Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 21 contracts

Samples: Securities Purchase Agreement (Leap Therapeutics, Inc.), Securities Purchase Agreement (Molecular Templates, Inc.), Securities Purchase Agreement (Molecular Templates, Inc.)

Appears in 18 contracts

Samples: Subscription Agreement (Anthera Pharmaceuticals Inc), Subscription Agreement (Cti Biopharma Corp), Stock Purchase Agreement (Carpenter Chad M.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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. Each Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 15 contracts

Samples: Securities Purchase Agreement (Lattice INC), Securities Purchase Agreement (GreenHunter Resources, Inc.), Securities Purchase Agreement (Anavex Life Sciences Corp.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereof or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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. Each Purchaser has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents.

Appears in 14 contracts

Samples: Securities Purchase Agreement (DarioHealth Corp.), Securities Purchase Agreement (OurCrowd Digital Health L.P.), Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be entitled to independently protect and enforce its ~~rights~~rights including, ~~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 Purchaser to be joined as an additional party in any proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents.

Appears in 12 contracts

Samples: Subscription Agreement (Rise Oil & Gas, Inc.), Securities Purchase Agreement (Towerstream Corp), Securities Purchase Agreement (Towerstream Corp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any ~~Transaction~~ Operative Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser under any ~~Transaction~~ Operative Document. Nothing contained herein or in any other ~~Transaction~~ Operative Document, and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the ~~Transaction~~ Operative Documents. Each Purchaser 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~~ Operative 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 failure or waiver of performance by any Purchaser does not excuse performance by any other Purchaser.

Appears in 11 contracts

Samples: Common Unit Purchase Agreement, Common Stock Subscription Agreement (NABUfit Global, Inc.), Securities Subscription Agreement (Lilis Energy, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be entitled to independently protect and enforce its ~~rights~~rights including, ~~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 Purchaser to be joined as an additional party in any proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 11 contracts

Samples: Securities Purchase Agreement (Neuralstem, Inc.), Securities Purchase Agreement (Genspera Inc), Securities Purchase Agreement (Genspera Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under this Agreement or any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser under this Agreement or any Transaction Document. Nothing contained herein or in any ~~other~~ Transaction Document, and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any the Transaction ~~Documents~~Document. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.

Appears in 10 contracts

Samples: Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 other Transaction Documents, and it shall not be necessary for any other Purchaser to be joined as an additional party in any ~~proceeding~~ Proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents.

Appears in 10 contracts

Samples: Securities Purchase Agreement (Jayud Global Logistics LTD), Securities Purchase Agreement (Sugarfina Corp), Securities Purchase Agreement (Marizyme Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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 Company has elected to provide all Purchasers 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 any of the Purchasers.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Revolutionary Concepts Inc), Securities Purchase Agreement (Revolutionary Concepts Inc), Securities Purchase Agreement (Comstock Mining Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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. Each Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Ibsg International Inc), Securities Purchase Agreement (Cyberdefender Corp), Securities Purchase Agreement (Etelos, Inc.)

Appears in 6 contracts

Samples: Securities Purchase Agreement (Aspen Group, Inc.), Securities Purchase Agreement (Aspen Group, Inc.), Securities Purchase Agreement (Pressure Biosciences Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant ~~thereto~~hereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Amicus Therapeutics, Inc.), Securities Purchase Agreement (Amicus Therapeutics, Inc.), Securities Purchase Agreement (Amicus Therapeutics, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be entitled to independently protect and enforce its ~~rights~~rights including, ~~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 Purchaser to be joined as an additional party in any ~~proceeding~~ Proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Guided Therapeutics Inc), Securities Purchase Agreement (BIT ORIGIN LTD), Warrant Purchase Agreement (Altisource Portfolio Solutions S.A.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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. Each Purchaser has been, or has had the opportunity to be, represented by its own separate legal counsel in its review and negotiation of the Transaction Documents.

