Common use of Independent Nature of Holders Clause in Contracts

Independent Nature of Holders. The Company acknowledges that the obligations of each Holder under the Transaction Documents are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under the Transaction Documents. The Company acknowledges that the decision of each Holder to purchase Securities pursuant to the Purchase Agreement has been made by such Holder independently of any other purchase 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 its Subsidiaries which may have made or given by any other Holder or by any agent or employee of any other Holder, and no Holder or any of its agents or employees shall have any liability to any Holder (or any other person) relating to or arising from any such information, materials, statements or opinions. The Company acknowledges that nothing contained herein, or in any Transaction Document, and no action taken by any Holder pursuant hereto or thereto (including, but not limited to, the (i) inclusion of a Holder in the Registration Statement and (ii) review by, and consent to, such Registration Statement by a Holder) shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. The Company acknowledges that each Holder 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 Holder to be joined as an additional party in any proceeding for such purpose. The Company acknowledges that for reasons of administrative convenience only, the Transaction Documents have been prepared by counsel for one of the Holders and such counsel does not represent all of the Holders but only such Holder and the other Holders have retained their own individual counsel with respect to the transactions contemplated hereby. The Company acknowledges that it has elected to provide all Holders with the same terms and Transaction Documents for the convenience of the Company and not because it was required or requested to do so by the Holders. The Company acknowledges that such procedure with respect to the Transaction Documents in no way creates a presumption that the Holders are in any way acting in concert or as a group with respect to the Transaction Documents or the transactions contemplated hereby or thereby.

Independent Nature of Holders. The Company acknowledges that the obligations of each Holder under the any Series B Document or other Transaction Documents are several and not joint with the obligations of any other HolderHolder or Purchaser, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder or Purchaser under the any Series B Document or Transaction Documents. The Company acknowledges that the decision of each Holder to enter into this Agreement and/or to purchase Securities Shares and Series D Warrants pursuant to the Purchase Series D Agreement has been made by such Holder independently of any other purchase Holder or Purchaser 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 its Subsidiaries the Subsidiary which may have been made or given by any other Holder or Purchaser or by any agent or employee of any other Holder, and no Holder or any of its agents or employees shall have any liability to any Holder (or any other person) relating to or arising from any such information, materials, statements or opinionsPurchaser. The Company acknowledges that nothing Nothing contained herein, herein or in any Series B Document or Transaction Document, and no action taken by any Holder or Purchaser pursuant hereto or thereto (includingthereto, but not limited to, the (i) inclusion of a Holder in the Registration Statement and (ii) review by, and consent to, such Registration Statement by a Holder) shall be deemed to constitute the Holders or Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption 30 that the Holders or Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Series B Documents or the Transaction Documents. The Company expressly acknowledges that each the Holders and Purchasers are not in any manner acting as a group. Each Holder shall be entitled to independently protect and enforce its rights, including without limitation, limitation the rights arising out of this Agreement or out of the other Series B Documents or the Transaction Documents, and it shall not be necessary for any other Holder or Purchaser to be joined as an additional party in any proceeding for such purpose. The Company acknowledges that for reasons of administrative convenience only, the Transaction Documents have been prepared by counsel for one of the Holders and such counsel does not represent all of the Holders but only such Holder and the other Holders have retained their own individual counsel with respect to the transactions contemplated hereby. The Company acknowledges that it has elected to provide all Holders with the same terms and Transaction Documents for the convenience of the Company and not because it was required or requested to do so by the Holders. The Company acknowledges that such procedure with respect to the Transaction Documents in no way creates a presumption that the Holders are in any way acting in concert or as a group with respect to the Transaction Documents or the transactions contemplated hereby or thereby.

Independent Nature of Holders. The Company acknowledges that the obligations of each Holder under the Transaction Documents are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under the Transaction Documents. The Company acknowledges that the decision of each Holder to purchase Securities pursuant to the Purchase Agreement and to exercise its rights under the Series J Warrant has been made by such Holder Holders independently of any other purchase Holder 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 its Subsidiaries which may have made or given by any other Holder or by any agent or employee of any other Holder, and no Holder Holderr or any of its agents or employees shall have any liability to any Holder Holderr (or any other person) relating to or arising from any such information, materials, statements or opinions. The Company acknowledges that nothing contained herein, or in any Transaction Document, and no action taken by any Holder pursuant hereto or thereto (including, but not limited to, the (i) inclusion of a Holder in the a Registration Statement and (ii) review by, and consent to, such Registration Statement by a Holder) shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. The Company acknowledges that each Holder 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 Holder to be joined as an additional party in any proceeding for such purpose. The Company acknowledges that for reasons of administrative convenience only, the Transaction Documents have been prepared by counsel for one of the Holders and such counsel does not represent all of the Holders but only such Holder and the other Holders have retained their own individual counsel with respect to the transactions contemplated herebyHolders. The Company acknowledges that it has elected to provide all Holders with the same terms and Transaction Documents for the convenience of the Company and not because it was required or requested to do so by the Holders. The Company acknowledges that such procedure with respect to the Transaction Documents in no way creates a presumption that the Holders are in any way acting in concert or as a group with respect to the Transaction Documents or the transactions contemplated hereby or thereby.

Independent Nature of Holders. The Company acknowledges that the obligations of each Holder under the Transaction Documents are several and not joint with the obligations of any other Holder, and no Holder shall be responsible in any way for the performance of the obligations of any other Holder under the Transaction Documents. The Company acknowledges that the decision of each Holder to purchase Securities pursuant to the Purchase Agreement and to exercise its rights under the Series J Warrant has been made by such Holder Holders independently of any other purchase Holder 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 its Subsidiaries which may have made or given by any other Holder or by any agent or employee of any other Holder, and no Holder Holderr or any of its agents or employees shall have any liability to any Holder Holderr (or any other person) relating to or arising from any such information, materials, statements or opinions. The Company acknowledges that nothing contained herein, or in any Transaction Document, and no action taken by any Holder pursuant hereto or thereto (including, but not limited to, the (i) inclusion of a Holder in the a Registration Statement and (ii) review by, and consent to, such Registration Statement by a Holder) shall be deemed to constitute the Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. The Company acknowledges that each Holder 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 Holder to be joined as an additional party in any proceeding for such purpose. The Company acknowledges that for reasons of administrative convenience only, the Transaction Documents have been prepared by counsel for one of the Holders and such counsel does not represent all of the Holders but only such Holder and the other Holders have retained their own individual counsel with respect to the transactions contemplated herebyHolders. The Company acknowledges that it has elected to provide all Holders with the same terms and Transaction Documents for the convenience of the Company and not because it was required or requested to do so by the Holders. The Company acknowledges that such procedure with respect to the Transaction Documents in no way creates a presumption that the Holders are in any way acting in concert or as a group with respect to the Transaction Documents or the transactions contemplated hereby or thereby.. 242