Common use of Possession of Information Clause in Contracts

Possession of Information. Black River acknowledges that (i) Xxxxxxx currently may have, and later may come into possession of, information with respect to the AEI Shares and AEI that is not known to Black River and that may be material to a decision to sell the AEI Shares (“Seller Excluded Information”), (ii) Black River has determined to sell the AEI Shares notwithstanding its lack of knowledge of the Seller Excluded Information and (iii) Xxxxxxx shall have no liability to Black River and Black River waives and releases any claims that it might have against Xxxxxxx whether under applicable securities laws or otherwise, with respect to the nondisclosure of Seller Excluded Information in connection with the transactions contemplated under this Agreement.

Possession of Information. Black River Xxxxxxx acknowledges that (i) Xxxxxxx Black River currently may have, and later may come into possession of, information with respect to the AEI Shares and AEI that is not known to Black River Xxxxxxx and that may be material to a decision to sell purchase the AEI Shares (“Seller Purchaser Excluded Information”), (ii) Black River Xxxxxxx has determined to sell purchase the AEI Shares notwithstanding its lack of knowledge of the Seller Purchaser Excluded Information and (iii) Xxxxxxx Black River shall have no liability to Black River Xxxxxxx, and Black River Xxxxxxx waives and releases any claims that it might have against Xxxxxxx Black River whether under applicable securities laws or otherwise, with respect to the nondisclosure of Seller Purchaser Excluded Information in connection with the transactions contemplated under this Agreement.