Appears in 6 contracts

Samples: Securities Purchase Agreement (DarioHealth Corp.), Securities Purchase Agreement (DarioHealth Corp.), Securities Purchase Agreement (DarioHealth Corp.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the ~~performance or non-~~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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the 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. Each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose. The failure or waiver of performance by any Purchaser does not excuse performance by any other Purchaser.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Bristow Group Inc), Registration Rights Agreement (Earthstone Energy Inc), Redeemable Preferred Stock Purchase Agreement (Rosehill Resources Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Net TALK.COM, Inc.), Securities Purchase Agreement (Net TALK.COM, Inc.), Securities Purchase Agreement (Net TALK.COM, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of ~~each~~ the Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. ~~Each~~ The Purchaser 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 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 Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Beyond Commerce), Securities Purchase Agreement (Beyond Commerce), Securities Purchase Agreement (Omnireliant Holdings, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any ~~Transaction~~ Operative Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser under any ~~Transaction~~ Operative Document. Nothing contained herein or in any other ~~Transaction~~ Operative Document, and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the ~~Transaction~~ Operative Documents. Each Purchaser 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~~ Operative Documents, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 5 contracts

Samples: Share and Warrant Purchase Agreement (Globus Maritime LTD), Common Unit Purchase Agreement (Shell Midstream Partners, L.P.), Common Unit Purchase Agreement (Teekay Offshore Partners L.P.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Artistry Publications Inc), Securities Purchase Agreement (NMT Medical Inc), Securities Purchase Agreement (NMT Medical Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction ~~Document~~ Agreement are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-performance of the obligations of any other Purchaser under any Transaction ~~Document~~Agreement. Nothing contained herein or in any other Transaction ~~Document~~Agreement, and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~Agreements. Each Purchaser 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 other Transaction ~~Documents~~Agreements, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose. Each Purchaser has been advised to retain its own representation, including its own separate legal counsel, in their review and negotiation of the Transaction Agreements.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Authentidate Holding Corp), Securities Purchase Agreement (Authentidate Holding Corp), Securities Purchase Agreement (Authentidate Holding Corp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereof or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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. Each Purchaser has been represented, or has had the opportunity to be represented, by its own separate legal counsel in its review and negotiation of the Transaction Documents.

Appears in 4 contracts

Samples: Subscription Agreement (Cardax, Inc.), Subscription Agreement (Cardax, Inc.), Subscription Agreement (Cardax, Inc.)

Appears in 3 contracts

Samples: Securities Purchase Agreement (Softech Inc), Securities Put Agreement (Vendingdata Corp), Securities Put Agreement (Vendingdata Corp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereto or thereto, shall be he deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 other Transaction Documents, and it shall not be necessary for any other Purchaser to be he joined as an additional party in any proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Creative Medical Technology Holdings, Inc.), Securities Purchase Agreement (Creative Medical Technology Holdings, Inc.), Securities Purchase Agreement (Creative Medical Technology Holdings, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under ~~any Transaction Document~~ this Agreement are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser under ~~any Transaction Document~~this Agreement. Nothing contained ~~herein or in any other Transaction Document~~herein, and no action taken by any ~~Purchaser pursuant thereto~~Purchaser, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a group with respect to such obligations or the ~~transactions~~ transaction contemplated ~~by the Transaction Documents~~hereby. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this ~~Agreement or out of the other Transaction Documents~~Agreement, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Affymax Inc), Securities Purchase Agreement (ARYx Therapeutics, Inc.), Securities Purchase Agreement (Affymax Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be entitled to independently protect and enforce its ~~rights~~rights including, ~~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 Purchaser to be joined as an additional party in any proceeding for such purpose. The Company has elected to provide all Purchasers 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 any of the Purchasers.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Entremed Inc), Securities Purchase Agreement (Entremed Inc), Securities Purchase Agreement (Entremed Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Aligos Therapeutics, Inc.), Securities Purchase Agreement (Lilis Energy, Inc.), Subscription and Investment Agreement (Sorrento Therapeutics, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under ~~any Transaction Document~~ this Agreement are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the ~~performance~~ representations and warranties of, or ~~non-~~the performance of the obligations of any other Purchaser under ~~any Transaction Document~~this Agreement. Nothing contained herein ~~or in any other Transaction Document,~~ and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a ~~group~~ group, or are deemed affiliates (as such term is defined under the Exchange Act) with respect to such obligations or the transactions contemplated by ~~the Transaction Documents~~this Agreement. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this ~~Agreement or out of the other Transaction Documents~~Agreement, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 3 contracts

