Independent Nature of Obligations and Rights. The obligations of each of the Holder and the Other Holders under this and any other exchange agreements are several and not joint with the obligations of any other such Person, and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder under any of the Transaction Documents. Nothing contained herein, and no action taken by any of the Holder and the Other Holders pursuant hereto or thereto, shall be deemed to constitute the Holder and the Other Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that they are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated hereby, and the Company acknowledges that they are not acting in concert or as a group, and the Company will not assert any such claim with respect to such obligations or the transactions contemplated hereby. Each of the Holder and the Other Holders 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 Person to be joined as an additional party in any proceeding for such purpose
Independent Nature of Obligations and Rights. The obligations of each Person under any Transaction Document are several and not joint with the obligations of any other Person, and no Person shall be responsible in any way for the performance of the obligations of any other Person under any Transaction Document. The decision of each Person to purchase Securities pursuant to the Transaction Documents has been made by such Person independently of any other Person. Nothing contained herein or in any Transaction Document, and no action taken by any Person pursuant thereto, shall be deemed to constitute the parties hereto as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the parties hereto are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Person acknowledges that no other Person has acted as agent for such Person in connection with making its investment hereunder and that no Person will be acting as agent of such Person in connection with monitoring its investment in the Securities or enforcing its rights under the Transaction Documents. Each Person 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 Person to be joined as an additional party in any proceeding for such purpose. The Company acknowledges that each of the other parties hereto has been provided with the same Transaction Documents for the purpose of closing a transaction with multiple parties and not because it was required or requested to do so by any Person.
Independent Nature of Obligations and Rights. The obligations of each Stockholder under this Agreement are several and not joint with the obligations of each other party, and no Stockholder shall be responsible in any way for the performance of the obligations of any other party under this Agreement.
Independent Nature of Obligations and Rights. The obligations of each Note Holder and hereunder are several and not joint with the obligations of any other Note Holder, and no Note Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Note Holder hereunder. Nothing contained herein and no action taken by any Note Holder hereto shall be deemed to constitute the Note Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Note Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated hereby.
Independent Nature of Obligations and Rights. The obligations of each Lender under this Agreement are several and not joint with the obligations of the other Lender, and no Lender shall be responsible in any way for the performance or non-performance of the obligations of the other Lender under this Agreement. Nothing contained herein or in any related agreement, 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. Each Lender 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 Lender to be joined as an additional party in any proceeding for such purpose. Each Lender has been represented by its own separate legal counsel in its review and negotiation of this Agreement. It is expressly understood and agreed that each provision contained in this Agreement and in each other related agreement is between the Borrower and each Lender solely, and not between the Borrower and Lenders collectively and not between and among the Lenders.
Independent Nature of Obligations and Rights. The obligations of each Investor and 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 or non-performance of the obligations of any other Investor hereunder. Nothing contained herein and no action taken by any Investor 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 hereby.
Independent Nature of Obligations and Rights. The obligations of each Warrant Holder and hereunder are several and not joint with the obligations of any other Warrant Holder, and no Warrant Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Warrant Holder hereunder. Nothing contained herein and no action taken by any Warrant Holder hereto shall be deemed to constitute the Warrant Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Warrant Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated hereby.
Independent Nature of Obligations and Rights. The obligations of each Selling Shareholder hereunder are several and not joint with the obligations of any other Selling Shareholder hereunder, and no Selling Shareholder shall be responsible in any way for the performance of the obligations of any other Selling Shareholder hereunder. Nothing contained herein or in any other agreement or document delivered at any closing, and no action taken by any Selling Shareholder pursuant hereto or thereto, shall be deemed to constitute Selling Shareholder as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that a Selling Shareholder is in any way acting in concert with respect to such obligations or the transactions contemplated by this Agreement. Each Selling Shareholder shall be entitled to protect and enforce its rights, including without limitation the rights arising out of this Agreement, and it shall not be necessary for any other Selling Shareholder to be joined as an additional party in any proceeding for such purpose.
Independent Nature of Obligations and Rights. The obligations of each Note Holder and hereunder are several and not joint with the obligations of any other Note Holder, and no Note Holder shall be responsible in any way for the performance or non-performance of the obligations of any other Note Holder hereunder. Nothing contained herein and no action taken by any Note Holder hereto shall be deemed to constitute the Note Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Note Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated hereby. The Company and each Note Holder confirms that such Note Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. Each Note Holder shall be entitled to independently protect and enforce its rights under this Agreement and it shall not be necessary for any other Note Holder to be joined as an additional party in any proceeding for such purpose.
Independent Nature of Obligations and Rights. Nothing contained herein, and no action taken by the Buyer pursuant hereto, shall be deemed to constitute the Buyer and the Additional Buyer as, and the Company acknowledges, and the Buyer confirms, that the Buyer and Additional Buyer do not so constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Buyer and Additional Buyer are in any way acting in concert or as a group, and the Company will not assert any such claim with respect to such obligations or the transactions contemplated hereby and the Company acknowledges, and the Buyer confirms, that the Buyer and the Additional Buyer are not acting in concert or as a group with respect to such obligations or the transactions contemplated hereby. The Company acknowledges and the Buyer confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. The Buyer shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Amendment Agreement, and it shall not be necessary for any Additional Buyer to be joined as an additional party in any proceeding for such purpose.
