Common use of Independent Nature of Holder Obligations and Rights Clause in Contracts

Independent Nature of Holder Obligations and Rights. The obligations of the Holder under this Waiver are several and not joint with the obligations of any Other Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder under any Other Waiver. Nothing contained herein or in any Other Waiver, and no action taken by the Holder pursuant hereto, shall be deemed to constitute the Holder and Other Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holder and Other Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver or any Other Waiver and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver or any Other Waiver. The Company and the Holder confirm that the Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver or, any Other Waiver, and it shall not be necessary for any Other Holder to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Holder Obligations and Rights. The obligations of the each Holder under this Waiver hereunder are several and not joint with the obligations of any Other Holderother Holder hereunder, and the no Holder shall not be responsible in any way for the performance of the obligations of any Other other Holder under any Other Waiverhereunder. Nothing contained herein or in any Other Waiverother agreement or document delivered at any closing, and no action taken by the any Holder pursuant heretohereto or thereto, shall be deemed to constitute the Holder and Other Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holder and Other Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by this Waiver Agreement or any Other Waiver other matters, and the Company acknowledges that the Holders are not acting in concert or as a group group, and the Company shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Waiver or any Other Waivertransactions. The Company and the Holder confirm that the Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Waiver or, any Other WaiverAgreement, and it shall not be necessary for any Other other Holder to be joined as an additional party in any proceeding for such purpose. The use of a single agreement with respect to the obligations of the Company contained was solely in the control of the Company, not the action or decision of any Holder, and was done solely for the convenience of the Company and not because it was required or requested to do so by any Holder. It is expressly understood and agreed that each provision contained in this Agreement is between the Company and a Holder, solely, and not between the Company and the Holders collectively and not between and among Holders.

Independent Nature of Holder Obligations and Rights. The obligations of the each Holder under this Waiver hereunder are several and not joint with the obligations of any Other Holderother Holder hereunder, and the no Holder shall not be responsible in any way for the performance of the obligations of any Other other Holder under any Other Waiverhereunder. Nothing contained herein or in any Other Waiverother agreement or document delivered at any closing, and no action taken by the any Holder pursuant heretohereto or thereto, shall be deemed to constitute the Holder and Other Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holder and Other Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by this Waiver Agreement or any Other Waiver other matters, and the Company acknowledges that the Holders Holder are not acting in concert or as a group group, and the Company shall not asset any such claim, with respect to such obligations or the transactions contemplated by this Waiver or any Other Waivertransactions. The Company and the Holder confirm that the Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Waiver or, any Other WaiverAgreement, and it shall not be necessary for any Other other Holder to be joined as an additional party in any proceeding for such purpose.. The use of a single agreement with respect to the obligations of the Company contained was solely in the control of the Company, not the action or decision of any Holder, and was done solely for the convenience of the Company and not because it was required or requested to do so by any Holder. It is expressly understood and agreed that each provision contained in this Agreement is between the Company and the Holder, solely, and not between the Company and the Holder collectively and not between and among Holder. ******************** (Signature Pages Follow)

Independent Nature of Holder Obligations and Rights. The obligations of the each Holder under this Waiver hereunder are several and not joint with the obligations of any Other Holderother Holder hereunder, and the no Holder shall not be responsible in any way for the performance of the obligations of any Other other Holder under any Other Waiverhereunder. Nothing contained herein or in any Other Waiverother agreement or document delivered at any closing, and no action taken by the any Holder pursuant heretohereto or thereto, shall be deemed to constitute the Holder and Other Holders as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Holder and Other Holders are in any way acting in concert or as a group or entity with respect to such obligations or the transactions contemplated by this Waiver Agreement or any Other Waiver other matters, and the Company acknowledges that the Holders are not acting in concert or as a group group, and the Company shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Waiver or any Other Waivertransactions. The Company and the Holder confirm that the Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Each Holder shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Waiver or, any Other WaiverAgreement, and it shall not be necessary for any Other other Holder to be joined as an additional party in any proceeding for such purpose.. The use of a single agreement with respect to the obligations of the Company contained was solely in the control of the Company, not the action or decision of any Holder, and was done solely for the convenience of the Company and not because it was required or requested to do so by any Holder. It is expressly understood and agreed that each provision contained in this Agreement is between the Company and a Holder, solely, and not between the Company and the Holders collectively and not between and among Holders. 104

