Several Undertakings. Nothing contained herein, in any other Forward Purchase Agreement or Subscription Agreement, or in the Business Combination Agreement, and no action taken by Counterparty, any Purchaser, any other investor or the Company pursuant hereto or thereto, shall be deemed to constitute any of Counterparty, any other Purchaser, the other investors, or the Company as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that Counterparty, any Purchaser, the other investors or the Company are in any way acting in concert or as a group (including any group acting for the purpose of acquiring, holding or disposing of equity securities of the Company (within the meaning of Rule 13d-5(b)(1) under the Exchange Act)) with respect to such obligations or the transactions contemplated by this Agreement, any other Forward Purchase Agreement or Subscription Agreement, or the Business Combination Agreement.
Appears in 2 contracts
Samples: Forward Purchase Agreement (Northern Genesis Acquisition Corp. III), Forward Purchase Agreement (Northern Genesis Acquisition Corp. II)
Several Undertakings. Nothing contained herein, in any other Forward Purchase Agreement or Subscription Agreement, or in the Business Combination Agreement, and no action taken by CounterpartyNGC, any Purchaser, any other investor or the Company pursuant hereto or thereto, shall be deemed to constitute any of CounterpartyNGC, any other Purchaser, the other investors, or the Company as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that CounterpartyNGC, any Purchaser, the other investors or the Company are in any way acting in concert or as a group (including any group acting for the purpose of acquiring, holding or disposing of equity securities of the Company (within the meaning of Rule 13d-5(b)(1) under the Exchange Act)) with respect to such obligations or the transactions contemplated by this Agreement, any other Forward Purchase Agreement or Subscription Agreement, or the Business Combination Agreement.
Appears in 2 contracts
Samples: Forward Purchase Agreement (Northern Genesis Acquisition Corp. II), Forward Purchase Agreement (Northern Genesis Acquisition Corp. III)