Samples: Securities Purchase Agreement (EPIX Pharmaceuticals, Inc.), Securities Purchase Agreement (Alexza Pharmaceuticals Inc.), Securities Purchase Agreement Signature Page (Euronet Worldwide Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of ~~each~~ the Purchaser under ~~any Transaction Document~~ this Agreement are several and not joint with the obligations of ~~any other Purchaser~~the Other Purchasers, and no the Purchaser shall not be responsible in any way for the performance ~~or non-performance~~ of the obligations of ~~any other Purchaser~~ the Other Purchasers under ~~any Transaction Document~~the Other Purchase Agreements. Nothing contained ~~herein or in any other Transaction Document~~herein, and no action taken by ~~any~~ the Purchaser pursuant ~~thereto~~hereto or the Other Purchasers pursuant to the Other Purchase Agreements, shall be deemed to constitute ~~the Purchasers as~~ a partnership, an association, a joint venture or any other kind of ~~entity~~entity among the Purchaser and the Other Purchasers, or create a presumption that the Purchaser and the Other Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or the ~~Transaction Documents~~Other Purchase Agreements. ~~Each~~ The Purchaser 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~~Agreement, and it shall not be necessary for ~~any other Purchaser~~ the Other Purchasers to be joined as an additional party in any proceeding for such purpose.

Appears in 3 contracts

Samples: Registration Rights Agreement (Comscore, Inc.), Registration Rights Agreement (Comscore, Inc.), Registration Rights Agreement (Comscore, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser ~~under any Transaction Document~~ hereunder are several and not joint with the obligations of ~~any~~ the other ~~Purchaser~~Purchasers hereunder, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser ~~under any Transaction Document~~hereunder. Nothing contained herein or in any other ~~Transaction Document~~agreement or document delivered at the Closing, and no action taken by any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~this Agreement. Each Purchaser shall be entitled to ~~independently~~ protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of the Certificate, this Agreement or out of the 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.

Appears in 2 contracts

Samples: Purchase Agreement (Igen International Inc /De), Purchase Agreement (White Rock Capital Management Lp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 Purchaser to be joined as an additional party in any ~~proceeding~~ Proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 2 contracts

Samples: Securities Purchase Agreement (usell.com, Inc.), Stock Purchase Agreement (Aspen Group, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The -------------------------------------------------------- obligations of each Purchaser ~~under any Transaction Document are~~ hereunder is several and not joint with the obligations of ~~any~~ the other ~~Purchaser~~Purchasers hereunder, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser ~~under any Transaction Document~~hereunder. Nothing contained herein or in any other ~~Transaction Document~~agreement or document delivered at any closing, and no action taken by any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~this Agreement. Each Purchaser shall be entitled to ~~independently~~ protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the ~~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.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Satcon Technology Corp), Securities Purchase Agreement (Agribiotech Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~Document. Each Purchaser 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 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. Each Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Cambridge Heart Inc), Purchase Agreement (Cambridge Heart Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser ~~under any Transaction Document are~~ hereunder is several and not joint with the obligations of any other ~~Purchaser~~Purchaser hereunder, and no neither Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser ~~under any Transaction Document~~hereunder. Nothing contained herein or in any other ~~Transaction Document~~agreement or document delivered at any closing, and no action taken by any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~this Agreement. Each Purchaser shall be entitled to ~~independently~~ protect and enforce its rights, ~~including~~ including, without limitation, the rights arising out of this ~~Agreement~~ letter or out of the ~~other~~ either the First Additional Transaction Documents or the Second Additional Transaction Documents, if any, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Viisage Technology Inc), Securities Purchase Agreement (Fidelity Holdings Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the 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. Each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 2 contracts

Samples: Share Purchase Agreement (Tefron LTD), Share Purchase Agreement (Lieberman Martin)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or ~~non-~~non- 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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose.. 6.15

Appears in 2 contracts

Samples: 3 Subscription Agreement (Elicio Therapeutics, Inc.), Subscription Agreement (Elicio Therapeutics, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or ~~non-~~non- 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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose.. 6.16

Appears in 2 contracts

Samples: Securities Purchase Agreement (Genocea Biosciences, Inc.), Subscription Agreement (Genocea Biosciences, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The -------------------------------------------------------- obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~Document. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOR PURCHASER FOLLOWS]

Appears in 2 contracts

Samples: Securities Purchase Agreement (Act Teleconferencing Inc), Securities Purchase Agreement (Storage Computer Corp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. ~~Each~~ Except as otherwise set forth herein, each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Itamar Medical Ltd.), Securities Purchase Agreement (Itamar Medical Ltd.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction ~~Document~~ Agreement are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-performance of the obligations of any other Purchaser under any Transaction ~~Document~~Agreement. Nothing contained herein or in any other Transaction ~~Document~~Agreement, and no action taken by any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~Agreements. Each Purchaser 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 other Transaction ~~Documents~~Agreements, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in its review and negotiation of the Transaction Agreements.

