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

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Holder and each other holder of Series A September 2021 Warrants are several and not joint with the obligations of the Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any other holder of Series A September 2021 Warrants under this Agreement or any agreement contemplated hereby. Nothing contained herein or in any other agreement, and no action taken by the Holder pursuant hereto or thereto, shall be deemed to constitute the Holder, the other holders of Series A September 2021 Warrants as, and the Company, and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants do not so constitute, a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that they are in any way acting in concert or as a group or entity, and the Company and any subsidiary shall not assert any such claim with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby or any matters, and the Company and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants are not acting in concert or as a group, and the Company and any subsidiary thereof (as the case may be) shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby. The decision of the Holder to enter into this Agreement has been made by the Holder independently of any other holder of Series A September 2021 Warrants. The Holder acknowledges that no other holder of Series A September 2021 Warrants has acted as agent for the Holder in connection with the Holder making its entering into this Agreement and that no other holder of Series A September 2021 Warrants will be acting as agent of the Holder in connection with monitoring the Holder’s investment in the Exercised Warrants or Exercised Warrant Shares or enforcing its rights under this Agreement or any other agreement contemplated hereby. The Company and the Holder confirms that the Holder has independently participated with the Company and its subsidiaries in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other agreement contemplated hereby, and it shall not be necessary for any other holder of Series A September 2021 Warrants to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Holder and each other holder of Series A September 2021 Warrants are several and not joint with the obligations of the Holder, and the Holder shall not be responsible in any way for the performance of the obligations of any other holder of Series A September 2021 Warrants under this Agreement or any agreement contemplated hereby. Nothing contained herein or in any other agreement, and no action taken by the Holder pursuant hereto or thereto, shall be deemed to constitute the Holder, the other holders of Series A September 2021 Warrants as, and the Company, and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants do not so constitute, a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that they are in any way acting in concert or as a group or entity, and the Company and any subsidiary shall not assert any such claim with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby or any matters, and the Company and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants are not acting in concert or as a group, and the Company and any subsidiary thereof (as the case may be) shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby. The decision of the Holder to enter into this Agreement has been made by the Holder independently of any other holder of Series A September 2021 Warrants. The Holder acknowledges that no other holder of Series A September 2021 Warrants has acted as agent for the Holder in connection with the Holder making its entering into this Agreement and that no other holder of Series A September 2021 Warrants will be acting as agent of the Holder in connection with monitoring the Holder’s investment in the Exercised Warrants or Exercised Warrant Shares or enforcing its rights under this Agreement or any other agreement contemplated hereby. The Company and the Holder confirms that the Holder has independently participated with the Company and its subsidiaries in the negotiation of the transaction contemplated hereby with the advice of its own counsel and advisors. The Holder shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other agreement contemplated hereby, and it shall not be necessary for any other holder of Series A September 2021 Warrants to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Holder and each other holder of Series A September 2021 Warrants Buyer under any Transaction Document are several and not joint with the obligations of the Holderany other Buyer, and the Holder no Buyer shall not be responsible in any way for the performance of the obligations of any other holder of Series A September 2021 Warrants Buyer under this Agreement or any agreement contemplated herebyTransaction Document. Nothing contained herein or in any other agreementTransaction Document, and no action taken by the Holder any Buyer pursuant hereto or thereto, shall be deemed to constitute the Holder, the other holders of Series A September 2021 Warrants as, and the Company, and any subsidiary thereof (Buyers as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants do not so constitute, a partnership, an association, a joint venture or any other kind of group or entity, or create a presumption that they the Buyers are in any way acting in concert or as a group or entity, and the Company and any subsidiary shall not assert any such claim with in respect to of such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby or any matters, the Transaction Documents and the Company acknowledges on behalf of itself and any subsidiary thereof (as the case may be) acknowledges ShellCo that the Holder and the other holders of Series A September 2021 Warrants Buyers are not acting in concert or as a group, and the Company and any subsidiary thereof (as the case may be) shall not assert any such claim, with group in respect to of such obligations or the transactions contemplated by this Agreement or any other agreement contemplated herebythe Transaction Documents. The decision of the Holder to enter into this Agreement has been made by the Holder independently of any other holder of Series A September 2021 Warrants. The Holder acknowledges that no other holder of Series A September 2021 Warrants has acted as agent for the Holder in connection with the Holder making its entering into this Agreement and that no other holder of Series A September 2021 Warrants will be acting as agent of the Holder in connection with