Common use of Independent Nature of Lenders Clause in Contracts

Independent Nature of Lenders. The obligations of each Lender under the Loan Documents are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance of the obligations of any other Lender under the Loan Documents. Each Lender shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Documents. The decision of each Lender to acquire the Securities pursuant to the Loan Documents has been made by such Lender independently of any other Lender and independently of any information, materials, statements or opinions as to the business, affairs, operations, assets, properties, liabilities, results of operations, condition (financial or otherwise) or prospects of the Borrower or any of its Subsidiaries which may have been made or given by any other Lender or by any agent, attorney, advisor, representative or employee of any other Lender, and no Lender or any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Lender (or any other Person) relating to or arising from any such information, materials, statements or opinions. Nothing contained in the Loan Documents, and no action taken by any Lender pursuant hereto or thereto (including a Lender’s acquisition of Obligations or Notes at the same time as any other Lender), shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders are in any way acting in concert or as a group with respect to such Obligations or the transactions contemplated by any of the Loan Documents. Each Lender shall be entitled to independently protect and enforce its rights, including the rights arising out of the Loan Documents, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Lenders. The obligations of each Lender under the Loan Documents are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance of the obligations of any other Lender under the Loan Documents. Each Lender shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Documents. The decision of each Lender to acquire the Securities pursuant to the Loan Documents has been made by such Lender independently of any other Lender and independently of any information, materials, statements or opinions as to the business, affairs, operations, assets, properties, liabilities, results of operations, condition (financial or otherwise) or prospects of the Borrower or any of its Subsidiaries which that may have been made or given by any other Lender or by any agent, attorney, advisor, representative or employee of any other Lender, and no Lender or any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Lender (or any other Person) relating to or arising from any such information, materials, statements or opinions. Nothing contained in the Loan Documents, and no action taken by any Lender pursuant hereto or thereto (including a Lender’s acquisition of Obligations Obligations, Notes, Lender Warrants or Notes any other Securities at the same time as any other Lender), shall be deemed to constitute the Lenders as as, and each of the Loan Parties acknowledges and agrees that the Lenders do not thereby constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders are in any way acting in concert or as a group with respect to such Obligations or the transactions contemplated by any of the Loan Documents. Each Lender shall be entitled to independently protect , and enforce its rights, including the rights arising out none of the Loan Documents, and it Parties shall not be necessary for assert any other Lender to be joined as an additional party in any proceeding for such purposecontrary position.

