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

Independent Nature of Lenders’ Obligations and Rights. The obligations of each Lender under this Agreement and any other Transaction Document are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance or non-performance of the obligations of any other Lender under this Agreement and any other Transaction Document. The decision of each Lender to convert and exchange Indebtedness for shares of Series B Preferred Stock pursuant to this Agreement and the other Transaction Documents has been made by such Lender independently of any other Lender. Nothing contained herein or in any other Transaction Document, and no action taken by any Lender pursuant thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders 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 other Transaction Documents. Each Lender 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 Lender to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Lenders’ Obligations and Rights. The obligations of each Lender under this Agreement and any other Transaction Document are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance or non-performance of the obligations of any other Lender under this Agreement and any other Transaction Document. The decision of each Lender to convert and exchange Indebtedness for shares of Series B Preferred Stock pursuant to this Agreement and the other Transaction Documents has been made by such Lender independently of any other Lender. Nothing contained herein or in any other Transaction Document, and no action taken by any Lender pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders 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 and each of the other Credit Parties acknowledges that the Lenders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Lender confirms that it has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. Each Lender shall be entitled to independently protect and enforce its rights, including including, without limitation, the rights arising out of this Agreement or out of the any other Transaction Documents, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Lenders’ Obligations and Rights. The obligations of each Lender under this Agreement and any other Transaction Document are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance or non-performance of the obligations of any other Lender under this Agreement and any other Transaction Document. The decision of each Lender to convert and exchange Indebtedness for shares of Series B Preferred Stock pursuant to this Agreement and the other Transaction Documents has been made by such Lender independently of any other Lender. Nothing contained herein or in any other Transaction Document, and no action taken by any Lender pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders 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 and each of the other Borrowers acknowledges that the Lenders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Lender confirms that it has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. Each Lender shall be entitled to independently protect and enforce its rights, including including, without limitation, the rights arising out of this Agreement or out of the any other Transaction Documents, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.. [Signature Pages Follow]

Independent Nature of Lenders’ Obligations and Rights. The obligations of each Lender under this Agreement and any other Transaction Document are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance or non-performance of the obligations of any other Lender under this Agreement and any other Transaction Document. The decision of each Lender to convert and exchange Indebtedness for shares of Series B Preferred Stock pursuant to this Agreement and the other Transaction Documents has been made by such Lender independently of any other Lender. Nothing contained herein or in any other Transaction Document, and no action taken by any Lender pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders 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 and each of the other Borrowers acknowledges that the Lenders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Lender confirms that it has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. Each Lender shall be entitled to independently protect and enforce its rights, including without limitation, the rights arising out of this Agreement or out of the any other Transaction Documents, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.

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

Independent Nature of Lenders’ Obligations and Rights. The obligations of each Lender under this Agreement and any other Transaction Document are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance or non-performance of the obligations of any other Lender under this Agreement and any other Transaction Document. The decision of each Lender to convert and exchange Indebtedness for shares of Series B Preferred Stock pursuant to this Agreement and the other Transaction Documents has been made by such Lender independently of any other Lender. Nothing contained herein or in any other Transaction Document, and no action taken by any Lender pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders 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 and each of the other Borrowers acknowledges that the Lenders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Lender confirms that it has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. Each Lender shall be entitled to independently protect and enforce its rights, including including, without limitation, the rights arising out of this Agreement or out of the any other Transaction Documents, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.