIGNATURE PAGE.]
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Photogen Technologies Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no other Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any such Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesShares and Conversion Shares.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Petroleum Place Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities.or
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Egroups Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities.or
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Asia Online LTD)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesShares and Conversion Stock.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Kosan Biosciences Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase Shares and Common Stock issuable upon conversion of the SecuritiesShares.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Participate Com Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Notes and Conversion Securities.
Appears in 1 contract
Samples: Note Purchase Agreement (Peninsula Pharmaceuticals Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser who acquires Securities nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesSecurities and Conversion Shares.
Appears in 1 contract
Samples: Series E Preferred Stock and Warrant Purchase Agreement (Exactis Com Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesNotes.
Appears in 1 contract
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities.
Appears in 1 contract
Samples: Securities Purchase Agreement (Birch Telecom Inc /Mo)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities.the
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Improvenet Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm firm, or corporation, other than the Company and its officers and directors, directors in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the SecuritiesShares and Conversion Shares.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Requisite Technology Inc /Co)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm or corporationPerson, other than the Company and its CIBER and their respective officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling personsPersons, officers, directors, partners, agents, or employees of any Purchaser Purchaser, shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of Shares and the Securitiestransactions contemplated herein.
Appears in 1 contract
Samples: Series a Convertible Preferred Stock Purchase Agreement (Ciber Inc)
