Common use of Independent Nature of Secured Parties Clause in Contracts

Independent Nature of Secured Parties. The obligations of each Secured Party under the Loan Documents are several and not joint with the obligations of any other Secured Party, and no Secured Party shall be responsible in any way for the performance of the obligations of any other Secured Party under the Loan Documents. Each Secured Party 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 Secured Party or by any agent, attorney, advisor, representative or employee of any other Secured Party, and no Secured Party or any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Secured Party (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 Secured Party pursuant hereto or thereto (including a Lender’s acquisition of Obligations, Notes or Warrants at the same time as any other Secured Party), shall be deemed to constitute the Secured Parties as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Secured Parties 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 Secured Party 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 Secured Party to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Secured Parties. The obligations of each Secured Party under the Loan Documents are several and not joint with the obligations of any other Secured Party, and no Secured Party shall be responsible in any way for the performance of the obligations of any other Secured Party under the Loan Documents. Each Secured Party shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Documents. The decision of each Lender Secured Party to acquire the Securities provide any Loans or Subsequent Disbursement Commitments pursuant to the Loan Documents has been made by such Lender Secured Party independently of any other Lender Secured Party 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 Secured Party or by any agent, attorney, advisor, representative or employee of any other Secured Party, and no Secured Party or any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Secured Party (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 Secured Party pursuant hereto or thereto (including a LenderSecured Party’s acquisition of Obligations, Subsequent Disbursement Commitments or Notes or Warrants at the same time as any other Secured Party), shall be deemed to constitute the Secured Parties as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Secured Parties 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 Secured Party 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 Secured Party to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Secured Parties. The obligations of each Secured Party under the Loan Facility Documents are several and not joint with the obligations of any other Secured Party, and no Secured Party shall be responsible in any way for the performance of the obligations of any other Secured Party under the Loan Facility Documents. Each Secured Party shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Facility Documents. The decision of each Lender Secured Party to acquire the Securities pursuant to the Loan Facility Documents has been made by such Lender Secured Party independently of any other Lender Secured Party 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 Secured Party or by any agent, attorney, advisor, representative or employee of any other Secured Party, and no Secured Party or any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Secured Party (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 Secured Party pursuant hereto or thereto (including a LenderSecured Party’s acquisition of Obligations, Notes or Warrants Obligations at the same time as any other Secured Party), shall be deemed to constitute the Secured Parties as as, and each of the Loan Parties acknowledges and agrees that the Secured Parties do not thereby constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Secured Parties 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 Secured Party 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 Secured Party to be joined as an additional party in any proceeding for such purposecontrary position.

Independent Nature of Secured Parties. The obligations of each Secured Party under the Loan Documents are several and not joint with the obligations of any other Secured Party, and no Secured Party shall be responsible in any way for the performance of the obligations of any other Secured Party under the Loan Documents. Each Secured Party 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 Secured Party 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 Secured Party or by any agent, attorney, advisor, representative or employee of any other Secured Party, and no Secured Party or any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Secured Party (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 Secured Party pursuant hereto or thereto (including a Lender’s acquisition of Obligations, Notes Notes, Purchased Shares, Interest Payment Shares, Warrants or Warrants Warrant Shares at the same time as any other Secured Party), shall be deemed to constitute the Secured Parties as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Secured Parties 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 Secured Party 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 Secured Party to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Secured Parties. The obligations of each Secured Party under the Loan Facility Documents are several and not joint with the obligations of any other Secured Party, and no Secured Party shall be responsible in any way for the performance of the obligations of any other Secured Party under the Loan Facility Documents. Each Secured Party shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Facility Documents. The decision of each Lender Secured Party to acquire the Securities pursuant to the Loan Facility Documents has been made by such Lender Secured Party independently of any other Lender Secured Party 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 Secured Party or by any agent, attorney, advisor, representative or employee of any other Secured Party, and no Secured Party or any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Secured Party (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 Secured Party pursuant hereto or thereto (including a LenderSecured Party’s acquisition of Obligations, Convertible Notes or Warrants any other Securities at the same time as any other Secured Party), shall be deemed to constitute the Secured Parties as as, and each of the Loan Parties acknowledges and agrees that the Secured Parties do not thereby constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Secured Parties 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 Secured Party 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 Secured Party to be joined as an additional party in any proceeding for such purposecontrary position.

