Common use of Independent Nature of Lenders Clause in Contracts

Independent Nature of Lenders. Except as otherwise provided in the Section 11(c) of this Agreement: (i) the Company acknowledges that the obligations of each Lender under the Transaction Documents are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance of the obligations of any other Lender under the Transaction Documents; (ii) the Company acknowledges that the decision of each Lender to purchase securities pursuant to this Agreement has been made by such Lender 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 Lender or by any agent or employee of any other Lender, and no Lender or any of its agents or employees shall have any liability to any Lender (or any other person) relating to or arising from any such information, materials, statements or opinions; (iii) the Company acknowledges that nothing contained herein, or in any 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 the Transaction Documents; (iv) the Company acknowledges that 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; (v) the Company acknowledges that for reasons of administrative convenience only, the Transaction Documents have been prepared by counsel for one of the Lenders and such counsel does not represent all of the Lenders but only such Lender and the other Lenders have retained their own individual counsel with respect to the transactions contemplated hereby; (vi) the Company acknowledges that it has elected to provide all Lenders 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 Lenders.

Independent Nature of Lenders. Except as otherwise provided in the Section 11(c) of this Agreement: (i) the Company acknowledges that the The obligations of each Lender under the Transaction Documents hereunder are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance of the obligations of any other Lender under the Transaction Documents; (ii) the Company acknowledges that the hereunder. Each Lender shall be responsible only for its own representations, warranties, agreements and covenants hereunder. The decision of each Lender to purchase securities pursuant to enter into this Agreement and any of the other Loan Documents and consummate the transactions contemplated hereby or thereby has been made by such Lender independently of any other purchase Lender 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 RMG Holdings or any of its Subsidiaries which may have been made or given by any other Lender or by any agent or employee of any other Lender, and no Lender or any of its agents or employees shall have any liability to any other Lender (or any other personPerson or entity) relating to or arising from any such information, materials, statements or opinions; . Each Lender had the opportunity to retain its own counsel and other advisors as it deemed appropriate and no counsel or other advisor for any Lender represented (iiior will be deemed to have represented) the Company acknowledges that nothing other Lender in connection with the respective Lenders’ entry into this Agreement and the other Loan Documents. Nothing contained herein, or in any 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 hereby. Subject to the Transaction terms of the Loan Documents; (iv) the Company acknowledges that , 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 Loan Documents, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose; (v) the Company acknowledges that for reasons of administrative convenience only, the Transaction Documents have been prepared by counsel for one of the Lenders and such counsel does not represent all of the Lenders but only such Lender and the other Lenders have retained their own individual counsel with respect to the transactions contemplated hereby; (vi) the Company acknowledges that it has elected to provide all Lenders 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 Lenders.

Independent Nature of Lenders. Except as otherwise provided in the Section 11(c) of this Agreement: (i) the Company acknowledges that the The obligations of each Lender under this Agreement and each of the Transaction other Loan Documents (including as amended hereby, as applicable) are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance of the obligations of any other Lender under this Agreement or any other Loan Documents (including as amended hereby, as applicable). Each Lender shall be responsible only for its own representations, warranties, agreements and covenants hereunder and under the Transaction Documents; other Loan Documents (ii) the Company acknowledges that the including as amended hereby, as applicable). The decision of each Lender to purchase securities pursuant to enter into this Agreement and consummate the transactions contemplated hereby has been made by such Lender independently of any other purchase Lender 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 Borrower that may have been made or given by any other Lender or by any agent agent, attorney, advisor, representative or employee of any other Lender, and no Lender or any of its agents agents, attorneys, advisors, representatives or employees shall have any liability to any other Lender (or any other personPerson) relating to or arising from any such information, materials, statements or opinions; (iii) the Company acknowledges that nothing . Nothing contained herein, or in any Transaction Documentthis Agreement, and no action taken by any Lender pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as as, and the Borrower acknowledges and agrees that the Lenders do not thereby constitute, 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 Obligations or the transactions contemplated by the Transaction Documents; (iv) the Company acknowledges that 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 DocumentsLoan Document (including as amended hereby, as applicable), and it the Borrower shall not be necessary for assert any other Lender to be joined as an additional party in any proceeding for such purpose; (v) the Company acknowledges that for reasons of administrative convenience only, the Transaction Documents have been prepared by counsel for one of the Lenders and such counsel does not represent all of the Lenders but only such Lender and the other Lenders have retained their own individual counsel with respect to the transactions contemplated hereby; (vi) the Company acknowledges that it has elected to provide all Lenders 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 Lenderscontrary position.

Independent Nature of Lenders. Except as otherwise provided in the Section 11(c) of this Agreement: (i) the Company acknowledges that the The obligations of each Participating Lender under this Agreement and each of the other Transaction Documents are several and not joint with the obligations of any other Participating Lender, and no Participating Lender shall be responsible in any way for the performance of the obligations of any other Participating Lender under this Agreement or any other Transaction Document. Each Participating Lender shall be responsible only for its own representations, warranties, agreements and covenants hereunder and under the other Transaction Documents; (ii) the Company acknowledges that the . The decision of each Participating Lender to purchase securities enter into this Agreement, consummate the Exchange and acquire the Exchange Shares and the Exchange Warrants pursuant to this Agreement has been made by such Participating Lender independently of any other purchase Participating Lender 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 Borrower that may have been made or given by any other Participating Lender or by any agent agent, attorney, advisor, representative or employee of any other Participating Lender, and no Participating Lender or any of its agents agents, attorneys, advisors, representatives or employees shall have any liability to any other Participating Lender (or any other personPerson) relating to or arising from any such information, materials, statements or opinions; (iii) the Company acknowledges that nothing . Nothing contained herein, or in any Transaction Documentthis Agreement, and no action taken by any Participating Lender pursuant hereto (including a Participating Lender’s acquisition of any Securities or theretoany other securities at the same time as any other Participating Lender), shall be deemed to constitute the Participating Lenders as as, and the Borrower acknowledges and agrees that the Participating Lenders do not thereby constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Participating Lenders are in any way acting in concert or as a group with respect to such obligations Obligations or the transactions contemplated by the Transaction Documents; (iv) the Company acknowledges that 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 DocumentsDocument, and it the Borrower shall not be necessary for assert any other Lender to be joined as an additional party in any proceeding for such purpose; (v) the Company acknowledges that for reasons of administrative convenience only, the Transaction Documents have been prepared by counsel for one of the Lenders and such counsel does not represent all of the Lenders but only such Lender and the other Lenders have retained their own individual counsel with respect to the transactions contemplated hereby; (vi) the Company acknowledges that it has elected to provide all Lenders 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 Lenderscontrary position.