Common use of No Third Party Reliance Clause in Contracts

No Third Party Reliance. Anything contained herein to the contrary notwithstanding, the representations and warranties of the Company contained in this Agreement (a) are being given by the Company as an inducement to the Bridge Investors to enter into this Agreement and the other Transaction Documents (and the Company acknowledges that the Bridge Investors have expressly relied thereon) and (b) are solely for the benefit of the Bridge Investors. Accordingly, no third party (including, without limitation, any holder of capital stock of the Company) or anyone acting on behalf of any holder thereof other than the Bridge Investors, and each of them, shall be a third-party or other beneficiary of such representations and warranties and no such third party shall have any rights of contribution against the Bridge Investors or the Company with respect to such representations or warranties or any matter subject to or resulting in indemnification under this Agreement or otherwise, provided, however, that notwithstanding the foregoing, Advanced Equities, Inc. and its affiliates, including, without limitation, Advanced Equities Financial Corp. shall be deemed to be an intended third party beneficiary under this Agreement as if Advanced Equities, Inc. and its affiliates were Bridge Investors.

Appears in 3 contracts

Samples: Bridge Note and Warrant Purchase Agreement, Bridge Note and Warrant Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.), Bridge Note and Warrant Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)

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No Third Party Reliance. Anything contained herein to the contrary notwithstanding, the representations and warranties of the Company contained in this Agreement (a) are being given by the Company as an inducement to the Bridge Investors to enter into this Agreement and the other Transaction Documents (and the Company acknowledges that the Bridge Investors have expressly relied thereon) and (b) are solely for the benefit of the Bridge Investors. Accordingly, no third party (including, without limitation, any holder of capital stock of the Company) or anyone acting on behalf of any holder thereof other than the Bridge Investors, and each of them, shall be a third-party or other beneficiary of such representations and warranties and no such third party shall have any rights of contribution against the Bridge Investors or the Company with respect to such representations or warranties or any matter subject to or resulting in indemnification under this Agreement or otherwise, provided, however, that notwithstanding the foregoing, Advanced Equities, Inc. [Placement Agent] and its affiliates, including, without limitation, Advanced Equities Financial Corp. __________________ shall be deemed to be an intended third party beneficiary under this Agreement as if Advanced Equities, Inc. [Placement Agent] and its affiliates were Bridge Investors.

Appears in 1 contract

Samples: Bridge Note and Warrant Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)

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