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.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Rackable Systems, Inc.), Securities Purchase Agreement (Rackable Systems, Inc.), Securities Purchase Agreement (Rackable Systems, Inc.)
Understanding Among the Purchasers. The determination of each Purchaser to enter into this Agreement and to purchase the Series A E 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 Purchaser has not acted as an agent of such Purchaser in connection with making its investment hereunder and the Majority Purchasers Purchaser 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 Purchaser has 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Swissray International Inc)