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

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

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

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor each Purchaser under this Waiver or any other Transaction Document Agreement are several and not joint with the obligations of any other BuyerPurchaser, and the Investor no Purchaser shall not be responsible in any way for the performance of the obligations of any other Buyer under Purchaser hereunder. The decision of each Purchaser to purchase the Securities pursuant to this Agreement has been made by such Purchaser independently of any Transaction Document or Other Waiverother Purchaser. Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction Documenttherein, and no action taken by the Investor any Purchaser pursuant heretohereto or thereto, shall be deemed to constitute the Investor and other Buyers Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver or any other Transaction Document and the Company hereby. Each Purchaser acknowledges that the Buyers are not no other Purchaser has acted as agent for such Purchaser in connection with making its investment hereunder and that no Purchaser will be acting as agent of such Purchaser in concert or as a group connection with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver and any other Transaction Document. The Company and the Investor confirm that the Investor has independently participated monitoring its investment in the negotiation of the transactions contemplated hereby with the advice of Securities or enforcing its own counsel and advisorsrights under this Agreement. The Investor Each Purchaser shall be entitled independently to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Waiver, any Other Waiver or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Buyer Purchaser to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of the each Investor under this Waiver or any other Transaction Document are several and not joint with the obligations of any other BuyerInvestor, and the no Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Investor under any Transaction Document or Other WaiverDocument. Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction Document, and no action taken by the any Investor pursuant heretohereto or thereto, shall be deemed to constitute the Investor and other Buyers Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver or any other the Transaction Document and the Company acknowledges Documents. Each Investor confirms that the Buyers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver and any other Transaction Document. The Company and the Investor confirm that the Investor it has independently participated in the negotiation of the transactions transaction contemplated hereby with the advice of its own counsel and advisors. The Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver, any Other Waiver Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer Investor to be joined as an additional party in any proceeding for such purpose.. [Signature Page Follows]

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

Independent Nature of Investors’ Obligations and Rights. The Except as expressly provided herein and therein, the obligations of the each Investor under this Waiver or any other Transaction Document Agreement are several and not joint with the obligations of any other BuyerInvestor, and the no Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Investor under any Transaction Document or Other Waiverthis Agreement. Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction Documentherein, and no action taken by any Investor (including, without limitation, any of the Investor Co-Lead Investors) pursuant heretohereto or thereto, shall be deemed to constitute the Investor and other Buyers Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this WaiverAgreement. Each Investor acknowledges that no other Investor (including, without limitation, any Other Waiver of the Co-Lead Investors) has acted as agent for such Investor in connection with this Agreement or any other Transaction Document and in making its investment in the Company acknowledges and that the Buyers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiverno Investor (including, without limitation, any Other Waiver and any other Transaction Document. The Company and of the Co-Lead Investors) will be acting as agent of such Investor confirm that the Investor has independently participated in connection with monitoring its investment in the negotiation of the transactions contemplated hereby with the advice of Company or enforcing its own counsel and advisorsrights under this Agreement. The Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver, any Other Waiver or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Buyer Investor to be joined as an additional party in any proceeding for such purpose. Notwithstanding anything contained in this Agreement to the contrary, neither of the Co-Lead Investors shall have any duty, fiduciary or otherwise, to any other Investor by virtue of such Investor serving as a Co-Lead Investor or otherwise.

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor each Purchaser under this Waiver or any other Transaction Document Agreement are several and not joint with the obligations of any other BuyerPurchaser, and the Investor no Purchaser shall not be responsible in any way for the performance of the obligations of any other Buyer under Purchaser hereunder. The decision of each Purchaser to purchase the Units pursuant to this Agreement or the warrants has been made by such Purchaser independently of any Transaction Document or Other Waiverother Purchaser. Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction Documenttherein, and no action taken by the Investor any Purchaser pursuant heretohereto or thereto, shall be deemed to constitute the Investor and other Buyers Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver or any other Transaction Document and the Company hereby. Each Purchaser acknowledges that the Buyers are not no other Purchaser has acted as agent for such Purchaser in connection with making its investment hereunder and that no Purchaser will be acting as agent of such Purchaser in concert or as a group connection with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver and any other Transaction Document. The Company and the Investor confirm that the Investor has independently participated monitoring its investment in the negotiation of the transactions contemplated hereby with the advice of Units or enforcing its own counsel and advisorsrights under this Agreement. The Investor Each Purchaser shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Waiver, any Other Waiver or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Buyer Purchaser to be joined as an additional party in any proceeding for such purpose.

