Independent Nature of Obligations. The obligations of Purchaser under this Agreement or any document ancillary hereto (collectively, the "Transaction Documents") are several and not joint with the obligations of any other purchaser of Seller's Common Stock, and Purchaser shall not be responsible in any way for the performance of the obligations of any other purchaser under any Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by Purchaser or any other purchaser of Seller's Common Stock pursuant hereto or thereto, shall be deemed to constitute the Purchaser and such other purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that Purchaser and such other purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Purchaser confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Purchaser shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other Transaction Documents, and it shall not be necessary for any other purchaser to be joined as an additional party in any proceeding for such purpose. * * * * * [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Appears in 5 contracts
Samples: Stock Purchase and Registration Agreement (Valuevision Media Inc), Stock Purchase and Registration Agreement (Ge Capital Equity Investments Inc), Stock Purchase and Registration Agreement (Ge Capital Equity Investments Inc)
Independent Nature of Obligations. The obligations of Purchaser the Purchasers under this Agreement or any document ancillary hereto (collectively, the "Transaction Documents") are several and not joint with the obligations of any other purchaser of Seller's Common Stock, and Purchaser the Purchasers shall not be responsible in any way for the performance of the obligations of any other purchaser under any Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by Purchaser the Purchasers or any other purchaser of Seller's Common Stock pursuant hereto or thereto, shall be deemed to constitute the Purchaser Purchasers and such other purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that Purchaser the Purchasers and such other purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Purchaser confirms The Purchasers confirm that it has they have independently participated in the negotiation of the transaction contemplated hereby with the advice of its their own counsel and advisors. Purchaser The Purchasers shall be entitled to independently protect and enforce its their rights, including, without limitation, the rights arising out of this Agreement or out of any other Transaction Documents, and it shall not be necessary for any other purchaser to be joined as an additional party in any proceeding for such purpose. * * * * * [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]*
Appears in 1 contract
Samples: Stock Purchase and Registration Agreement (Ge Capital Equity Investments Inc)
Independent Nature of Obligations. The obligations of Purchaser each Holder under this Agreement or any document ancillary hereto (collectively, the "Transaction Documents") are several and not joint with the obligations of any other purchaser of Seller's Common StockHolder, and Purchaser no Holder shall not be responsible in any way for the performance of the obligations of any other purchaser Holder under any Transaction Documentthis Agreement. Nothing contained herein or in any other Transaction Documentherein, and no action taken by Purchaser or any other purchaser of Seller's Common Stock Holder pursuant hereto or theretohereto, shall be deemed to constitute the Purchaser and such other purchasers Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that Purchaser and such other purchasers the Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated hereby or any matters, and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documentsthis Agreement. Purchaser confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Purchaser Each Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other purchaser Holder to be joined as an additional party in any proceeding for such purpose. * * * * * [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]The use of a single agreement with respect to the obligations of the Company contained herein was solely in the control of the Company, not the action or decision of any Holder, and was done solely for the convenience of the Company and not because it was required or requested to do so by any Holder. It is expressly understood and agreed that each provision contained in this Agreement is between the Company and a Holder, solely, and not between the Company and the Holders collectively and not between and among Holders.
Appears in 1 contract
Independent Nature of Obligations. The obligations of Purchaser under this Agreement or any document ancillary hereto (collectively, the "Transaction Documents") are several and not joint with the obligations of any other purchaser of Seller's Common Stock, and Purchaser shall not be responsible in any way for the performance of the obligations of any other purchaser under any Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by Purchaser or any other purchaser of Seller's Common Stock pursuant hereto or thereto, shall be deemed to constitute the Purchaser and such other purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that Purchaser and such other purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Purchaser confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Purchaser shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other Transaction Documents, and it shall not be necessary for any other purchaser to be joined as an additional party in any proceeding for such purpose. * * * * * [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]*
Appears in 1 contract
Samples: Stock Purchase and Registration Agreement (Ge Capital Equity Investments Inc)
Independent Nature of Obligations. The obligations of Purchaser the Purchasers under this Agreement or any document ancillary hereto (collectively, the "Transaction Documents") are several and not joint with the obligations of any other purchaser of Seller's Common Stock, and Purchaser the Purchasers shall not be responsible in any way for the performance of the obligations of any other purchaser under any Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by Purchaser the Purchasers or any other purchaser of Seller's Common Stock pursuant hereto or thereto, shall be deemed to constitute the Purchaser Purchasers and such other purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that Purchaser the Purchasers and such other purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Purchaser confirms The Purchasers confirm that it has they have independently participated in the negotiation of the transaction contemplated hereby with the advice of its their own counsel and advisors. Purchaser The Purchasers shall be entitled to independently protect and enforce its their rights, including, without limitation, the rights arising out of this Agreement or out of any other Transaction Documents, and it shall not be necessary for any other purchaser to be joined as an additional party in any proceeding for such purpose. * * * * * [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Appears in 1 contract
Samples: Stock Purchase and Registration Agreement (Valuevision Media Inc)