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 hereunder are several and not joint with the obligations of any other Stockholder hereunder, and no Stockholder shall be responsible in any way for the performance of the obligations of any other Stockholder hereunder. Nothing contained herein or in any other agreement or document delivered at any closing, and no action taken by 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 group or entity, or create a presumption that the Stockholders are in any way acting in concert with respect to such obligations or the transactions contemplated by the Agreement. Each Stockholder shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of the Agreement, and it shall not be necessary for any other 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 Agreement. The Company has elected to provide all Stockholders with the same terms herein for the convenience of the Company and not because it was required or requested to do so by the Stockholders.

Appears in 3 contracts

Samples: Registration Rights Agreement (Grill Concepts Inc), Registration Rights Agreement (Eaturna LLC), Registration Rights Agreement (Mathewson Charles N)

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Independent Nature of Stockholders’ Obligations and Rights. The obligations of each Stockholder hereunder under this Agreement are several and not joint with the obligations of any other Stockholder hereunder, and no Stockholder shall be responsible in any way for the performance of the obligations of any other Stockholder hereunder. Nothing contained herein or in any other agreement or document delivered at any closing, and no action taken by 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 group or entity, or create a presumption that the Stockholders are in any way acting in concert with respect to such obligations or the transactions contemplated by the this Agreement. Each Stockholder shall be entitled to independently protect and enforce its rights, including including, without limitation limitation, the rights arising out of the this Agreement, and it shall not be necessary for any other Stockholder to be joined as an additional party in any proceeding Proceeding for such purpose. Each Stockholder has been represented by its own separate legal counsel in their review and negotiation of the Agreement. The Company has elected to provide all Stockholders with the same terms herein for the convenience of the Company and not because it was required or requested to do so by the Stockholders.

Appears in 1 contract

Samples: Registration Rights Agreement (Rehabcare Group Inc)

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