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

Independent Nature of Subscribers’ Obligations and Rights. The obligations of each Subscriber under this Agreement are several and not joint with the obligations of any other Subscriber, and no Subscriber shall be responsible in any way for the performance of the obligations of any other Subscriber under this Agreement. The decision of each Subscriber to purchase Securities pursuant to this Agreement has been made by such Subscriber independently of any other Subscriber. Nothing contained herein, and no action taken by any Subscriber pursuant thereto, shall be deemed to constitute the Subscribers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Subscribers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated herein. Each Subscriber acknowledges that no other Subscriber has acted as agent for such Subscriber in connection with making its investment hereunder and that no Subscriber will be acting as agent of such Subscriber in connection with monitoring its investment in the Securities or enforcing its rights under this Agreement. Each Subscriber shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement, and it shall not be necessary for any other Subscriber to be joined as an additional party in any proceeding for such purpose. The Company acknowledges that each of the Subscribers has been provided with this same Agreement for the purpose of closing a transaction with multiple Subscribers and not because it was required or requested to do so by any Subscriber.

Appears in 3 contracts

Samples: Subscription Agreement (Healthcare Providers Direct Inc.), Subscription Agreement (National Investment Managers Inc.), Subscription Agreement (National Investment Managers Inc.)

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Independent Nature of Subscribers’ Obligations and Rights. The obligations of each the Subscriber under this Agreement are is several and not joint with the obligations of any Other Subscriber under any other SubscriberAgreement, and no the Subscriber shall not be responsible in any way for the performance of the obligations of any other Other Subscriber under this Agreementany of the Agreements. The decision of each the Subscriber to purchase Securities Shares pursuant to this Agreement has been made by such Subscriber independently of any other Other Subscriber. Nothing contained hereinherein or in any of the other Agreements, and no action taken by any Subscriber pursuant thereto, shall be deemed to constitute the Subscribers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Subscribers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated hereinby the Agreements. Each The Subscriber acknowledges that no other Other Subscriber has acted as agent for such Subscriber in connection with making its investment hereunder and that no Other Subscriber will be acting as agent of such the Subscriber in connection with monitoring its investment in the Securities Shares or enforcing its rights under this Agreement. Each The Subscriber shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement, and it shall not be necessary for any other Subscriber to be joined as an additional party in any proceeding for such purpose. The Company acknowledges that each of the Subscribers has been provided with this same Agreement for the purpose of closing a transaction with multiple Subscribers and not because it was required or requested to do so by any Subscriber.

Appears in 1 contract

Samples: Subscription Agreement (GMX Resources Inc)

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Independent Nature of Subscribers’ Obligations and Rights. The obligations of each Subscriber under this Agreement are several and not joint with the obligations of any other Subscriber, and no Subscriber shall be responsible in any way for the performance of the obligations of any other Subscriber under this Agreement. The decision of each Subscriber to purchase Securities Shares pursuant to this Agreement has been made by such Subscriber independently of any other Subscriber. Nothing contained herein, and no action taken by any Subscriber pursuant thereto, shall be deemed to constitute the Subscribers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Subscribers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated herein. Each Subscriber acknowledges that no other Subscriber has acted as agent for such Subscriber in connection with making its investment hereunder and that no Subscriber will be acting as agent of such Subscriber in connection with monitoring its investment in the Securities Shares or enforcing its rights under this Agreement. Each Subscriber shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement, and it shall not be necessary for any other Subscriber to be joined as an additional party in any proceeding for such purpose. The Company acknowledges that each of the Subscribers has been provided with this same Agreement for the purpose of closing a transaction with multiple Subscribers and not because it was required or requested to do so by any Subscriber.

Appears in 1 contract

Samples: Subscription Agreement (National Investment Managers Inc.)

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