Obligations of Purchasers. The Company acknowledges that the obligations of each Purchaser under 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 of the obligations of any other Purchaser under this Agreement. The decision of each Purchaser to enter into to this Agreement has been made by such Purchaser independently of any other Purchaser. The Company further acknowledges that nothing contained in this Agreement, and no action taken by any Purchaser pursuant 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 hereby. Each Purchaser 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 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 this Agreement and with respect to the transactions contemplated hereby. For reasons of administrative convenience only, this Agreement has been prepared by Special Counsel (counsel for SCO Capital Partners LLC) and the Special Counsel will perform certain duties under this Agreement. Such counsel does not represent all of the Purchasers but only SCO Capital Partners LLC. The Company has elected to provide all Purchasers with the same terms and Agreement for the convenience of the Company and not because it was required or requested to do so by the Purchasers. The Company acknowledges that such procedure with respect to this Agreement in no way creates a presumption that the Purchasers are in any way acting in concert or as a group with respect to this Agreement or the transactions contemplated hereby or thereby.
Obligations of Purchasers. The Company acknowledges that the obligations of each Purchaser under 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 of the obligations of any other Purchaser under this Agreement. The decision of each Purchaser to enter into to this Agreement has been made by such Purchaser independently of any other Purchaser. The Company further acknowledges that nothing contained in this Agreement, and no action taken by any Purchaser pursuant 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 hereby. Each Purchaser 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 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 this Agreement and with respect to the transactions contemplated hereby. The Company acknowledges that such procedure with respect to this Agreement in no way creates a presumption that the Purchasers are in any way acting in concert or as a group with respect to this Agreement or the transactions contemplated hereby or thereby.
Obligations of Purchasers. The Company acknowledges that the obligations of each Purchaser under 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 of the obligations of any other Purchaser under this Agreement. The decision of each Purchaser to enter into to this Agreement has been made by such Purchaser independently of any other
Obligations of Purchasers. Further to and without prejudice to all other obligations and stipulations of the Purchaser as contained in this Agreement, the obligations of the Purchasers for the purposes of this agreement are as follows:
6.1 That the Purchasers shall not do any act deed or thing whereby the construction of the said Unit in anyway hindered or impeded nor shall in any way commit breach of any terms and conditions herein contained.
6.2 That, if, for any neglect or default on the part of the Purchasers, the construction of the said Unit, or any part thereof is in any way hindered or impeded the Purchasers shall be liable to pay damages therefore or for any reason whatsoever.
6.3 That the Purchasers shall be liable to bear and pay proportionate municipal rates and taxes in respect of the undivided proportionate share in the said Land and the said Unit from the date of taking possession of the said Unit and/or registration of Deed of Conveyance, whichever is earlier irrespective of whether the said Unit is separately assessed to such rates and taxes or all the Units in the Oxford DEVAA are jointly assessed.
6.4 That the Purchasers shall be entitled to take possession of the said Unit only upon paying in full all dues mentioned in Seventh Schedule and Eighth Schedule and any other amount due and/or payable by him and as from the day the final instalment of consideration falls due and the Purchaser fails to pay the same then the Purchasers after expiry of 15 days from the due date of the Final instalment shall become liable to pay the common expenses for the items mentioned in the Sixth Schedule hereunder written. The Owners and Developers shall however offer the Unit for occupation by the Purchasers only after obtaining full payment of the consideration amount from the Purchasers, and any other amount due and payable under the agreement.
6.5 That the Purchasers shall after taking over possession of the Unit undertakes to abide by all the rules and regulations as may be framed by the Association or the Holding Organization and pay to the Association so formed for the maintenance of the common portions and the premises, pay regularly on the 7th day of every month to the Association the proportionate share of common expenses and outgoings as mentioned in the Sixth Schedule hereunder.
6.6 The Purchasers shall not have any right, title, interest, claim or demand whatsoever or howsoever over and in respect of the other portions of the said Land excepting the Undivided Proportionat...
Obligations of Purchasers. The Company acknowledges that the obligations of each Purchaser under 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 of the obligations of any other Purchaser under this Agreement. The decision of each Purchaser to enter into to this Agreement has been made by such Purchaser independently of any other Purchaser. The Company further acknowledges that nothing contained in this Agreement, and no action taken by any Purchaser pursuant 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 hereby. Each Purchaser 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 Purchaser to be joined as an additional party in any proceeding for such purpose.
Obligations of Purchasers. Following the filing of the Registration Statement and during any period that the Registration Statement is effective, each Purchaser shall:
(a) not effect any stabilization transactions or engage in any stabilization activity in connection with the Company's Common Stock in contravention of Regulation M under the Securities Exchange Act of 1934, as amended (the "Exchange Act");
(b) furnish each broker through whom any Purchaser offers Registrable Stock such number of copies of the Prospectus as the broker may require and otherwise comply with prospectus delivery requirements under the Securities Act;
(c) not (and shall not permit any "affiliated purchaser" (as defined in Rule 100(b)(1) of Regulation M under the Exchange Act) to) bid for or purchase for any account in which any Purchaser has a beneficial interest, or attempt to induce any other person to purchase, any Company Common Stock in contravention of Regulation M under the Exchange Act;
(d) cooperate with the Company as the Company fulfills its obligations under Section 1(d) hereof;
(e) furnish such information concerning such Purchaser as the Company may from time to time reasonably request;
(f) sell Registrable Stock only in privately negotiated transactions or Brokers' Transactions; and
(g) not sell under the Registration Statement during any period after the Company has provided notice to such Purchaser pursuant to Section 1(e)(iv) above and until the Company provides to such Purchaser notice that the Registration Statement no longer fails to state a material fact required to be stated therein, misstates a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made not misleading.
Obligations of Purchasers. The Purchasers shall furnish to the Company such information regarding such Purchasers, the number of Registrable Securities owned and proposed to be sold by them, the intended method of disposition of such securities and any other information as shall be required to effect the registration of the Registrable Securities, and cooperate with the Company in preparing the Registration Statement and in complying with the requirements of the Securities Act.
Obligations of Purchasers. The rights and obligations and liability of each of the Purchasers under this Agreement are several and not joint. Each Purchaser shall be entitled to enforce its rights under this Agreement only with respect to the Mortgage Loans purchased by such Purchaser hereunder. No Purchaser shall be responsible for the obligations of any other Purchaser under this Agreement.
Obligations of Purchasers. Each Advance shall be made by the Purchasers ratably in accordance with their Applicable Percentages of the Advance Amount relating thereto and shall be evidenced by their respective Global Notes. The failure of any Purchaser to make any Advance required to be made by it shall not relieve any other Purchaser of its obligations hereunder; provided that all obligations of the Purchasers hereunder are several and no Purchaser shall be responsible for any other Purchaser’s failure to make Advances or take any other action as required hereunder.
Obligations of Purchasers. All obligations of the Purchasers under this Agreement shall be joint and several.
