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

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor under this Agreement or any other Transaction Document are several and not joint with the obligations of any other Buyer, and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer under any Transaction Document or Other Agreement. Nothing contained herein or in any Other Agreement or any other Transaction Document, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement or any other Transaction Document and the Company acknowledges that the Buyers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement and any other Transaction Document. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, any Other Agreement or out of any 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 Investors’ Obligations and Rights. The obligations of the Investor under this Agreement Waiver or any other Transaction Document are several and not joint with the obligations of any other Buyer, and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer under any Transaction Document or Other AgreementWaiver. Nothing contained herein or in this Waiver, any Other Agreement Waiver or any other Transaction Document, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this AgreementWaiver, any Other Agreement Waiver or any other Transaction Document and the Company acknowledges that the Buyers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this AgreementWaiver, any Other Agreement Waiver and any other Transaction Document. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this AgreementWaiver, any Other Agreement Waiver or out of any 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 Investors’ Obligations and Rights. The obligations of the Investor each Purchaser under this Agreement or any other Transaction Document are several and not joint with the obligations of any other BuyerPurchaser, and the Investor no Purchaser shall not be responsible in any way for the performance of the obligations of any other Buyer under Purchaser hereunder. The decision of each Purchaser to purchase the Securities pursuant to this Agreement has been made by such Purchaser independently of any Transaction Document or Other Agreementother Purchaser. Nothing contained herein or in any Other Agreement or any other Transaction Documenttherein, and no action taken by the Investor any Purchaser pursuant heretohereto or thereto, shall be deemed to constitute the Investor and other Buyers Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by hereby. Each Purchaser acknowledges that no other Purchaser has acted as agent for such Purchaser in connection with making its investment hereunder and that no Purchaser will be acting as agent of such Purchaser in connection with monitoring its investment in the Securities or enforcing its rights under this Agreement, any Other Agreement or any other Transaction Document and the Company acknowledges that the Buyers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement and any other Transaction Document. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor Each Purchaser shall be entitled independently to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement, any Other Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer Purchaser to be joined as an additional party in any proceeding for such purpose.

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

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor each Purchaser under this Agreement or any other Transaction Document are several and not joint with the obligations of any other BuyerPurchaser, and the Investor no Purchaser shall not be responsible in any way for the performance of the obligations of any other Buyer under Purchaser hereunder. The decision of each Purchaser to purchase the Units pursuant to this Agreement or the warrants has been made by such Purchaser independently of any Transaction Document or Other Agreementother Purchaser. Nothing contained herein or in any Other Agreement or any other Transaction Documenttherein, and no action taken by the Investor any Purchaser pursuant heretohereto or thereto, shall be deemed to constitute the Investor and other Buyers Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by hereby. Each Purchaser acknowledges that no other Purchaser has acted as agent for such Purchaser in connection with making its investment hereunder and that no Purchaser will be acting as agent of such Purchaser in connection with monitoring its investment in the Units or enforcing its rights under this Agreement, any Other Agreement or any other Transaction Document and the Company acknowledges that the Buyers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement and any other Transaction Document. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor Each Purchaser shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement, any Other Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer Purchaser to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of the each Investor under this Agreement or any other Transaction Document are several and not joint with the obligations of any other BuyerInvestor, and the no Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Investor under any Transaction Document or Other AgreementDocument. The decision of each Investor to purchase Selling Stockholder Shares and Warrants pursuant to the Transaction Documents has been made by such Investor independently of any other Investor. Nothing contained herein or in any Other Agreement or any other Transaction Document, and no action taken by the any Investor pursuant heretothereto, shall be deemed to constitute the Investor and other Buyers Investors as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Investor and other Buyers Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement or any other the Transaction Document and the Company Documents. Each Investor acknowledges that the Buyers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement and any no other Transaction Document. The Company and the Investor confirm that the 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 Selling Stockholder Shares and Warrants or enforcing its rights under the transactions contemplated hereby with the advice of its own counsel and advisorsTransaction Documents. The Each Investor shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement, any Other Agreement or out of any the other Transaction Documents, and it shall not be necessary for any other Buyer Investor to be joined as an additional party in any proceeding for such purpose. Each of the Company and each Selling Stockholder acknowledges that each of the Investors has been provided with the same Transaction Documents for the convenience of the Company and the Selling Stockholders for the purpose of closing a transaction with multiple Investors and not because it was required or requested to do so by any Investor.

