Obligations Several and Not Joint. Each party shall be responsible only for its own performance under the Agreement (including any attachments, exhibits, schedules or addenda) and not for that of any other party.
Obligations Several and Not Joint. As between a Recipient and a permitted third-party assignee of the Recipient, the obligations of each such party under this Agreement shall be several and not joint.
Obligations Several and Not Joint. The obligations of the Holders hereunder shall be several (and not joint). A Holder shall not be responsible for the failure of any other Holders to perform any obligation required to be performed by it hereunder. The obligations of the Company at any time hereunder to each Holders shall be separate and independent obligations. Each Holder shall be entitled to protect and enforce its rights arising out of this Agreement as it shall see fit, and it shall not be necessary for any other Holders to consent to, or be joined as an additional party in, any proceedings for such purposes.
Obligations Several and Not Joint. The obligations of each Purchaser under this Agreement are several and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance of the obligations of any other Purchaser under this Agreement. The decision of each of the Purchasers to purchase Units pursuant to this Agreement has been made by such Purchaser independently of any other Purchaser. Nothing contained herein, and no action taken by any Purchaser pursuant hereto, shall be deemed to constitute the Purchasers as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement.
Obligations Several and Not Joint. The New Investors' obligations under this Agreement are several in proportion to the Shares acquired by such New Investors under the Purchase Agreement and not joint.
Obligations Several and Not Joint. The parties acknowledge and agree that the Investors are not agents, affiliates or partners of each other, that all representations, warranties, covenants and agreements of the Investors hereunder are several and not joint, that no Investor shall have any responsibility or liability for the representations, warrants, agreements, acts or omissions of any other Investor, and that any rights granted to "Investors" hereunder shall be enforceable by each Investor hereunder.
Obligations Several and Not Joint. The obligations of each Principal Stockholder hereunder shall be several and not joint, and no Principal Stockholder shall be liable for any breach of the terms of this Agreement by any other Principal Stockholder.
Obligations Several and Not Joint. Notwithstanding any reference herein to the Principal Stockholders, the Contessa Principal Stockholders or the Ancillary Stockholders, all obligations imposed shall be several and not joint, and there shall be no requirement of joinder of claims, or common proceedings, in connection with any obligation hereunder, or the enforcement thereof.
Obligations Several and Not Joint. The obligations, agreements, representations and warranties of each of the Supporting Lenders are several and not joint. Any breach of this Agreement by any Supporting Lender shall not result in liabilities for any other Supporting Lender.
Obligations Several and Not Joint. The obligations and liabilities hereunder of the Apollo Sellers, Oaktree Sellers and Crestview Sellers, in each case, shall be several and not joint (and not joint and several) in all respects. [Remainder of page intentionally left blank.]