Independent Nature of Holder Obligations and Rights. The obligations of the Holder under this Waiver Agreement are several and not joint with the obligations of any Other Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder under any Other WaiverAgreement. Nothing contained herein or in any Other WaiverAgreement, and no action taken by the Holder pursuant hereto, shall be deemed to constitute the Holder and Other Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holder and Other Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Agreement or any Other Waiver Agreement and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Agreement or any Other WaiverAgreement. The Company and the Holder confirm that the Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver Agreement or, any Other WaiverAgreement, and it shall not be necessary for any Other Holder to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Holder Obligations and Rights. The obligations of the Holder under this Waiver Second Amendment Agreement are several and not joint with the obligations of any Other Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder under any Other WaiverSecond Amendment Agreement. Nothing contained herein or in any Other WaiverSecond Amendment Agreement, and no action taken by the Holder pursuant hereto, shall be deemed to constitute the Holder and Other Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holder and Other Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Second Amendment Agreement or any Other Waiver Second Amendment Agreement and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Second Amendment Agreement or any Other WaiverSecond Amendment Agreement. The Company and the Holder confirm that the Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver Second Amendment Agreement or, any Other WaiverSecond Amendment Agreement, and it shall not be necessary for any Other Holder to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Holder Obligations and Rights. The obligations of the Holder under this Waiver are several and not joint with the obligations of any Other Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder under any Other Waiver. Nothing contained herein or in any Other Waiver, and no DOC ID - 26663576.8 action taken by the Holder pursuant hereto, shall be deemed to constitute the Holder and Other Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holder and Other Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver or any Other Waiver and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver or any Other Waiver. The Company and the Holder confirm that the Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver or, any Other Waiver, and it shall not be necessary for any Other Holder to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Holder Obligations and Rights. The obligations of the Holder under this Waiver Amendment Agreement are several and not joint with the obligations of any Other Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder under any Other WaiverAmendment Agreement. Nothing contained herein or in any Other WaiverAmendment Agreement, and no action taken by the Holder pursuant hereto, shall be deemed to constitute the Holder and Other Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holder and Other Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Amendment Agreement or any Other Waiver Amendment Agreement and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Amendment Agreement or any Other WaiverAmendment Agreement. The Company and the Holder confirm that the Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver Amendment Agreement or, any Other WaiverAmendment Agreement, and it shall not be necessary for any Other Holder to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Holder Obligations and Rights. The obligations of the Holder under this Waiver Third Amendment Agreement are several and not joint with the obligations of any Other Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder under any Other WaiverThird Amendment Agreement. Nothing contained herein or in any Other WaiverThird Amendment Agreement, and no action taken by the Holder pursuant hereto, shall be deemed to constitute the Holder and Other Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holder and Other Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Third Amendment Agreement or any Other Waiver Third Amendment Agreement and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Third Amendment Agreement or any Other WaiverThird Amendment Agreement. The Company and the Holder confirm that the Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver Third Amendment Agreement or, any Other WaiverThird Amendment Agreement, and it shall not be necessary for any Other Holder to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Holder Obligations and Rights. The obligations of the Holder under this Waiver Fourth Amendment Agreement are several and not joint with the obligations of any Other Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder under any Other WaiverFourth Amendment Agreement. Nothing contained herein or in any Other WaiverFourth Amendment Agreement, and no action taken by the Holder pursuant hereto, shall be deemed to constitute the Holder and Other Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holder and Other Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Fourth Amendment Agreement or any Other Waiver Fourth Amendment Agreement and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Fourth Amendment Agreement or any Other WaiverFourth Amendment Agreement. The Company and the Holder confirm that the Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver Fourth Amendment Agreement or, any Other WaiverFourth Amendment Agreement, and it shall not be necessary for any Other Holder to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Holder Obligations and Rights. The obligations of the Holder under this Waiver Amendment are several and not joint with the obligations of any Other Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder under any Other WaiverAmendment. Nothing contained herein or in any Other WaiverAmendment, and no action taken by the Holder pursuant hereto, shall be deemed to constitute the Holder and Other Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Holder and Other Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Amendment or any Other Waiver Amendment and the Company acknowledges that the Holders are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver Amendment or any Other WaiverAmendment. The Company and the Holder confirm that the Holder has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver Amendment or, any Other WaiverAmendment, and it shall not be necessary for any Other Holder to be joined as an additional party in any proceeding for such purpose.