Independent Nature of Lenders. The obligations of each Lender under the Loan Documents any Transaction Document are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance of the obligations of any other Lender under the Loan Documentsany Transaction Document. Each Lender shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Documentshereunder. The decision of each Lender to acquire the purchase Securities pursuant to the Loan Documents this Agreement has been made by such Lender independently of any other Lender and independently of any information, materials, statements or opinions as to the business, affairs, operations, assets, properties, liabilities, results of operations, condition (financial or otherwise) or prospects of the Borrower Company or any of its Subsidiaries which may have been made or given by any other Lender or by any agent, attorney, advisor, representative agent or employee of any other Lender, and no Lender or any of its agents, attorneys, advisors, representatives agents or employees shall have any liability to any other Lender (or any other Personperson) relating to or arising from any such information, materials, statements or opinions. Nothing contained herein or in the Loan Documentsany other Transaction Document, and no action taken by any Lender pursuant hereto or thereto (including a Lender’s acquisition of Obligations or Notes at the same time as any other Lender)thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders are in any way acting in concert or as a group with respect to such Obligations obligations or the transactions contemplated by any of the Loan Transaction Documents. Each Except as otherwise provided in any Transaction Document, each Lender shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement or out of the Loan other Transaction Documents, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Lenders. The obligations of each Lender under the Loan Documents any Transaction Document are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance of the obligations of any other Lender under the Loan Documents. Each Lender shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Documentsany Transaction Document. The decision of each Lender to acquire the purchase Securities pursuant to the Loan Documents this Agreement has been made by such Lender independently of any other Lender and independently of any information, materials, statements or opinions as to the business, affairs, operations, assets, properties, liabilities, results of operations, condition (financial or otherwise) or prospects of the Borrower or any of its Subsidiaries the Subsidiary which may have been made or given by any other Lender or by any agent, attorney, advisor, representative agent or employee of any other Lender, and no Lender or any of its agents, attorneys, advisors, representatives agents or employees shall have any liability to any other Lender (or any other Personperson) relating to or arising from any such information, materials, statements or opinions. Nothing contained herein, or in the Loan Documentsany Transaction Document, and no action taken by any Lender pursuant hereto or thereto (including a Lender’s acquisition of Obligations or Notes at the same time as any other Lender)thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders are in any way acting in concert or as a group with respect to such Obligations obligations or the transactions contemplated by any of the Loan Transaction Documents. Each Lender shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of this Agreement or out of the Loan other Transaction Documents, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Lenders. The obligations of each Lender under the Loan Facility Documents are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance of the obligations of any other Lender under the Loan Facility Documents. Each Lender shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Facility Documents. The decision of each Lender to acquire the Securities pursuant to the Loan Facility Documents has been made by such Lender independently of any other Lender and independently of any information, materials, statements or opinions as to the business, affairs, operations, assets, properties, liabilities, results of operations, condition (financial or otherwise) or prospects of the Borrower or any of its Subsidiaries which that may have been made or given by any other Lender or by any agent, attorney, advisor, representative or employee of any other Lender, and no Lender or nor any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Lender (or any other Person) relating to or arising from any such information, materials, statements or opinions. Nothing contained in the Loan Facility Documents, and no action taken by any Lender pursuant hereto or thereto (including a Lender’s acquisition of Obligations Obligations, Convertible Notes or Notes any other Securities at the same time as any other Lender), shall be deemed to constitute the Lenders as as, and each of the Lenders acknowledges and agrees that the Lenders do not thereby constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders are in any way acting in concert or as a group with respect to such Obligations or the transactions contemplated by any of the Loan Facility Documents. Each Lender shall be entitled to independently protect , and enforce its rights, including the rights arising out none of the Loan Documents, and it Parties shall not be necessary for assert any other Lender to be joined as an additional party in any proceeding for such purposecontrary position.

Independent Nature of Lenders. The obligations of each Lender under this Agreement and each of the Loan other Transaction Documents are several and not joint with the obligations of any other Lender, and no Lender shall be responsible in any way for the performance of the obligations of any other Lender under the Loan Documentsthis Agreement or any other Transaction Document. Each Lender shall be responsible only for its own representations, warranties, agreements and covenants hereunder and under the Loan other Transaction Documents. The decision of each Lender to enter into this Agreement, consummate the Exchange and acquire the Securities December 2019 Notes pursuant to the Loan Documents this Agreement has been made by such Lender independently of any other Lender and independently of any information, materials, statements or opinions as to the business, affairs, operations, assets, properties, liabilities, results of operations, condition (financial or otherwise) or prospects of the Borrower or any of its Subsidiaries which that may have been made or given by any other Lender or by any agent, attorney, advisor, representative or employee of any other Lender, and no Lender or any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Lender (or any other Person) relating to or arising from any such information, materials, statements or opinions. Nothing contained in the Loan Documentsthis Agreement, and no action taken by any Lender pursuant hereto or thereto (including a Lender’s acquisition of Obligations Obligations, Notes, Conversion Shares or Notes any other securities at the same time as any other Lender), shall be deemed to constitute the Lenders as as, and the Borrower acknowledges and agrees that the Lenders do not thereby constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders are in any way acting in concert or as a group with respect to such Obligations or the transactions contemplated by this Agreement or any of the Loan Documents. Each Lender shall be entitled to independently protect and enforce its rights, including the rights arising out of the Loan Documentsother Transaction Document, and it the Borrower shall not be necessary for assert any other Lender to be joined as an additional party in any proceeding for such purposecontrary position.