Common use of Exculpation Among Investors Clause in Contracts

Exculpation Among Investors. Each Investor acknowledges that it is not relying upon any other Investor, or any officer, director, stockholder, employee, agent, partner or affiliate of any such other Investor, in making its investment or decision to invest in Company or in monitoring such investment. Each Investor agrees that no other Investor nor any officer, director, stockholder, employee, agent, partner or affiliate of any other Investor shall be liable for any action taken before or after this Agreement or omitted to be taken by any of them relating to or in connection with Company, the Notes or the Warrant, or any of them. Without limiting the foregoing, no Investor nor any of its officers, directors, stockholders, partners, employees or agents of affiliates, or other holder of any securities of Company shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about Company or its properties, business or financial and other affairs, acquired by such Investor or holder from Company or its officers, directors, employees, agents, representatives, counsel or auditors, and in turn provided to another Investor or holder of securities, nor shall any such Investor or other person have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder of securities or to continue to provide any such information if any information is provided.

Appears in 1 contract

Sources: Unit Purchase Agreement (Motive Inc)

Exculpation Among Investors. Each Investor acknowledges that it the Investor is not relying upon any other Investor, or any officer, director, stockholdershareholder, employee, agent, partner or affiliate controlling person of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor Investor, nor any officer, director, stockholdershareholder, employee, agent, partner or affiliate controlling person of any such other Investor Investor, shall be liable for any action heretofore or thereafter taken before or after this Agreement or omitted to be taken by any of them relating to or in connection with Company, the Notes Company or the Warrant, or any of themSecurities. Without limiting the foregoing, no Investor nor any of its any officers, directors, stockholdersshareholders, partnersemployees, employees agents, partners or agents of affiliates, controlling persons or other holder of any securities of Company Securities shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about the Company or its any subsidiary or their respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or its any subsidiary or the respective officers, directors, employees, agents, representatives, counsel or auditorsauditors thereof, and in turn provided to another Investor or holder of securitiesholder, nor shall any such Investor or other person have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder of securities or to continue to provide any such information if any information is so provided.

Appears in 1 contract

Sources: Series a Preferred Stock Purchase Agreement (Overstock Com Inc)

Exculpation Among Investors. Each Investor acknowledges that it is not relying upon any other Investor, or any officer, director, stockholder, employee, agent, partner partner, or affiliate of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor nor any controlling person, officer, director, stockholder, employeepartner, agent, partner or affiliate employee of any other Investor shall be liable for any action heretofore or hereafter taken before or after this Agreement or omitted to be taken by any of them relating to or in connection with Company, the Notes Company or the WarrantSecurities, or any of themboth. Without limiting the foregoing, no Investor (nor any of its affiliates, officers, directors, stockholders, partners, employees agents, or agents of affiliates, employees) or other holder of any securities of Company Securities shall have any obligation, liability liability, or responsibility whatsoever for the accuracy, completeness completeness, or fairness of any or all information about the Company or its respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or its the officers, directors, employees, agents, representatives, counsel counsel, or auditorsauditors of the Company, and in turn provided to another Investor or holder of securitiesholder, nor shall any such Investor (or such other person person) have any obligation or responsibility whatsoever to provide any such information to any other Investor (or such other person) or holder of securities or to continue to provide any such information if any information is provided.

Appears in 1 contract

Sources: Series B Preferred Stock Purchase Agreement

Exculpation Among Investors. Each Investor acknowledges that it is not relying upon any other Investor, or any officer, director, stockholder, employee, agent, partner or affiliate of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor nor any officer, director, stockholder, employee, agent, partner or affiliate of any other Investor shall be liable for any action heretofore or hereafter taken before or after this Agreement or omitted to be taken by any of them relating to or in connection with Company, the Notes Company or the WarrantSeries C Preferred, or any of themboth. Without limiting the foregoing, no Investor nor any of its officers, directors, stockholders, partners, employees or agents of affiliates, or other holder of any securities of Company Series C Preferred shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about the Company or its any subsidiary or their respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or its any subsidiary or the respective officers, directors, employees, agents, representatives, counsel or auditorsauditors of either, and in turn provided to another Investor or holder of securitiesSeries C Preferred, nor shall any such Investor or other person Person have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder of securities Series C Preferred or to continue to provide any such information if any information is provided.

Appears in 1 contract

Sources: Series C Preferred Stock Purchase Agreement (Upland Software, Inc.)

Exculpation Among Investors. Each Investor acknowledges that it is not relying upon any other Investor, or any officer, director, stockholder, employee, agent, partner or affiliate Affiliate of any such other Investor, in making its investment or decision to invest in the Company or in monitoring such investment. Each Investor agrees that no other Investor nor any officer, director, stockholder, employee, agent, partner or affiliate Affiliate of any other Investor shall be liable for any action heretofore or hereafter taken before or after this Agreement or omitted to be taken by any of them relating to or in connection with Company, the Notes Company or the WarrantShares, or any of themboth. Without limiting the foregoing, no Investor Investor, nor any of its officers, directors, stockholders, partners, employees or agents of affiliatesAffiliates, or other holder of any securities of Company Shares shall have any obligation, liability or responsibility whatsoever for the accuracy, completeness or fairness of any or all information about the Company or its any subsidiary or their respective properties, business or financial and other affairs, acquired by such Investor or holder from the Company or its any subsidiary or the respective officers, directors, employees, agents, representatives, counsel or auditorsauditors of either, and in turn provided to another Investor or holder of securitiesShares, nor shall any such Investor or other person Person have any obligation or responsibility whatsoever to provide any such information to any other Investor or holder of securities Shares or to continue to provide any such information if any information is provided.

Appears in 1 contract

Sources: Series E Preferred Stock Purchase Agreement (Bazaarvoice Inc)