Common use of Independent Nature of Investors’ Obligations and Rights Clause in Contracts

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreement. Nothing contained herein, and no action taken by any Investor pursuant hereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each the Investor under any Transaction Document (including this Agreement Agreement) are several and not joint with the obligations of any other Other Investor, and no the Investor shall not be responsible in any way for the performance of the obligations of any other Other Investor under this Agreementany Transaction Document. Nothing contained hereinherein or in any other Transaction Document, and no action taken by any the Investor pursuant hereto, shall be deemed to constitute the Investor and Other Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and Other Investors are in any way acting in concert or as a group group, and the Company will not assert any such claim with respect to such the obligations or the transactions contemplated by this Agreement the Transaction Documents and the Company acknowledges that the Investor and Other Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreementthe Transaction Documents. Each The Company acknowledges and the Investor confirms that it the Investor has independently participated in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. Each The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this AgreementAgreement or out of any other Transaction Documents, and it shall not be necessary for any other Other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each the Investor under this Agreement are several and not joint with the obligations of any other Other Investor, and no the Investor shall not be responsible in any way for the performance of the obligations of any other Other Investor under this any Other Agreement. Nothing contained hereinherein or in any Other Agreement, and no action taken by any the Investor pursuant hereto, shall be deemed to constitute the Investor and Other Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and Other Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any Other Agreement and the Company acknowledges that that, to the best of its knowledge, the Investor and the Other Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any Other Agreement. Each The Company and the Investor confirms confirm that it the Investor has independently participated in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. Each The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, and it shall not be necessary for any other Other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each the Investor under this Agreement are any Existing Transaction Document, several and not joint with the obligations of any other Other Investor, and no the Investor shall not be responsible in any way for the performance of the obligations of any other Other Investor under this Agreementany Existing Transaction Documents. Nothing contained hereinherein or in any other Existing Transaction Documents, and no action taken by any the Investor pursuant hereto, shall be deemed to constitute the Investor and Other Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and Other Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement the Existing Transaction Documents. The Company and the Company acknowledges Investor confirm that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms that it has independently participated in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. Each The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this AgreementAgreement or out of any other Existing Transaction Documents, and it shall not be necessary for any other Other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement any Transaction Document are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreementany Transaction Document. Nothing contained hereinherein or in any other Transaction Document, and no action taken by any Investor pursuant heretohereto or thereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this AgreementTransaction Documents. Each Investor confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this AgreementAgreement or out of any other Transaction Documents, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement are several and not joint with the obligations of any other InvestorInvestor under this Agreement, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreement. Nothing contained herein, and no action taken by any Investor pursuant hereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms acknowledges that it no other Investor has independently participated acted as agent for such Investor in the negotiation connection with making its investment hereunder and that no Investor will be acting as agent of the transaction contemplated hereby such Investor in connection with the advice monitoring its investment in shares of Acquired Common Stock or enforcing its own counsel and advisorsrights under this Agreement. Each Investor shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose. It is expressly understood and agreed that each provision contained in this Agreement is between the Company and an Investor, solely, and not between the Company and the Investors collectively and not between and among the Investors.

Independent Nature of Investors’ Obligations and Rights. The obligations of each the Investor under this Agreement are several and not joint with the obligations of any other Other Investor, and no the Investor shall not be responsible in any way for the performance of the obligations of any other Investor under this AgreementOther Investor. Nothing contained herein, and no action taken by any the Investor pursuant hereto, shall be deemed to constitute the Investor and the Other Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each The Company and the Investor confirms that it the Investor has independently participated in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. Each The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, and it shall not be necessary for any other Other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreement. Nothing contained herein, and no action taken by any Investor pursuant hereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company Seller acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each the Investor under this Agreement are several and not joint with the obligations of any other Other Investor, and no the Investor shall not be responsible in any way for the performance of the obligations of any other Other Investor under this any Other Agreement. Nothing contained hereinherein or in any Other Agreement, and no action taken by any the Investor pursuant hereto, shall be deemed to constitute the Investor and Other Investors as as, and the Company acknowledges that the Investor and the Other Investors do not so constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and Other Investors are in any way acting in concert or as a group group, and the Company will not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any Other Agreement and the Company acknowledges that that, to the best of its knowledge, the Investor and the Other Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any Other Agreement. Each The Company and the Investor confirms confirm that it the Investor has independently participated in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. Each The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, and it shall not be necessary for any other Other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement any Transaction Document are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreementany Transaction Documents. Nothing contained hereinherein or in any Transaction Document, and no action taken by any Investor pursuant heretothereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this AgreementTransaction Document. Each Investor confirms acknowledges that it no other Investor has independently participated acted as agent for such Investor in the negotiation connection with making its investment hereunder and that no other Investor will be acting as agent of the transaction contemplated hereby such Investor in connection with the advice of monitoring its own counsel and advisorsinvestment hereunder. Each Investor shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this AgreementAgreement or out of the other Transaction Documents, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding Proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement any Transaction Document are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreementany Transaction Document. Nothing contained hereinherein or in any Transaction Document, and no action taken by any Investor pursuant heretothereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this AgreementTransaction Documents. Each Investor