Common use of No Assurances Clause in Contracts

No Assurances. The COMPANY and the STOCKHOLDERS acknowledge and agree ------------- that (i) there exists no firm commitment, binding agreement, or promise or other assurance of any kind, whether express or implied, oral or written, that any Registration Statement filed in connection with the IPO (the "Registration Statement") will become effective or that the IPO pursuant thereto will occur at a particular price or within a particular range of prices or will occur at all; (ii) neither HDS nor any of its officers, directors, agents or representatives nor any prospective underwriters in the IPO (the "Underwriters") shall have any liability to the COMPANY, the STOCKHOLDERS or any other person affiliated or associated with the COMPANY for any failure of the Registration Statement to become effective, or of the IPO to occur at a particular price or within a particular range of prices or to occur at all; and (iii) the decision of the STOCKHOLDERS to enter into this Agreement, or to vote in favor of or consent to the proposed Merger, has been made independent of, and without reliance upon, any statements, opinions or other communications of, or due diligence investigations which have been or will be made or performed by any prospective Underwriter, relative to HDS or the prospective IPO. The Underwriters shall have no obligation to the STOCKHOLDERS with respect to any disclosure contained in the Registration Statement.

No Assurances. The COMPANY and the STOCKHOLDERS acknowledge and ------------- agree ------------- that (i) there exists no firm commitment, binding agreement, or promise or other assurance of any kind, whether express or implied, oral or written, that any Registration Statement filed in connection with the IPO (the "Registration Statement") will become effective or that the IPO pursuant thereto will occur at a particular price or within a particular range of prices or will occur at all; (ii) neither HDS nor any none of its HDS, HDSU or their respective officers, directors, agents or representatives nor any prospective underwriters in the IPO (the "Underwriters") shall have any liability to the COMPANY, the STOCKHOLDERS or any other person affiliated or associated with the COMPANY for any failure of the Registration Statement to become effective, or of the IPO to occur at a particular price or within a particular range of prices or to occur at all; and (iii) the decision of the STOCKHOLDERS to enter into this Agreement, or to vote in favor of or consent to the proposed Merger, has been made independent of, and without reliance upon, any statements, opinions or other communications of, or due diligence investigations which have been or will be made or performed by any prospective Underwriter, relative to HDS HDS, HDSU or the prospective IPO. The Underwriters shall have no obligation to the STOCKHOLDERS with respect to any disclosure contained in the Registration Statement.

No Assurances. The COMPANY and the STOCKHOLDERS acknowledge and ------------- agree ------------- that (i) there exists no firm commitment, binding agreement, or promise or other assurance of any kind, whether express or implied, oral or written, that any Registration Statement filed in connection with the IPO (the "Registration Statement") will become effective or that the IPO pursuant thereto will occur at a particular price or within a particular range of prices or will occur at all; (ii) neither none of HDS nor any of its respective officers, directors, agents or representatives nor any prospective underwriters in the IPO (the "Underwriters") shall have any liability to the COMPANY, the STOCKHOLDERS or any other person affiliated or associated with the COMPANY for any failure of the Registration Statement to become effective, or of the IPO to occur at a particular price or within a particular range of prices or to occur at all; and (iii) the decision of the STOCKHOLDERS to enter into this Agreement, or to vote in favor of or consent to the proposed Merger, has been made independent of, and without reliance upon, any statements, opinions or other communications of, or due diligence investigations which have been or will be made or performed by any prospective Underwriter, relative to HDS or the prospective IPO. The Underwriters shall have no obligation to the STOCKHOLDERS with respect to any disclosure contained in the Registration Statement, except as may be otherwise provided in the Underwriting Agreement, a copy of which will be provided to the COMPANY.

No Assurances. The COMPANY and the STOCKHOLDERS acknowledge and ------------- agree ------------- that (i) there exists no firm commitment, binding agreement, or promise or other assurance of any kind, whether express or implied, oral or written, that any Registration Statement filed in connection with the IPO (the "Registration Statement") will become effective or that the IPO pursuant thereto will occur at a particular price or within a particular range of prices or will occur at all; (ii) neither HDS nor any none of its HDS, ERF or their respective officers, directors, agents or representatives nor any prospective underwriters in the IPO (the "Underwriters") shall have any liability to the COMPANY, the STOCKHOLDERS or any other person affiliated or associated with the COMPANY for any failure of the Registration Statement to become effective, or of the IPO to occur at a particular price or within a particular range of prices or to occur at all; and (iii) the decision of the STOCKHOLDERS to enter into this Agreement, or to vote in favor of or consent to the proposed Merger, has been made independent of, and without reliance upon, any statements, opinions or other communications of, or due diligence investigations which have been or will be made or performed by any prospective Underwriter, relative to HDS HDS, ERF or the prospective IPO. The Underwriters shall have no obligation to the STOCKHOLDERS with respect to any disclosure contained in the Registration Statement, except as may be set forth in the Underwriting Agreement.

No Assurances. The COMPANY and the STOCKHOLDERS acknowledge and agree ------------- that (i) there exists no firm commitment, binding agreement, or promise or other assurance of any kind, whether express or implied, oral or written, that any Registration Statement filed in connection with the IPO (the "Registration Statement") will become effective or that the IPO pursuant thereto will occur at a particular price or within a particular range of prices or will occur at all; (ii) neither HDS nor any of its officers, directors, agents or representatives nor any prospective underwriters in the IPO (the "Underwriters") shall have any liability to the COMPANY, the STOCKHOLDERS or any other person affiliated or associated with the COMPANY for any failure of the Registration Statement to become effective, or of the IPO to occur at a particular price or within a particular range of prices or to occur at all; and (iii) the decision of the STOCKHOLDERS to enter into this Agreement, or to vote in favor of or consent to the proposed Merger, has been made independent of, and without reliance upon, any statements, opinions or other communications of, or due diligence investigations which have been or will be made or performed by by, any prospective Underwriter, relative to HDS or the prospective IPO. The Underwriters shall have no obligation to the STOCKHOLDERS with respect to any disclosure contained in the Registration Statement.