Independent Nature of Investors’ Obligations and Rights. The Except as expressly provided herein and therein, the obligations of the each Investor under this Agreement or any other Transaction Document are several and not joint with the obligations of any other BuyerInvestor, and the no Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Investor under any Transaction Document or Other this Agreement. Nothing contained herein or in any Other Agreement or any other Transaction Documentherein, and no action taken by any Investor (including, without limitation, any of the Investor Co-Lead Investors) pursuant heretohereto or thereto, shall be deemed to constitute the Investor and other Buyers Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Investor acknowledges that no other Investor (including, without limitation, any Other of the Co-Lead Investors) has acted as agent for such Investor in connection with this Agreement or any other Transaction Document and in making its investment in the Company acknowledges and that no Investor (including, without limitation, any of the Buyers are not Co-Lead Investors) will be acting as agent of such Investor in concert connection with monitoring its investment in the Company or as a group with respect to such obligations or the transactions contemplated by enforcing its rights under this Agreement, any Other Agreement and any other Transaction Document. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, any Other Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer Investor to be joined as an additional party in any proceeding for such purpose. Notwithstanding anything contained in this Agreement to the contrary, neither of the Co-Lead Investors shall have any duty, fiduciary or otherwise, to any other Investor by virtue of such Investor serving as a Co-Lead Investor or otherwise.

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor under this Agreement or any other Transaction Document (including this Agreement) are 12 several and not joint with the obligations of any other BuyerOther Investor, and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Other Investor under any Transaction Document or Other AgreementDocument. Nothing contained herein or in any Other Agreement or any other Transaction Document, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers 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 Buyers 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, any Other Agreement or any other the Transaction Document Documents and the Company acknowledges that the Buyers Investor and Other Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement and any other the Transaction DocumentDocuments. The Company acknowledges and the Investor confirm confirms that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, any Other Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer Other Investor to be joined as an additional party in any proceeding for such purpose.. [Signature Page Follows]

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

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor under this Agreement or any other Transaction Document are several and not joint with the obligations of any other Buyer, and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer under any Transaction Document or Other AgreementDocument. Nothing contained herein or in any Other this Agreement or any other Transaction Document, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement or any other Transaction Document and the Company acknowledges that the Buyers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement and any other Transaction Document. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, any Other Agreement or out of any 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.. [Signature Page Follows]