Appears in 2 contracts

Samples: Note Purchase Agreement (Authentidate Holding Corp), Note Purchase Agreement (Authentidate Holding Corp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. ~~Each~~ Subject to Section 5.4, each Purchaser 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 Purchaser to be joined as an additional party in any ~~proceeding~~ Proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Pressure Biosciences Inc), Securities Purchase Agreement (Pressure Biosciences Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under ~~any Transaction Document~~ this Agreement are several and not joint with the obligations of ~~any~~ each other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser under ~~any Transaction Document~~this Agreement. Nothing contained herein or in any ~~other~~ Transaction Document, and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by ~~the~~ this Agreement or any other Transaction ~~Documents~~Document. Each Purchaser acknowledges that no other Purchaser will be acting as agent of such Purchaser in enforcing its rights under this Agreement. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this ~~Agreement or out of the other Transaction Documents~~Agreement, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 2 contracts

Samples: Registration Rights Agreement (Harbin Electric, Inc), Registration Rights Agreement (Georesources Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under ~~any~~ this Agreement and other Transaction ~~Document~~ Documents are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-performance of the obligations of any other Purchaser under this Agreement or any Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by ~~the~~ this Agreement and other Transaction Documents. Each Purchaser shall be entitled to independently protect and enforce its ~~rights~~rights including, ~~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 Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 1 contract

Samples: Stock Purchase Agreement (Endocare Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~Document. ~~Each~~ Except as otherwise set forth herein, each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 1 contract

Samples: Securities Purchase Agreement (Attunity LTD)

Appears in 1 contract

Samples: Securities Purchase Agreement (Lehman Brothers Holdings Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereof or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vivos Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of ~~each~~ Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, if any, and no Purchaser shall be responsible in any way for the ~~performance or non-~~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 ~~any~~ Purchaser pursuant thereto, shall be deemed to constitute the ~~Purchasers~~ Purchasers, if more than one, as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~Document. ~~Each~~ Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Brillian Corp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the ~~performance or non-~~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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the 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. Each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose. The failure or waiver of performance by any Purchaser does not excuse performance by any other Purchaser.

Appears in 1 contract

Samples: Note Purchase Agreement (SYNERGY RESOURCES Corp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under this Agreement or any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser under this Agreement or any Transaction Document. Nothing contained herein or in any ~~other Transaction~~ TRANSACTION Document, and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any the Transaction ~~Documents~~Document. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Level 8 Systems Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 Purchaser to be joined as an additional party in any ~~proceeding~~ Action for such purpose. Each Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Sport Endurance, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be entitled to independently protect and enforce its ~~rights~~rights including, ~~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 Purchaser to be joined as an additional party in any ~~proceeding~~ Proceeding for such purpose.. Each Purchaser has been represented by its own separate legal counsel in its review and negotiation of the Transaction 226972020 v12

Appears in 1 contract

Samples: Securities Purchase Agreement (ARCA Biopharma, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of ~~each~~ the Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no the Purchaser shall be responsible in any way for the performance or non-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 ~~any~~ the Purchaser pursuant thereto, shall be deemed to constitute the ~~Purchasers~~ Purchaser as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the ~~Purchasers~~ Purchaser 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~~ The Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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 Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Enable Holdings, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The -------------------------------------------------------- obligations of each Purchaser ~~under any Transaction Document are~~ hereunder is several and not joint with the obligations of ~~any~~ the other ~~Purchaser~~Purchaser hereunder, and no neither Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of ~~any~~ the other Purchaser ~~under any Transaction Document~~hereunder. Nothing contained herein or in any other ~~Transaction Document~~agreement or document delivered at any closing, and no action taken by any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~this Agreement. Each Purchaser shall be entitled to ~~independently~~ protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the other Transaction Documents, and it shall not be necessary for ~~any~~ the other Purchaser to be joined as an additional party in any proceeding for such purpose.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOWS]

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Sonic Foundry Inc)

