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

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 of the Holder Holders and the Other Holders under this and any other exchange agreements Transaction Documents are several and not joint with the obligations of any other such Person, and the no Holder shall not be responsible in any way for the performance of the obligations of the other Holder or any Other Holder under any of the Transaction Documents. Nothing contained hereinherein or in any other Transaction Document, and no action taken by any of the Holder and Holders or any of the Other Holders pursuant hereto or thereto, shall be deemed to constitute the any Holder and any of 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 herebyby the Transaction Documents, 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 herebyby the Transaction Documents. Each of the Holder Holders and the Other Holders shall be entitled to independently protect and enforce its rights, including, without limitation, including the rights arising out of this AgreementAgreement or out of any other Transaction Document, 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 of the Holder Holders and the Other Holders under this and any other exchange agreements Transaction Documents 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 hereinherein or in any other Transaction Document, and no action taken by any of the Holder and Holders or any of the Other Holders pursuant hereto or thereto, shall be deemed to constitute the Holder Holders and any of 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 herebyby the Transaction Documents, 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 herebyby the Transaction Documents. Each of the Holder Holders and the Other Holders shall be entitled to independently protect and enforce its rights, including, without limitation, including the rights arising out of this AgreementAgreement or out of any other Transaction Document, 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 of the Holder and the Other Holders under this and any other exchange agreements Transaction Documents 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 hereinherein or in any other Transaction Document, 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 herebyby the Transaction Documents, 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 herebyby the Transaction Documents. 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 AgreementAgreement or out of any other Transaction Document, and it shall not be necessary for any other Person to be joined as an additional party in any proceeding for such purpose.