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

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor under this Agreement or any other Transaction Document are several and not joint with the obligations of any other Buyerholder of warrants to purchase Common Stock (each, an “Other Investor”), and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Other Investor under any Transaction Document agreement (whether similar to this agreement or otherwise) (each, an “Other Agreement”). Nothing contained herein or in any Other Agreement or any other Transaction DocumentAgreement, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers 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 Buyers 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, Agreement or any Other Agreement or any other Transaction Document and the Company acknowledges that that, to the Buyers 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, Agreement or any Other Agreement and any other Transaction DocumentAgreement. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, any Other Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer 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 the Investor under this Agreement or and any other Transaction Document Other Investor under any Other Exchange Agreement are several and not joint with the obligations of any other Buyerof the Other Investors, and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Other Investor under any Transaction Document or Other Exchange Agreement. Nothing contained herein or in any Other Agreement or any other Transaction DocumentExchange Agreement, and no action taken by the Investor pursuant heretohereto or any Other Investor pursuant to thereto, shall be deemed to constitute the Investor Investors as, and other Buyers as the Company acknowledges that the 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 Buyers Investors are in any way acting in concert or as a group group, and the Company shall not assert any such claim with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement or any other Transaction Document Other Exchange Agreement and the Company acknowledges that the Buyers Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement and any other Transaction DocumentOther Exchange Agreement. The Company acknowledges and the Investor confirm confirms that the Investor it has independently participated in the negotiation of the transactions transaction contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, any Other Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer 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 the Investor under this Agreement Amendment or any other Transaction Document are several and not joint with the obligations of any other BuyerOther Investor, and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Other Investor under any Transaction Document or Other AgreementAmendment. Nothing contained herein or in any Other Agreement Amendment or any other Transaction Document, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers 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 Buyers Other Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this AgreementAmendment, any Other Agreement Amendment or any other Transaction Document and the Company acknowledges that the Buyers Purchasers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this AgreementAmendment, any Other Agreement Amendment and any other Transaction Document. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this AgreementAmendment, any Other Agreement Amendment or out of any other Transaction Documents, and it shall not be necessary for any other Buyer 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 the Investor under this Agreement or any other Transaction Document are several and not joint with the obligations of any other Buyerholder of Notes (each, an “Other Investor”), and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Other Investor under any Transaction Document or agreement by and between the Company and such Other Investor (each, an “Other Agreement”). Nothing contained herein or in any Other Agreement or any other Transaction DocumentAgreement, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers 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 Buyers 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, Agreement or any Other Agreement or any other Transaction Document and the Company acknowledges that that, to the Buyers 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, Agreement or any Other Agreement and any other Transaction DocumentAgreement. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, any Other Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer 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 the each Investor under this Agreement or any other Transaction Document and the Registration Rights Agreement are several and not joint with the obligations of any other BuyerInvestor, and the no Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Investor under any Transaction Document either this Agreement or Other the Registration Rights Agreement. Nothing contained herein or in any Other Agreement or any other Transaction Documentthe Registration Rights Agreement, and no action taken by the any Investor pursuant heretohereto or thereto, shall be deemed to constitute the Investor Investors as, and other Buyers as the Company acknowledges that the 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 Buyers Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by either this Agreement, any Other Agreement or any other Transaction Document the Registration Rights Agreement and the Company acknowledges that the Buyers 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, any Other Agreement and any other Transaction Documenthereby or thereby. The Company acknowledges and the each Investor confirm confirms that the Investor it has independently participated in the negotiation of the transactions transaction contemplated hereby with the advice of its own counsel and advisors. The Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, including the rights arising out of this Agreement, any Other Agreement or out of any other Transaction Documentsthe Registration Rights Agreement, and it shall not be necessary for any other Buyer Investor to be joined as an additional party in any proceeding for such purpose.. * * *

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor under this Agreement Amendment or any other Transaction Document are several and not joint with the obligations of any other BuyerOther Investor, and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Other Investor under any Transaction Document or Other AgreementAmendment. Nothing contained herein or in any Other Agreement Amendment or any other Transaction Document, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers 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 Buyers Other Investor are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this AgreementAmendment, any Other Agreement Amendment or any other Transaction Document and the Company acknowledges that the Buyers Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this AgreementAmendment, any Other Agreement Amendment and any other Transaction Document. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this AgreementAmendment, any Other Agreement Amendment or out of any other Transaction Documents, and it shall not be necessary for any other Buyer 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 the each Investor under this Agreement or any other Transaction Document are several and not joint with the obligations of any other BuyerInvestor, and the no Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Investor under any Transaction Document or Other Agreementand nor shall the Company be relieved of any of its obligations to an Investor as a result of the breach hereof by any other Investor. Nothing contained herein or in any Other Agreement or any other Transaction Document, and no action taken by the any Investor pursuant heretohereto or thereto, shall be deemed to constitute the Investor and other Buyers Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement or any other the Transaction Document Documents and the Company acknowledges that the Buyers Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement, any Other Agreement and any other the Transaction DocumentDocuments. The Company and the Each Investor confirm confirms that the Investor it has independently participated in the negotiation of the transactions transaction contemplated hereby with the advice of its own counsel and advisors. The Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, any Other Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer Investor to be joined as an additional party in any proceeding for such purpose.

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

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