Appears in 1 contract

Samples: Stock Purchase Agreement (Fuse Medical, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. ~~The obligations~~ Anything herein to the contrary notwithstanding, the representations, warranties, covenants and agreements of each Purchaser under ~~any Transaction Document~~ this Agreement are several and not joint with the ~~obligations~~ representations, warranties, covenants and agreements of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser under ~~any Transaction Document~~this Agreement. Nothing contained herein ~~or in any other Transaction Document,~~ and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a ~~group~~ group, or are deemed Affiliates with respect to such obligations or the transactions contemplated by ~~the Transaction Documents~~this Agreement. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this ~~Agreement or out of the other Transaction Documents~~Agreement, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose.. [Signature Page Follows]

Appears in 1 contract

Samples: Securities Purchase Agreement (Mannkind Corp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be entitled to independently protect and enforce its ~~rights~~rights including, ~~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 Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 1 contract

Samples: Securities Purchase Agreement (Emisphere Technologies Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under ~~any Transaction Document~~ this Agreement are several and not joint with ~~the~~ obligations of ~~any~~ each other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser under ~~any Transaction Document~~this Agreement. Nothing contained herein or in any ~~other Transaction Document~~ancillary document, and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~Agreement. Each Purchaser acknowledges that no other Purchaser will be acting as agent of such Purchaser in enforcing its rights under this Agreement. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this ~~Agreement or out of the other Transaction Documents~~Purchaser, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 1 contract

Samples: Securities Purchase Agreement (Solta Medical Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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. Each Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents. The Company has been represented by SLG. SLG does not represent any of the Purchasers.

Appears in 1 contract

Samples: Securities Purchase Agreement (Innovative Card Technologies Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. ~~Each~~ Except as otherwise set forth herein, each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose.. EXECUTION COPY

Appears in 1 contract

Samples: Securities Purchase Agreement (Itamar Medical Ltd.)

Independent Nature of Purchasers’ Obligations and Rights. The -------------------------------------------------------------- obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Electric Fuel Corp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser ~~under any Transaction Document~~ hereunder are several and not joint with the obligations of ~~any~~ the other ~~Purchaser~~Purchasers hereunder, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser ~~under any Transaction Document~~hereunder. Nothing contained herein or in any other ~~Transaction Document~~agreement or document delivered herewith, and no action taken by any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the ~~Purchasers~~ Purchaser are in any way acting in concert ~~or as a group~~ with respect to such obligations or the transactions contemplated by ~~the Transaction Documents~~this Agreement. Each Purchaser shall be entitled to ~~independently~~ protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of the Certificate of Designation, this Agreement or ~~out of~~ the 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Toreador Resources Corp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or ~~non-~~non 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 any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cardiff International Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 1 contract

Samples: Securities Purchase Agreement (COMPASS Pathways PLC)

Independent Nature of Purchasers’ Obligations and Rights. The -------------------------------------------------------- obligations of each Purchaser ~~under any Transaction Document~~ hereunder are several and not joint with the obligations of ~~any~~ the other ~~Purchaser~~Purchasers hereunder, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser ~~under any Transaction Document~~hereunder. Nothing contained herein or in any other ~~Transaction Document~~agreement or document delivered at each Closing, and no action taken by any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~this Agreement. Each Purchaser shall be entitled to ~~independently~~ protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Interactive Entertainment LTD)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereof or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be ~~entitled~~ entitled, at its own expense, to independently protect and enforce its ~~rights~~rights including, ~~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 Purchaser to be joined as an additional party in any proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Palatin Technologies Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser ~~under any Transaction Document are~~ hereunder is several and not joint with the obligations of ~~any~~ the other ~~Purchaser~~Purchaser hereunder, and no neither Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of ~~any~~ the other Purchaser ~~under any Transaction Document~~hereunder. Nothing contained herein or in any other ~~Transaction Document~~agreement or document delivered at the Additional Closing, and no action taken by any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~this letter. Each Purchaser shall be entitled to ~~independently~~ protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this ~~Agreement~~ letter or out of the ~~other~~ Additional Transaction Documents, and it shall not be necessary for ~~any~~ the other Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Forest Glade International Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the ~~Purchasers~~ Purchaser as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the ~~Purchasers~~ Purchaser 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 Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.