Independent Nature of Secured Parties. The obligations of each Secured Party under the Loan Facility Documents are several and not joint with the obligations of any other Secured Party, and no Secured Party shall be responsible in any way for the performance of the obligations of any other Secured Party under the Loan Facility Documents. Each Secured Party shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Facility Documents. The decision of each Lender Secured Party to acquire the Securities pursuant to the Loan Facility Documents has been made by such Lender Secured Party independently of any other Lender Secured Party 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 Secured Party or by any agent, attorney, advisor, representative or employee of any other Secured Party, and no Secured Party or any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Secured Party (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 Secured Party pursuant hereto or thereto (including a LenderSecured Party’s acquisition of Obligations, Notes Notes, Warrants or Warrants any other Securities at the same time as any other Secured Party), shall be deemed to constitute the Secured Parties as as, and each of the Loan Parties acknowledges and agrees that the Secured Parties do not thereby constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Secured Parties 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 Secured Party 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 Secured Party to be joined as an additional party in any proceeding for such purpose.contrary position. Section 9.16

Independent Nature of Secured Parties. The obligations of each Secured Party under the Loan Documents hereunder are several and not joint with the obligations of any other Secured Party, and no Secured Party shall be responsible in any way for the performance of the obligations of any other Secured Party under the Loan Documents. Each Secured Party shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Documentshereunder. The decision of each Lender Secured Party to acquire the Securities pursuant to the Loan Documents enter into this Agreement has been made by such Lender Secured Party independently of any other Lender Secured Party 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 Debtor or any of its Subsidiaries the Subsidiary which may have been made or given by any other Secured Party or by any agent, attorney, advisor, representative agent or employee of any other Secured Party, and no Secured Party or any of its agents, attorneys, advisors, representatives agents or employees shall have any liability to any other Secured Party (or any other Personperson) relating to or arising from any such information, materials, statements or opinions. Nothing contained in the Loan Documentsherein, and no action taken by any Secured Party pursuant hereto or thereto (including a Lender’s acquisition of Obligations, Notes or Warrants at the same time as any other Secured Party)thereto, shall be deemed to constitute the Secured Parties as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Secured Parties 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 Documentshereby. Each Secured Party shall be entitled to independently protect and enforce its rights, including without limitation the rights arising out of the Loan Documentsthis Agreement, and it shall not be necessary for any other Secured Party to be joined as an additional party in any proceeding for such purpose.. * * * * * * * * * * *

Independent Nature of Secured Parties. The obligations of each Secured Party under the Loan Facility Documents are several and not joint with the obligations of any other Secured Party, and no Secured Party shall be responsible in any way for the performance of the obligations of any other Secured Party under the Loan Facility Documents. Each Secured Party shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Facility Documents. The decision of each Lender Secured Party to acquire the Securities pursuant to the Loan Facility Documents has been made by such Lender Secured Party independently of any other Lender Secured Party 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 Secured Party or by any agent, attorney, advisor, representative or employee of any other Secured Party, and no Secured Party or any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Secured Party (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 Secured Party pursuant hereto or thereto (including a LenderSecured Party’s acquisition of Obligations, Notes Convertible Notes, Warrants or Warrants any other Securities at the same time as any other Secured Party), shall be deemed to constitute the Secured Parties as as, and each of the Loan Parties acknowledges and agrees that the Secured Parties do not thereby constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Secured Parties 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 Secured Party 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 Secured Party to be joined as an additional party in any proceeding for such purposecontrary position.

Independent Nature of Secured Parties. The obligations of each Secured Party under the Loan Facility Documents are several and not joint with the obligations of any other Secured Party, and no Secured Party shall be responsible in any way for the performance of the obligations of any other Secured Party under the Loan Facility Documents. Each Secured Party shall be responsible only for its own representations, warranties, agreements and covenants under the Loan Facility Documents. The decision of each Lender Secured Party to acquire the Securities pursuant to the Loan Facility Documents has been made by such Lender Secured Party independently of any other Lender Secured Party 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 Secured Party or by any agent, attorney, advisor, representative or employee of any other Secured Party, and no Secured Party or any of its agents, attorneys, advisors, representatives or employees shall have any liability to any other Secured Party (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 Secured Party pursuant hereto or thereto (including a LenderSecured Party’s acquisition of Obligations, Notes Notes, or Warrants any other Securities at the same time as any other Secured Party), shall be deemed to constitute the Secured Parties as as, and each of the Loan Parties acknowledges and agrees that the Secured Parties do not thereby constitute, a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Secured Parties 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 Secured Party 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 Secured Party to be joined as an additional party in any proceeding for such purposecontrary position.