Common use of Stockholder Has Adequate Information Clause in Contracts

Stockholder Has Adequate Information. The Stockholder is a sophisticated seller with respect to the Subject Securities and has adequate information concerning the business and financial condition of the Company to make an informed decision regarding the sale of the Subject Securities and has independently and without reliance upon either Parent or Merger Subsidiary and based on such information as the Stockholder has deemed appropriate, made its own analysis and decision to enter into this Agreement. The Stockholder acknowledges that Parent has not made and does not make any representation or warranty, whether express or implied, of any kind or character except as expressly set forth in this Agreement. The Stockholder acknowledges and confirms that (i) Parent or Merger Subsidiary may possess or hereafter come into possession of certain non-public information concerning the Subject Securities and the Company which is not known to the Stockholder and which may be material to the Stockholder's decision to sell the Subject Securities ("Parent's Excluded Information"), (ii) the Stockholder has requested not to receive Parent's Excluded Information and has determined to sell the Subject Securities notwithstanding its lack of knowledge of Parent's Excluded Information, and (iii) neither Parent nor Merger Subsidiary shall have any liability or obligation to the Stockholder in connection with, and the Stockholder hereby waives and releases Parent and Merger Subsidiary from, any claims which the Stockholder or its successors and assigns may have against Parent or Merger Subsidiary (whether pursuant to applicable securities laws or otherwise) with respect to the non-disclosure of Parent's Excluded Information.