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

Independent Nature of Stockholders’ Obligations and Rights. The obligations of each Stockholder under this Agreement are several and not joint with the obligations of any other Stockholder, and a Stockholder shall not be responsible in any way for the performance of the obligations of any other Stockholder under this Agreement. Nothing contained herein, and no action taken by a Stockholder pursuant hereto shall be deemed to constitute a partnership, an association, a joint venture or any other kind of entity between the Stockholder and the other Stockholders, or create a presumption that the Stockholder and the other Stockholder(s) are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Stockholder shall be entitled to independently protect and enforce its rights, including the rights arising out of this Agreement or the Certificate of Designation, and it shall not be necessary for the other Stockholders to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Stockholders’ Obligations and Rights. The obligations of each Stockholder under this Agreement hereunder are several and not joint with the obligations of any other StockholderStockholder hereunder, and a no Stockholder shall not be responsible in any way for the performance of the obligations of any other Stockholder under this Agreementhereunder. Nothing contained hereinherein or in any other agreement or document delivered at any closing, and no action taken by a any Stockholder pursuant hereto or thereto, shall be deemed to constitute the Stockholders as a partnership, an association, a joint venture or any other kind of entity between the Stockholder and the other Stockholdersentity, or create a presumption that the Stockholder and the other Stockholder(s) Stockholders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Stockholder shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement or the Certificate of DesignationAgreement, and it shall not be necessary for the any other Stockholders Stockholder to be joined as an additional party in any proceeding for such purpose.. *************************

Independent Nature of Stockholders’ Obligations and Rights. The obligations of each Stockholder under this Agreement are several and not joint with the obligations of any other Stockholder, and a Stockholder shall not be responsible in any way for the performance of the obligations of any other Stockholder under this Agreement. Nothing contained herein, and no action taken by a Stockholder pursuant hereto shall be deemed to constitute a partnership, an association, a joint venture or any other kind of entity between the Stockholder and the other Stockholders, or create a presumption that the Stockholder and the other Stockholder(s) are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Stockholder shall be entitled to independently protect and enforce its rights, including the rights arising out of this Agreement or the Certificate of DesignationDesignations, and it shall not be necessary for the other Stockholders to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Stockholders’ Obligations and Rights. The obligations of each Stockholder under this Agreement are several and not joint with the obligations of any other Stockholder, and a no Stockholder shall not be responsible in any way for the performance of the obligations of any other Stockholder under this Agreement. Nothing contained hereinherein or in any Transaction Document, and no action taken by a Stockholder any party hereto pursuant hereto thereto, shall be deemed to constitute any Stockholder as a partnership, an association, a joint venture or any other kind of entity between the Stockholder and the with any other StockholdersStockholder, or create a presumption that the Stockholder and the other Stockholder(s) Stockholders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreementthe Transaction Documents. Each Stockholder shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement or out of the Certificate of Designationother Transaction Documents, and it shall not be necessary for the any other Stockholders Stockholder to be joined as an additional party in any proceeding for such purpose. Each Stockholder has been represented by its own separate legal counsel in their review and negotiation of the Transaction Documents.