confirms acknowledges that it no other Investor has independently participated acted as agent for such Investor in connection with making its investment hereunder and that no Investor will be acting as agent of such Investor in connection with monitoring its investment in the negotiation of Securities or enforcing its rights under the transaction contemplated hereby with the advice of its own counsel and advisorsTransaction Documents. Each Investor shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this AgreementAgreement or out of the other Transaction Documents, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each the Investor under this Agreement or any other Transaction Document are several and not joint with the obligations of any other Investor, and no the Investor shall not be responsible in any way for the performance of the obligations of any other Investor under this Agreementany Transaction Document. Nothing contained hereinherein or in this Agreement or any other Transaction Document, and no action taken by any the Investor pursuant hereto, shall be deemed to constitute the Investors Investor and other investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors Investor and other investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any other Transaction Document and the Company acknowledges that the Investors are Investor is not acting in concert or as a group with respect to such obligations or the transactions contemplated by this AgreementAgreement and any other Transaction Document. Each The Company and the Investor confirms confirm that it the Investor has independently participated in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. Each The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this AgreementAgreement or out of any other Transaction Documents, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreement. Nothing contained herein, and no action taken by any Investor pursuant hereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement Agreement, and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement and the documents referred to herein are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this AgreementAgreement and the documents referred to herein. Nothing contained hereinherein or in any document, and no action taken by any Investor pursuant heretohereto or thereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group group, and the Company will not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms that it has independently participated in Agreement and the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisorsdocuments referred to herein. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this AgreementAgreement or out of any other documents referred herein, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each the Investor under this Agreement any Transaction Document are several and not joint with the obligations of any other Other Investor, and no the Investor shall not be responsible in any way for the performance of the obligations of any other Other Investor under this Agreementany Transaction Document. Nothing contained hereinherein or in any other Transaction Document, and no action taken by any the Investor pursuant hereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and Other Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement the Transaction Documents. The Company and the Company acknowledges Investor confirm that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms that it has independently participated in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. Each The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this AgreementAgreement or out of any other Transaction Documents, and it shall not be necessary for any other Other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement hereunder are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreementhereunder. Nothing contained herein, and no action taken by any Investor pursuant heretothereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreementhereby. Each Investor confirms acknowledges that it no other Investor has independently participated acted as agent for such Investor in connection herewith and that no Investor will be acting as agent of such Investor in connection with monitoring its investment in the negotiation of the transaction contemplated hereby with the advice of Company or enforcing its own counsel and advisorsrights hereunder. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each the Investor under this Agreement are several and not joint with the obligations of any other investor pursuant to any of the Securities Purchase Agreements (each, an “Other Investor”), and no the Investor shall not be responsible in any way for the performance of the obligations of any other Other Investor under this any other agreement (each, an “Other Agreement”). Nothing contained hereinherein or in any Other Agreement, and no action taken by any the Investor pursuant hereto, shall be deemed to constitute the Investor and Other Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and Other Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any Other Agreement and the Company acknowledges that that, to the best of its knowledge, the Investor and the Other Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any Other Agreement. Each The Company and the Investor confirms confirm that it the Investor has independently participated in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. Each The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, and it shall not be necessary for any other Other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreement. Nothing contained herein, and no action taken by any Investor pursuant heretothereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms that it has independently participated acknowledges, except as provided in the negotiation Security Agreement, that no other Investor has acted as agent for such Investor in connection herewith and that no Investor will be acting as agent of such Investor in connection with monitoring its investment in the transaction contemplated hereby with the advice of Company or enforcing its own counsel and advisorsrights under this Agreement. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, Agreement and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreement. Nothing contained herein, and no action taken by any Investor pursuant hereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms that it has independently participated in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, including the rights arising out of this Agreement, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement any Company Agreements are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this any Company Agreement. Nothing contained hereinherein or in any other Company Agreement, and no action taken by any Investor pursuant heretohereto or thereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitationlimitations, the rights arising out of this AgreementAgreement or out of any other Company Agreements, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The Except as expressly provided herein and therein, the obligations of each Investor under this Agreement Agreement, are several and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreement. Nothing contained herein, and no action taken by any Investor pursuant heretohereto or thereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms acknowledges that it no other Investor has independently participated acted as agent for such Investor in connection with making its investment in the negotiation Registrable Securities and that no Investor will be acting as agent of such Investor in connection with monitoring its investment in the transaction contemplated hereby with the advice of Registrable Securities or enforcing its own counsel and advisorsrights under this Agreement. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of each Investor under this Agreement are several individual and not joint with the obligations of any other Investor, and no Investor shall be responsible in any way for the performance of the obligations of any other Investor under this Agreement. Nothing contained herein, and no action taken by any Investor pursuant hereto, shall be deemed to constitute the Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement and the Company acknowledges that the Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor confirms that it has independently participated in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. NFI acknowledges that each Investor has independently participated in the negotiation of the transactions contemplated hereby and did not act as a group. Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, and it shall not be necessary for any other Investor to be joined as an additional party in any proceeding for such purpose.