Appears in 1 contract

Samples: Contribution Agreement (Net TALK.COM, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each ~~Purchaser~~ Purchasers under any Transaction ~~Document~~ Documents are several and not joint with the obligations of any other ~~Purchaser~~Purchasers, and no ~~Purchaser~~ Purchasers shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other ~~Purchaser~~ Purchasers under any Transaction ~~Document~~Documents. Nothing contained herein or in any ~~other~~ Transaction ~~Document~~Documents, and no action taken by any ~~Purchaser~~ Purchasers pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 ~~Purchaser~~ Purchasers to be joined as an additional party in any proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 1 contract

Samples: Stock Purchase Agreement (Eclips Energy Technologies, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The -------------------------------------------------------- obligations of each Purchaser under any Transaction Document ~~are~~ is several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~Document. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pacific Aerospace & Electronics Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be entitled to independently protect and enforce its ~~rights~~rights including, ~~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 Purchaser to be joined as an additional party in any proceeding for such purpose. Each Purchaser has had the opportunity to be represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Recovery Energy, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The ------------------------------------------------------------ obligations of each Purchaser ~~under any Transaction Document~~ hereunder are several and not joint with the obligations of ~~any~~ the other ~~Purchaser~~Purchasers hereunder, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser ~~under any Transaction Document~~hereunder. Nothing contained herein or in any other ~~Transaction Document~~agreement or document delivered at any closing, and no action taken by any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~this Agreement. Each Purchaser shall be entitled to ~~independently~~ protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Soros Fund Management LLC)

Independent Nature of Purchasers’ Obligations and Rights. ~~The~~ Except to the extent set forth therein, the obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Allora Minerals, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser ~~under any Transaction Document are~~ hereunder is several and not joint with the obligations of any other ~~Purchaser~~Purchaser hereunder, and no neither Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser ~~under any Transaction Document~~hereunder. Nothing contained herein or in any other ~~Transaction Document~~agreement or document delivered at any closing, and no action taken by any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~this Agreement. Each Purchaser shall be entitled to ~~independently~~ protect and enforce its rights, ~~including~~ including, without limitation, the rights arising out of this ~~Agreement~~ letter or out of the ~~other~~ Additional Transaction Documents, if any, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 1 contract

Samples: Securities Purchase Agreement (Safescience Inc)

Independent Nature of Purchasers’ Obligations and Rights. The respective representations, warranties and obligations of each Purchaser under ~~any~~ the Transaction ~~Document~~ Agreements are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the ~~performance~~ representations and warranties or ~~non-~~the performance of the obligations of any other Purchaser under any Transaction ~~Document~~Agreement. Nothing contained ~~herein or~~ in any ~~other~~ Transaction ~~Document~~Agreement, and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~Agreements. Each Purchaser 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~~Registration Rights Agreement, and it shall not be necessary for any other Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 1 contract

Samples: Registration Rights Agreement (Genesis Energy Lp)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser shall be entitled independently 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 Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 1 contract

Samples: Securities Purchase Agreement (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. Each Purchaser 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 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. Each Purchaser acknowledges and agrees that it has had the opportunity to consult with counsel in connection with the transactions contemplated by this Agreement prior to entering into this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (DarioHealth Corp.)

Appears in 1 contract

Samples: Securities Purchase Agreement (American Technology Corp /De/)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other ~~Purchaser,~~ Purchaser and no Purchaser shall be responsible in any way for the ~~performance or non-~~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 any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~Document. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Macrochem Corp)

Independent Nature of Purchasers’ Obligations and Rights. The respective obligations of each Purchaser under ~~any Transaction Document~~ this Agreement are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser under this Agreement. The failure or waiver of performance under this Agreement by any ~~Transaction Document~~Purchaser, or on its behalf, does not excuse performance by any other Purchaser. Nothing contained herein ~~or in any other Transaction Document,~~ and no action taken by any Purchaser pursuant ~~thereto~~hereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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~~this Agreement. Each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose.

Appears in 1 contract

Samples: Exchange Agreement (Firsthand Technology Value Fund, Inc.)

Independent Nature of Purchasers’ Obligations and Rights. The -------------------------------------------------------- obligations of each Purchaser under this Agreement or any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance ~~or non-performance~~ of the obligations of any other Purchaser under this Agreement or any Transaction Document. Nothing contained herein or in any ~~other~~ Transaction Document, and no action taken by any Purchaser pursuant thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or any the Transaction ~~Documents~~Document. Each Purchaser shall be entitled to independently protect and enforce its rights, including without ~~limitation,~~ limitation the rights arising out of this Agreement or out of the 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Level 8 Systems Inc)

Independent Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-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 any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the 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. , Each Purchaser 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 other Transaction Documents, and it shall not be ~~necessary~~ necessary' for any other Purchaser to be joined as an additional party in any proceeding for such purpose. Each Purchaser has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Y.D. More Investments LTD)

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