monitoring the Holder’s investment in the Exercised Warrants or Exercised Warrant Shares or enforcing its rights under this Agreement or any other agreement contemplated hereby. The Company and the Holder Each Buyer confirms that the Holder it has independently participated with the Company and its subsidiaries in the negotiation of the transaction contemplated hereby by this Amendment and the Transaction Documents with the advice of its own counsel and advisors, that it has independently determined to enter into the transactions contemplated hereby and thereby, that it is not relying on any advice from or evaluation by any other Buyer, and that it is not acting in concert with any other Buyer in making its purchase of Securities hereunder or in monitoring its investment in ShellCo. The Holder Buyers and, to its knowledge, the Company agree that no action taken by any Buyer pursuant hereto or to the other Transaction Documents, shall be deemed to constitute the Buyers as a partnership, an association, a joint venture or any other kind of entity or group, or create a presumption that the Buyers are in any way acting in concert or would deem such Buyers to be members of a "group" for purposes of Section 13(d) of the 1934 Act. The Buyers each confirm that they have not agreed to act together for the purpose of acquiring, holding, voting or disposing of equity securities of ShellCo. The Company has elected to provide all Buyers with the same terms and Transaction Documents for the convenience of the Company and not because it was required or requested to do so by any of the Buyers. The Company acknowledges on behalf of itself and ShellCo that such procedure in respect of the Transaction Documents in no way creates a presumption that the Buyers are in any way acting in concert or as a "group" for purposes of Section 13(d) of the 1934 Act in respect of the Transaction Documents or the transactions contemplated hereby or thereby. Except as otherwise set forth herein, in the Agreement or in the Transaction Documents, each Buyer shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement Amendment, or out of any other agreement contemplated herebythe Registration Rights Agreement, its Note, its Warrant and the right of set-off under the Guaranties, and it shall not be necessary for any other holder of Series A September 2021 Warrants Buyer to be joined as an additional party in any proceeding for such purpose.

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Holder and each other holder of Series A September 2021 Warrants Buyer under the Transaction Documents are several and not joint with the obligations of any other third party purchase or the Holder, Company’s securities under any other agreement between such third party purchaser and the Holder Company. Buyer shall not be responsible in any way for the performance of the obligations of any other holder third party purchaser of Series A September 2021 Warrants the Company’s securities under any such other agreement. The decision of the Buyer to purchase Common Shares pursuant to this Agreement or has been made by the Buyer independently of any agreement contemplated herebyother third party purchaser of the Company’s securities. Nothing contained herein or in any other agreementTransaction Document, and no action taken by the Holder Buyer pursuant hereto or thereto, shall be deemed to constitute the Holder, the other holders Buyer and any third party purchaser of Series A September 2021 Warrants as, and the Company, and any subsidiary thereof (’s securities as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants do not so constitute, a partnership, an association, a joint venture or any other kind of group entity or entitygroup, or create a presumption that they the Buyer and any third party purchaser of the Company’s securities are in any way acting in concert or as a group or entity, and the Company and any subsidiary shall not assert any such claim with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby or any matters, and the Company and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants are not acting in concert or as a group, and the Company and any subsidiary thereof (as the case may be) shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby. The decision of the Holder to enter into this Agreement has been made by the Holder independently of any other holder of Series A September 2021 Warrants. The Holder Buyer acknowledges that no other holder third party purchaser of Series A September 2021 Warrants the Company’s securities has acted as agent for the Holder Buyer in connection with the Holder making its entering into this Agreement investment hereunder and that no other holder third party purchaser of Series A September 2021 Warrants the Company’s securities will be acting as agent of the Holder Buyer in connection with monitoring the Holder’s its investment in the Exercised Warrants or Exercised Warrant Common Shares or enforcing its rights under this Agreement or any other agreement contemplated herebythe Transaction Documents. The Company and the Holder Buyer confirms that the Holder it has independently participated with the Company and its subsidiaries in the negotiation of the transaction transactions contemplated hereby with the advice of its own counsel and advisors. The Holder Buyer shall be entitled to independently protect and enforce its rights, rights (including, without limitation, the rights arising out of this Agreement or out of any the other agreement contemplated herebyTransaction Documents), and it shall not be necessary for any other holder third party purchaser of Series A September 2021 Warrants the Company’s securities to be joined as an additional party in any proceeding for such purpose. To the extent that any such third party purchasers purchase the same or similar securities as the Buyer hereunder or on the same or similar terms and conditions or pursuant to the same or similar documents, all such matters are solely in the control of the Company, not the action or decision of the Buyer, and would be solely for the convenience of the Company and not because it was required or requested to do so by the Buyer or any such third party purchaser. For clarification purposes only and without implication that the contrary would otherwise be true, the transactions contemplated by the Transaction Documents include only the transaction between the Company and the Buyer and do not include any other transaction between the Company and any other third party purchaser of the Company’s securities.