Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Shares.
Appears in 20 contracts
Sources: Series B Preferred Stock Purchase Agreement (Netlibrary Inc), Series B Preferred Stock Purchase Agreement (Jato Communications Corp), Series C Preferred Stock Purchase Agreement (Genomica Corp /De/)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Sharespurchase of the Stock.
Appears in 4 contracts
Sources: Series E Preferred Stock Purchase Agreement (Metabasis Therapeutics Inc), Series B Convertible Preferred Stock Purchase Agreement (Limelight Networks, Inc.), Series a Preferred Stock Purchase Agreement (Celebrateexpress Com Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, Person other than the Company and its officers and directorsdirectors and the Founders, in making its investment or decision to invest in the Company. Each Purchaser agrees that no other Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any other Purchaser shall be liable to such Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with this Agreement or the Shares and Conversion SharesRelated Agreements or the transactions contemplated hereby or thereby.
Appears in 3 contracts
Sources: Series D Preferred Stock Purchase Agreement (Netlibrary Inc), Series D Preferred Stock Purchase Agreement (Netlibrary Inc), Series C Preferred Stock Purchase Agreement (Netlibrary Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any such Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares Shares, the Warrants and Conversion the Warrant Shares.
Appears in 3 contracts
Sources: Third Series F Preferred Stock and Warrant Purchase Agreement (Greenlight Capital LLC), Third Series F Preferred Stock and Warrant Purchase Agreement (New World Coffee Manhattan Bagel Inc), Third Series F Preferred Stock and Warrant Purchase Agreement (Halpern Denny Iii Lp)
Exculpation Among Purchasers. Each Purchaser acknowledges ---------------------------- that it is not relying upon any person, firm, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Sharespurchase of the Securities.
Appears in 3 contracts
Sources: Series C Preferred Stock and Convertible Note Purchase Agreement (Drugstore Com Inc), Series C Preferred Stock Purchase Agreement (Stamps Com Inc), Series B Preferred Stock Purchase Agreement (Loudeye Technologies Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser Purchaser, nor the any respective controlling personsperson, officersofficer, directorsdirector, partnerspartner, agentsagent, or employees employee of any Purchaser Purchaser, shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares, the Series D Exchange Shares and Conversion Shares.
Appears in 2 contracts
Sources: Series D Preferred Stock Purchase Agreement (Landa Management Systems Corp), Series D Preferred Stock Purchase Agreement (Landacorp Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares Securities, Notes and Conversion Warrant Shares.
Appears in 2 contracts
Sources: 12% Secured Promissory Note and Warrant Purchase Agreement (E Digital Corp), 12% Subordinated Promissory Note and Warrant Purchase Agreement (E Digital Corp)
Exculpation Among Purchasers. Each Purchaser acknowledges that it ---------------------------- is not relying upon any person, firm, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Sharespurchase of the Securities.
Appears in 2 contracts
Sources: Series B Preferred Stock Purchase Agreement (Drugstore Com Inc), Series a Preferred Stock Purchase Agreement (Drugstore Com Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any personPerson (including, firmwithout limitation, or corporationany other Purchaser), other than the Company and its officers and directorsdirectors (acting in their capacity as representatives of the Company), in deciding to invest and in making its investment or decision to invest in the Company. Each Purchaser agrees that no other Purchaser nor or the respective controlling persons, officers, directors, partners, agents, agents or employees of any other Purchaser shall be liable to such Purchaser for any action heretofore or hereafter taken or omitted to be taken losses incurred by any of them such Purchaser in connection with its investment in the Shares and Conversion SharesCompany.
Appears in 2 contracts
Sources: Stock Purchase Agreement, Series B Preferred Stock Purchase Agreement (Heat Biologics, Inc.)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firmfirm or corporation (including, or corporationwithout limitation, any other Purchaser), other than the Company and its officers and directorsdirectors (acting in their capacity as representatives of the Company), in deciding to invest and in making its investment or decision to invest in the Company. Each Purchaser agrees that no other Purchaser nor the respective controlling persons, officers, directors, partners, agents, agents or employees of any other Purchaser shall be liable to such Purchaser for any action heretofore or hereafter taken or omitted to be taken losses incurred by any of them such Purchaser in connection with its investment in the Shares and Conversion SharesCompany.
Appears in 2 contracts
Sources: Series B Preferred Stock Purchase and Recapitalization Agreement (Quantum Corp /De/), Series B Preferred Stock and Warrant Purchase Agreement (Soligen Technologies Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Notes or the Conversion Shares.
Appears in 1 contract
Sources: Convertible Note Purchase Agreement (Castle Brands Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares Notes and Conversion SharesSecurities.
Appears in 1 contract
Sources: Note Purchase Agreement (Peninsula Pharmaceuticals Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion SharesSecurities.
Appears in 1 contract
Sources: Securities Purchase Agreement (Birch Telecom Inc /Mo)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, members, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Shares.
Appears in 1 contract
Sources: Preferred Stock Purchase Agreement (Connetics Corp)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion SharesCommon Stock. [NEXT PAGE IS SIGNATURE PAGE.]
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Photogen Technologies Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no other Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any such Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Shares.
Appears in 1 contract
Sources: Series C Preferred Stock Purchase Agreement (Petroleum Place Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the 18. respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Shares.
Appears in 1 contract
Sources: Purchase Agreement (Improvenet Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Shares.or
Appears in 1 contract
Sources: Series D Preferred Stock Purchase Agreement (Egroups Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Sharespurchase of the Notes.
Appears in 1 contract
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Shares.Each
Appears in 1 contract
Sources: Series D Preferred Stock and Warrant Purchase Agreement (Brookwood New World Investors LLC)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares Securities and Conversion Sharesthe Common Stock issuable upon conversion of the Securities.
Appears in 1 contract
Sources: Equity Investment and Supply Agreement (Oplink Communications Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, directors in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Shares.
Appears in 1 contract
Sources: Series E Preferred Stock Purchase Agreement (Requisite Technology Inc /Co)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion SharesStock.
Appears in 1 contract
Sources: Series C Preferred Stock Purchase Agreement (Kosan Biosciences Inc)
Exculpation Among Purchasers. Each Except as set forth in Section 4.5, each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling personsperson, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Shares.
Appears in 1 contract
Sources: Series F Preferred Stock and Warrant Purchase Agreement (Phoenix Network Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable to any other Purchaser for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Shares.or
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Asia Online LTD)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than then the Company Corporation and its officers and directors, in making its investment or decision to invest in the CompanyCorporation. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Shares.
Appears in 1 contract
Sources: Series E Preferred Stock Purchase Agreement (Adesso Healthcare Technology Services Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser who acquires Securities nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares Securities and Conversion Shares.
Appears in 1 contract
Sources: Series E Preferred Stock and Warrant Purchase Agreement (Exactis Com Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling persons, officers, directors, partners, agents, or employees of any Purchaser shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Shares.the
Appears in 1 contract
Sources: Series C Preferred Stock Purchase Agreement (Improvenet Inc)
Exculpation Among Purchasers. Each Purchaser acknowledges that it is not relying upon any person, firm, or corporationPerson, other than the Company and its CIBER and their respective officers and directors, in making its investment or decision to invest in the Company. Each Purchaser agrees that no Purchaser nor the respective controlling personsPersons, officers, directors, partners, agents, or employees of any Purchaser Purchaser, shall be liable for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the Shares and Conversion Sharesthe transactions contemplated herein.
Appears in 1 contract
Sources: Series a Convertible Preferred Stock Purchase Agreement (Ciber Inc)