Common use of Independent Investigation; No Other Representations and Warranties Clause in Contracts

Independent Investigation; No Other Representations and Warranties. The Company acknowledges and agrees that in making its decision to enter into this Agreement and to consummate the transactions contemplated hereby, it has relied solely upon its own investigation and upon the representations and warranties of the Purchaser expressly set forth in Article IV and the other Purchaser Documents. The Company acknowledges and agrees that the Purchaser is not making any representations or warranties whatsoever, express or implied, beyond those expressly set forth in Article IV and in the other Transaction Documents. THE COMPANY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF THE PURCHASER SET FORTH IN ARTICLE IV AND IN THE OTHER PURCHASER DOCUMENTS, NONE OF THE PURCHASER OR ANY OTHER PERSON (INCLUDING, ANY SHAREHOLDER, MEMBER, OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF ANY OF THE FOREGOING, WHETHER IN ANY INDIVIDUAL, CORPORATE OR ANY OTHER CAPACITY) IS MAKING, AND THE COMPANY IS NOT RELYING ON, ANY REPRESENTATIONS, WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER CONCERNING THE PURCHASER, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Independent Investigation; No Other Representations and Warranties. The Company acknowledges and Buyer agrees that in making none of the Company, the Seller or any of their respective Affiliates have made and shall not be deemed to have made, nor has the Buyer or any of its decision Affiliates relied on, any representation, warranty, covenant or agreement, express or implied, with respect to enter into this Agreement and to consummate the Company, its business or the transactions contemplated hereby, it has relied solely upon its own investigation other than those representations, warranties, covenants and upon the representations and warranties of the Purchaser expressly agreements explicitly set forth in Article IV and this Agreement. Without limiting the other Purchaser Documents. The Company acknowledges and generality of the foregoing, the Buyer agrees that the Purchaser is not making any representations no representation or warranties whatsoeverwarranty, express or implied, beyond those expressly set forth is made with respect to any financial projections, budgets or other forward looking statements. The Buyer further covenants, acknowledges and agrees that it (a) has made its own investigation into, and based thereon has formed an independent judgment concerning, the Company and its business, (b) has been given adequate access to such information about the Company and its business as the Buyer has reasonably requested, and (c) will not assert any claim against the Seller or any of its partners, directors, officers, employees, advisors, agents, stockholders, managers, members, consultants, investment bankers, brokers, representatives or controlling persons, or any Affiliate of any of the foregoing, or seek to hold any such Person liable, for any inaccuracies, misstatements or omissions with respect to any information made available, delivered, provided or furnished to the Buyer or any of its Affiliates; provided, that this Section 4.6 shall not preclude the Buyer Indemnified Parties from asserting claims for indemnification in Article IV accordance with Section 6.3(a) (subject to the limitations contained in Sections 6.3 and in the other Transaction Documents. THE COMPANY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF THE PURCHASER SET FORTH IN ARTICLE IV AND IN THE OTHER PURCHASER DOCUMENTS, NONE OF THE PURCHASER OR ANY OTHER PERSON (INCLUDING, ANY SHAREHOLDER, MEMBER, OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF ANY OF THE FOREGOING, WHETHER IN ANY INDIVIDUAL, CORPORATE OR ANY OTHER CAPACITY) IS MAKING, AND THE COMPANY IS NOT RELYING ON, ANY REPRESENTATIONS, WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER CONCERNING THE PURCHASER, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY8.1).