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

Independent Nature of Investors’ Obligations and Rights. The obligations of the each Investor under this Waiver or any other Transaction Document are several and not joint with the obligations of any other BuyerInvestor, and the no Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Investor under any Transaction Document or Other WaiverDocument. The decision of each Investor to purchase Selling Stockholder Shares and Warrants pursuant to the Transaction Documents has been made by such Investor independently of any other Investor. Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction Document, and no action taken by the any Investor pursuant heretothereto, shall be deemed to constitute the Investor and other Buyers Investors as a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that the Investor and other Buyers Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver or any other the Transaction Document and the Company Documents. Each Investor acknowledges that the Buyers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver and any no other Transaction Document. The Company and the Investor confirm that the Investor has independently participated acted as agent for such Investor in connection with making its investment hereunder and that no Investor will be acting as agent of such Investor in connection with monitoring its investment in the negotiation of Selling Stockholder Shares and Warrants or enforcing its rights under the transactions contemplated hereby with the advice of its own counsel and advisorsTransaction Documents. The Each Investor shall be entitled to independently protect and enforce its rights, including, including without limitation, limitation the rights arising out of this Waiver, any Other Waiver Agreement or out of any the other Transaction Documents, and it shall not be necessary for any other Buyer Investor to be joined as an additional party in any proceeding for such purpose. Each of the Company and each Selling Stockholder acknowledges that each of the Investors has been provided with the same Transaction Documents for the convenience of the Company and the Selling Stockholders for the purpose of closing a transaction with multiple Investors and not because it was required or requested to do so by any Investor.

Independent Nature of Investors’ Obligations and Rights. The obligations of the Selling Investor and New Investor under this Waiver or any other Transaction Document (including this Agreement) are several and not joint with the obligations of any other BuyerOther Investor, and the Selling Investor and New Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Investor under any Transaction Document or Other WaiverDocument. Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction Document, and no action taken by the Selling Investor or the New Investor pursuant hereto, shall be deemed to constitute the Selling Investor, the New Investor and other Buyers the Other Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Investors are in any way acting in concert or as a group group, and the Company will not assert any such claim with respect to such the obligations or the transactions contemplated by this Waiver, any Other Waiver or any other the Transaction Document Documents and the Company acknowledges that the Buyers Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver and any other the Transaction DocumentDocuments. The Company acknowledges and the Selling Investor confirm and New Investor each confirms that the such Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Each such Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver, any Other Waiver Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer Investor to be joined as an additional party in any proceeding for such purpose.. [Signature Page Follows]

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor under this Waiver Agreement or any other Transaction Document are several and not joint with the obligations of any other Buyer, and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer under any Transaction Document or Other WaiverDocument. Nothing contained herein or in this Waiver, any Other Waiver Agreement or any other Transaction Document, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver Agreement or any other Transaction Document and the Company acknowledges that the Buyers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver Agreement and any other Transaction Document. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver, any Other Waiver 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 Investors’ Obligations and Rights. The obligations of the each Investor under this Waiver or any other Transaction Document Agreement and the Registration Rights Agreement are several and not joint with the obligations of any other BuyerInvestor, and the no Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Investor under any Transaction Document either this Agreement or Other Waiverthe Registration Rights Agreement. Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction Documentthe Registration Rights Agreement, and no action taken by the any Investor pursuant heretohereto or thereto, shall be deemed to constitute the Investor Investors as, and other Buyers as the Company acknowledges that the Investors do not so constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by either this Waiver, any Other Waiver Agreement or any other Transaction Document the Registration Rights Agreement and the Company acknowledges that the Buyers Investors are not acting in concert or as a group group, and the Company will not assert any such claim, with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver and any other Transaction Documenthereby or thereby. The Company acknowledges and the each Investor confirm confirms that the Investor it has independently participated in the negotiation of the transactions transaction contemplated hereby with the advice of its own counsel and advisors. The Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, including the rights arising out of this Waiver, any Other Waiver Agreement or out of any other Transaction Documentsthe Registration Rights Agreement, and it shall not be necessary for any other Buyer Investor to be joined as an additional party in any proceeding for such purpose.. * * *

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

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor under this Waiver or Agreement and any other Amended Transaction Document to which it is party are several and not joint with the obligations of any other Other Buyer, and the Investor shall not be responsible in any way for the performance of the obligations of any other Other Buyer under any Amended Transaction Document or Other WaiverDocument. Nothing contained herein or in this Waiver, any Other Waiver or any other Amended Transaction Document, and no action taken by the Investor pursuant heretohereto or thereto, shall be deemed to constitute the Investor and other Buyers as Investor, together with any one or more of the Other Buyers, a partnership, an association, a joint venture or any other kind of entity, or to create a presumption that the Investor and other Other Buyers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver or any other Transaction Document and the Company acknowledges that the Buyers are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver and any other Amended Transaction Document. The Company Investor confirms, and the Investor confirm Company acknowledges, that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the its rights arising out of this Waiver, any Other Waiver Agreement or out of any other Amended Transaction DocumentsDocument, and it shall not be necessary for any other Other Buyer to be joined as an additional party in any proceeding for such purpose.. [Signature Page Follows]

