Common use of Independent Nature of Buyers’ Obligations and Rights Clause in Contracts

Independent Nature of Buyers’ Obligations and Rights. The obligations of each Buyer under any Transaction Document are several and not joint with the obligations of any other Buyer, and no Buyer shall be responsible in any way for the performance of the obligations of any other Buyer under any Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Buyer pursuant hereto or thereto, shall be deemed to constitute the Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Buyer confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Buyer, other than Rubicon, acknowledges that (i) Xxxxxxx Xxxx & Xxxxx LLP solely represented Rubicon in connection with the transaction contemplated hereby and (ii) Rubicon did not provide any advice in connection herewith and such Buyer's determination to participate herein was based solely on its own evaluation of the risks and merits of the investment contemplated hereby. Each Buyer shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer to be joined as an additional party in any proceeding for such purpose. [Signature Page Follows]

Independent Nature of Buyers’ Obligations and Rights. The obligations of each Buyer under any the Transaction Document Agreements are several and not joint with the obligations of any other Buyer, and no Buyer shall be responsible in any way for the performance of the obligations of any other Buyer under any Transaction Documentsuch agreement. Nothing contained herein or in any other Transaction DocumentAgreement, and no action taken by any Buyer pursuant hereto or thereto, shall be deemed to constitute the Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by to be consummated pursuant to the Transaction Documents. Each Buyer confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Buyer, other than Rubicon, acknowledges that (i) Xxxxxxx Xxxx & Xxxxx LLP solely represented Rubicon in connection with the transaction contemplated hereby and (ii) Rubicon did not provide any advice in connection herewith and such Buyer's determination to participate herein was based solely on its own evaluation of the risks and merits of the investment contemplated herebyAgreements. Each Buyer shall be entitled to independently protect and enforce its rights, including, without limitation, including the rights arising out of this Agreement or out of any other the Transaction DocumentsAgreements, and it shall not be necessary for any other Buyer to be joined as an additional party in any proceeding for such purpose. [Signature Page Follows]Each Buyer represents that it has been represented by its own separate legal counsel in its review and negotiation of the Transaction Agreements. For reasons of administrative convenience only, Buyers acknowledge and agree that they and their respective counsel have chosen to communicate with Seller, Company and their respective counsel through Xxxxxxx XxXxxxxxx LLP (“Xxxxxxx”), but neither Xxxxxxx nor Seller’s or Company’s counsel represent any of Buyers in this transaction, except that Xxxxxxx represents Sherbrooke and Xxxx Capital.

Independent Nature of Buyers’ Obligations and Rights. The ----------------------------------------------------- obligations of each Buyer under any the Transaction Document Agreements are several and not joint with the obligations of any other Buyer, and no Buyer shall be responsible in any way for the performance of the obligations of any other Buyer under any Transaction Documentsuch agreement. Nothing contained herein or in any other Transaction DocumentAgreement, and no action taken by any Buyer pursuant hereto or thereto, shall be deemed to constitute the Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by to be consummated pursuant to the Transaction Documents. Each Buyer confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Buyer, other than Rubicon, acknowledges that (i) Xxxxxxx Xxxx & Xxxxx LLP solely represented Rubicon in connection with the transaction contemplated hereby and (ii) Rubicon did not provide any advice in connection herewith and such Buyer's determination to participate herein was based solely on its own evaluation of the risks and merits of the investment contemplated herebyAgreements. Each Buyer shall be entitled to independently protect and enforce its rights, including, without limitation, including the rights arising out of this Agreement or out of any other the Transaction DocumentsAgreements, and it shall not be necessary for any other Buyer to be joined as an additional party in any proceeding for such purpose. [Signature Page Follows]Each Buyer represents that it has been represented by its own separate legal counsel in its review and negotiation of the Transaction Agreements. For reasons of administrative convenience only, Buyers acknowledge and agree that they and their respective counsel have chosen to communicate with Seller, Company and their respective counsel through Bingham McCutchen LLP ("Bingham"), but neither ------- Bingham nor Seller's or Company's counsel represent any of Buyers in xxxx xransaction, except that Bingham represents Sherbrooke and Mark Capital.

Independent Nature of Buyers’ Obligations and Rights. The obligations of each Buyer under any Transaction Document are several and not joint with the obligations of any other Buyer, and no Buyer shall be responsible in any way for the performance of the obligations of any other Buyer under any Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Buyer pursuant hereto or thereto, shall be deemed to constitute the Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Buyer confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Buyer, other than RubiconSmithfield, acknowledges that (i) Xxxxxxx Xxxx & Xxxxx LLP solely represented Rubicon Smithfield in connection with the transaction contemplated hereby and (ii) Rubicon Smithfield did not provide any advice in connection herewith and such Buyer's determination to participate herein was based solely on its own evaluation of the risks and merits of the investment contemplated hereby. Each Buyer shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer to be joined as an additional party in any proceeding for such purpose. [Signature Page Follows]

Independent Nature of Buyers’ Obligations and Rights. The obligations of each Buyer under any Transaction Document are several and not joint with the obligations of any other Buyer, and no Buyer shall be responsible in any way for the performance of the obligations of any other Buyer under any Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Buyer pursuant hereto or thereto, shall be deemed to constitute the Buyers as a partnership, an association, a joint venture or any other kind entity of entityany kind, or create a presumption that the Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Buyer confirms that it has independently participated in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. Each Buyer, other than RubiconDolphin, acknowledges that (i) Xxxxxx Xxxxxxx Xxxx & Xxxxx &Reed LLP solely represented Rubicon Dolphin in connection with the transaction transactions contemplated hereby hereby, and (ii) Rubicon Dolphin did not provide any advice in connection herewith and such Buyer's ’s determination to participate herein was based solely on its own evaluation of the risks and merits of the investment contemplated hereby. Each Buyer shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer buyer to be joined as an additional party in any proceeding for such purpose. [Signature Page Follows]

Independent Nature of Buyers’ Obligations and Rights. The obligations of each Buyer under any Transaction Document are several and not joint with the obligations of any other Buyer, and no Buyer shall be responsible in any way for the performance of the obligations of any other Buyer under any Transaction Document. Nothing contained herein or in any other Transaction Document, and no action taken by any Buyer pursuant hereto or thereto, shall be deemed to constitute the Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Buyer confirms that it has independently participated in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. Each Buyer, other than RubiconSAC, acknowledges that (i) Xxxxxxx Xxxx & Xxxxx LLP solely represented Rubicon SAC in connection with the transaction contemplated hereby and (ii) Rubicon SAC did not provide any advice in connection herewith and such Buyer's ’s determination to participate herein was based solely on its own evaluation of the risks and merits of the investment contemplated hereby. Each Buyer shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement Amendment or out of any other Transaction Documents, and it shall not be necessary for any other Buyer to be joined as an additional party in any proceeding for such purpose. [Signature Page Follows].