Understanding Among the Purchasers. The determination of each Purchaser to purchase the Convertible Notes and Warrants pursuant to this Agreement has been made by such Purchaser independent of any other Purchaser and independent of any statements or opinions as to the advisability of such purchase or as to the properties, business, prospects or condition (financial or otherwise) of VitalStream and the VitalStream Subsidiaries which may have been made or given by any other Purchaser or by any agent or employee of any other Purchaser.
Understanding Among the Purchasers. The determination of the Purchaser to purchase the New Securities pursuant to this Agreement has been made by the Purchaser independent of any other purchaser and independent of any statements or opinions as to the advisability of such purchase or as to the properties, business, prospects or condition (financial or otherwise) of the Company and its Subsidiaries which may have been made or given by any other purchaser or by any agent or employee of any other purchaser. In addition, it is acknowledged by the Purchaser that no other purchaser has acted as an agent of the Purchaser in connection with making its investment hereunder and that no other Person shall be acting as an agent of the Purchaser in connection with monitoring its investment hereunder.
Understanding Among the Purchasers. The determination by each of the Purchasers to purchase securities pursuant to this Agreement has been made by each such Purchaser independent of the other Purchasers, and independent of any statements or opinions as to the advisability of such purchase or as to the properties, business, prospects or condition (financial or otherwise) of the Company which may have been made or given by the other Purchasers or by any agents or employees of the other Purchasers. In addition, it is acknowledged by each of the Purchasers that the
Understanding Among the Purchasers. The determination of each Purchaser to purchase the Securities pursuant to this Agreement has been made by such Purchaser independent of any other Purchaser and independent of any statements or opinions as to the advisability of such purchase or as to the properties, business, prospects or condition (financial or otherwise) of the Company which may have been made or given by any other Purchaser or by any agent or employee of any other Purchaser. In addition, it is acknowledged by each of the Purchasers that no Purchaser has acted as an agent of any other Purchaser in connection with making its investment hereunder and that no Purchaser shall be acting as an agent of any other Purchaser in connection with monitoring its investment hereunder. It is further acknowledged by each of the other Purchasers that the GTCR Purchasers have retained Xxxxxxxx & Xxxxx LLP to act as their counsel in connection with the transactions contemplated hereby and that Xxxxxxxx & Xxxxx LLP has not acted as counsel for any of the other Purchasers in connection herewith and that none of the other Purchasers has the status of a client of Xxxxxxxx & Xxxxx LLP for conflict of interest or other purposes as a result thereof. * * * * * 24
Understanding Among the Purchasers. The determination of each Purchaser to enter into this Agreement and to purchase the Series A Preferred Stock hereunder has been made by such Purchaser independent of any other Purchaser and independent of any statements or opinions as to the advisability of such purchase or as to the properties, business, prospects or condition (financial or otherwise) of the Company and its Subsidiaries which may have been made or given by any other Purchaser or by any agent or employee of any other Purchaser. In addition, it is acknowledged by the Company and by each of the other Purchasers that the Majority Purchasers have not acted as an agent of such Purchaser in connection with making its investment hereunder and the Majority Purchasers shall not be acting as an agent of such Purchaser in connection with monitoring its investment hereunder. In addition, it is acknowledged by the Company and by each of the other Purchasers that the Majority Purchasers have retained Xxxxxxxx & Xxxxx to act as their counsel and representative in connection with the transactions contemplated hereby and that Xxxxxxxx & Xxxxx has not acted as counsel or representative for the Company or any other Purchaser in connection with the transactions contemplated hereby and that neither the Company nor any of the other Purchasers has the status of a client of Xxxxxxxx & Xxxxx for conflict of interest or any other purposes as a result thereof.
Understanding Among the Purchasers. The determination of each Purchaser to purchase the Series B Preferred pursuant to this Agreement has been made by such Purchaser independent of any other Purchaser and independent of any statements or opinions as to the advisability of such purchase or as to the properties, business, prospects or condition (financial or otherwise) of the Company and its Subsidiaries which may have been made or given by any other Purchaser or by any agent or employee of any other Purchaser. In addition, it is acknowledged by each of the other Purchasers that ABN AMRO has not acted as an agent of such Purchaser in connection with making its investment hereunder and that ABN AMRO shall not be acting as an agent of such Purchaser in connection with monitoring its investment hereunder. Each Purchaser represents that there are no claims for brokerage commissions, finders' fees or similar compensation in connection with the transactions contemplated by this Agreement based on any arrangement or agreement that is binding on such Purchaser, and each Purchaser shall pay, and hold each other Purchaser and the Company harmless against, any liability, loss or expense (including, without limitation, reasonable attorneys' fees and out of pocket expenses) arising in connection with any such claim or any other claim arising out of the failure of the acknowledgements and understandings stated in this SECTION 7N.
Understanding Among the Purchasers. The determination of each Purchaser to purchase the Preferred Stock pursuant to this Agreement has been made by such Purchaser independent of any other Purchaser and independent of any statements or opinions as to the advisability of such purchase or as to the properties, business, prospects or condition (financial or otherwise) of the Company and its Subsidiaries which may have been made or given by any other Purchaser or by any agent or employee of any other Purchaser. In addition, it is acknowledged by each of the other Purchasers that MDP has not acted as an agent of such Purchaser in connection with making its investment hereunder and that MDP shall not be acting as an agent of such Purchaser in connection with monitoring its investment hereunder.
Understanding Among the Purchasers. The determination of each Purchaser to purchase shares of Preferred Stock pursuant to this Agreement has been made by such Purchaser independent of any other Purchaser and independent of any statements or opinions as to the advisability of such purchase or as to the properties, business, prospects or condition (financial or otherwise) of the Company that may have been made or given by any other Purchaser. In addition, it is acknowledged by each Purchaser that no Purchaser has acted as an agent of any other Purchaser iii connection with making its investment hereunder and that no Purchaser will be acting as an agent of any other Purchaser in connection with monitoring its investment hereunder.
Understanding Among the Purchasers. The determination of each Purchaser to purchase shares of Series B Preferred Stock pursuant to this Agreement has been made by such Purchaser independent of any other Purchaser and independent of any statements or opinions as to the advisability of such purchase or as to the properties, business, prospects or condition (financial or otherwise) of the Company and its Subsidiaries which may have been made or given to such Purchaser by any other Purchaser or by any agent or employee of any other Purchaser. Each Purchaser acknowledges and agrees that no other Purchaser shall be responsible in any way or held liable or accountable to any extent for any information, documents, materials, analysis, projections, plans or other data (or compilations thereof) relating to the Company or the transactions contemplated hereby (collectively, "Investment Data") provided to such Purchaser by any other Purchaser, and each Purchaser agrees to hold harmless and not make any claims against any other Purchaser with respect to any Investment Data provided to such Purchaser by such other Purchaser."
Understanding Among the Purchasers. The determination of ---------------------------------- each Purchaser to purchase the Notes pursuant to this Agreement has been made by such Purchaser independent of any other Purchaser and independent of any statements (including any projections) or opinions as to the advisability of such purchase or as to the properties, business, prospects or condition (financial or otherwise) of the Company which may have been made or given by any other Purchaser or by any agent or employee of any other Purchaser. In addition, it is acknowledged by each Purchaser that no other Purchaser has acted as an agent of or in concert with such Purchaser in connection with making its investment hereunder and that no other -57- Purchaser will be acting as an agent of such Purchaser in connection with monitoring its investment hereunder.