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

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

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

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor under this Waiver or any other Transaction Document (including this Agreement) are 12 several and not joint with the obligations of any other BuyerOther Investor, and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Other Investor under any Transaction Document or Other WaiverDocument. Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction Document, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers Other Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Other Investors are in any way acting in concert or as a group group, and the Company will not assert any such claim with respect to such the obligations or the transactions contemplated by this Waiver, any Other Waiver or any other the Transaction Document Documents and the Company acknowledges that the Buyers Investor and Other Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver and any other the Transaction DocumentDocuments. The Company acknowledges and the Investor confirm confirms that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver, any Other Waiver Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer Other Investor to be joined as an additional party in any proceeding for such purpose.. [Signature Page Follows]

Independent Nature of Investors’ Obligations and Rights. The obligations of the each Investor under this Waiver or any other Transaction Document are several and not joint with the obligations of any other BuyerInvestor, and the no Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Investor under any Transaction Document or Other WaiverDocument. Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction Document, and no action taken by the any Investor pursuant heretohereto or thereto, shall be deemed to constitute the Investor Investors as, and other Buyers as the Company acknowledges that the Investors do not so constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Investors are in any way 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, any Other Waiver or any other the Transaction Document Documents and the Company acknowledges that the Buyers Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver and any other the Transaction DocumentDocuments. The Company acknowledges and the each Investor confirm confirms that the Investor it has independently participated in the negotiation of the transactions transaction contemplated hereby with the advice of its own counsel and advisors. The Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver, any Other Waiver Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer Investor to be joined as an additional party in any proceeding for such purpose.

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

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

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

Independent Nature of Investors’ Obligations and Rights. The obligations of the each Investor under this Waiver or any other Transaction Document are several and not joint with the obligations of any other BuyerInvestor, and the no Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Investor under any Transaction Document or Other Waiverand nor shall the Company be relieved of any of its obligations to an Investor as a result of the breach hereof by any other Investor. Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction Document, and no action taken by the any Investor pursuant heretohereto or thereto, shall be deemed to constitute the Investor and other Buyers Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver or any other the Transaction Document Documents and the Company acknowledges that the Buyers Investors are not acting in concert or as a group with respect to such obligations or the transactions contemplated by this Waiver, any Other Waiver and any other the Transaction DocumentDocuments. The Company and the Each Investor confirm confirms that the Investor it has independently participated in the negotiation of the transactions transaction contemplated hereby with the advice of its own counsel and advisors. The Each Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver, any Other Waiver Agreement or out of any other Transaction Documents, and it shall not be necessary for any other Buyer Investor to be joined as an additional party in any proceeding for such purpose.

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

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor under this Waiver or any other Transaction Document Agreement are several and not joint with the obligations of any other Buyerholder of Notes (each, an “Other Investor”), and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Other Investor under any Transaction Document or agreement by and between the Company and such Other WaiverInvestor (each, an “Other Agreement”). Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction DocumentAgreement, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers Other Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Other Investors 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 or any other Transaction Document Agreement and the Company acknowledges that that, to the Buyers best of its knowledge, the Investor and the Other Investors 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 Waiver and any other Transaction DocumentAgreement. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver, any Other Waiver or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Buyer Other Investor to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Investors’ Obligations and Rights. The obligations of the Investor under this Waiver or any other Transaction Document Agreement are several and not joint with the obligations of any other Buyerholder of warrants to purchase Common Stock (each, an “Other Investor”), and the Investor shall not be responsible in any way for the performance of the obligations of any other Buyer Other Investor under any Transaction Document agreement (whether similar to this agreement or otherwise) (each, an “Other WaiverAgreement”). Nothing contained herein or in this Waiver, any Other Waiver or any other Transaction DocumentAgreement, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and other Buyers Other Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and other Buyers Other Investors 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 or any other Transaction Document Agreement and the Company acknowledges that that, to the Buyers best of its knowledge, the Investor and the Other Investors 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 Waiver and any other Transaction DocumentAgreement. The Company and the Investor confirm that the Investor has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Waiver, any Other Waiver or out of any other Transaction DocumentsAgreement, and it shall not be necessary for any other Buyer Other Investor to be joined as an additional party in any proceeding for such purpose.