Common use of Independent Nature of Buyers Clause in Contracts

Independent Nature of Buyers. (a) The Company acknowledges that the obligations of each Buyer under this Agreement, the Registration Rights Agreement, the Warrants and any other document entered into in connection with this Agreement, the Registration Rights Agreement, the Warrants and the transactions contemplated hereby and thereby (collectively, the “Transaction Documents”) are several and not joint with the obligations of any other Buyer, and no Buyer shall be responsible in any way for the performance of the obligations of any other Buyer under the Transaction Documents. The decision of each Buyer to purchase Securities pursuant to this Agreement has been made by such Buyer independently of any other Buyer and independently of any information, materials, statements or opinions as to the business, affairs, operations, assets, properties, liabilities, results of operations, condition (financial or otherwise) or prospects of the Company or of the Subsidiaries which may have made or given by any other Buyer or by any agent or employee of any other Buyer, and, as between the Buyers no Buyer or any of its agents or employees shall have any liability to any Buyer relating to or arising from any such information, materials, statements or opinions. The Company further acknowledges that nothing contained in the Transaction Documents, and no action taken by any Buyer pursuant hereto or thereto, shall be deemed to constitute the Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated hereby. Each Buyer shall be entitled to independently protect and enforce its rights, including without limitation, the rights arising out of this Agreement or out of the other Transaction Documents, and it shall not be necessary for any other Buyer to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Buyers. (a) The Company acknowledges that the obligations of each Buyer the Buyers under this Agreement, the Registration Rights Agreement, the Warrants and any other document entered into in connection with this Agreement, the Registration Rights Agreement, the Warrants and the transactions contemplated hereby and thereby (collectively, the “Transaction Documents”"TRANSACTION DOCUMENTS") are several and not joint with the obligations of any other Buyerjoint, and no Buyer shall be responsible in any way for the performance of the obligations of any other Buyer under the Transaction Documents. The decision of each Buyer of the Buyers to purchase Securities pursuant to this Agreement has been made by such each Buyer independently of any other Buyer and independently of any information, materials, statements or opinions as to the business, affairs, operations, assets, properties, liabilities, results of operations, condition (financial or otherwise) or prospects of the Company or of the Subsidiaries which may have made or given by any other Buyer or by any agent or employee of any other Buyer, Buyer and, as between the Buyers Buyers, no Buyer or any of its agents or employees shall have any liability to any other Buyer relating to or arising from any such information, materials, statements or opinions. The Company further acknowledges that nothing contained in the Transaction Documents, and no action taken by any Buyer the Buyers pursuant hereto or thereto, shall be deemed to constitute the Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated hereby. Each Buyer of the Buyers shall be entitled to independently protect and enforce its rights, including without limitation, the rights arising out of this Agreement or out of the other Transaction Documents, and it shall not be necessary for any other Buyer to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Buyers. (a) The Company acknowledges that the obligations of each Buyer hereunder and under this Agreement, each of the Registration Rights Agreement, the Warrants and any other document entered into in connection with this Agreement, the Registration Rights Agreement, the Warrants and the transactions contemplated hereby and thereby (collectively, the “Transaction Documents”) Documents to which such Buyer is a party are several and not joint with the obligations of any other Buyer, and no Buyer shall be responsible in any way for the performance of the obligations of any other Buyer hereunder or under any of the other Transaction Documents. Each Buyer shall be responsible only for its own representations, warranties, agreements and covenants hereunder and under each of the Transaction DocumentsDocuments to which it is a party. The decision of each Buyer to purchase the Securities pursuant to this Agreement has been made by such Buyer independently of any other Buyer and independently of any information, materials, statements or opinions as to the business, affairs, operations, assets, properties, liabilities, results of operations, condition (financial or otherwise) or prospects of the Company or any of the its Subsidiaries which may have been made or given by any other Buyer or by any agent or employee of any other Buyer, and, as between the Buyers and no Buyer or any of its agents or employees shall have any liability to any other Buyer (or any other Person) relating to or arising from any such information, materials, statements or opinions. The Company further acknowledges that nothing Nothing contained herein or in any of the other Transaction Documents, and no action taken by any Buyer pursuant hereto or thereto, shall be deemed to constitute the Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated herebyhereby or thereby. Each Buyer shall be entitled to independently protect and enforce its rights, including without limitation, the rights arising out of this Agreement or out of Agreement, the Notes and the other Transaction Documents, and it shall not be necessary for any other Buyer to be joined as an additional party in any proceeding for such purpose.