Common use of Placement Agents Clause in Contracts

Placement Agents. The Company hereby acknowledges and agrees that (i) each Placement Agent is acting solely as placement agent in connection with the execution, delivery and performance of the Transaction Documents and is not acting as an underwriter, initial purchaser, dealer or in any other such capacity and is not and shall not be construed as a fiduciary for such Investor, the Company or any other person or entity in connection with the execution, delivery and performance of the Transaction Documents, (ii) each Placement Agent has not made nor will make any representation or warranty, whether express or implied, of any kind or character and each Placement Agent has not provided any advice or recommendation in connection with the execution, delivery and performance of the Transaction Documents and (iii) each Placement Agent will not have any responsibility with respect to (A) any representations, warranties or agreements made by any person or entity under or in connection with the execution, delivery and performance of the Transaction Documents, or the execution, legality, validity or enforceability (with respect to any person) thereof, or (B) the business, affairs, financial condition, operations or properties of, or any other matter concerning the Company.

Placement Agents. The Company hereby acknowledges and agrees that (i) each Placement Agent is acting solely as placement agent in connection with the execution, delivery and performance of the Transaction Documents and is not acting as an underwriter, initial purchaser, dealer or in any other such capacity and is not and shall not be construed as a fiduciary for such Investor, the Company or any other person or entity in connection with the execution, delivery and performance of the Transaction Documents, (ii) each Placement Agent has not made nor will make any representation or warranty, whether express or implied, of any kind or character and each Placement Agent has not provided any advice or recommendation in connection with the execution, delivery and performance of the Transaction Documents and (iii) each Placement Agent will not have any responsibility with respect to (A) any representations, warranties or agreements made by any person or entity under or in connection with the execution, delivery and performance of the Transaction Documents, or the execution, legality, validity or enforceability (with respect to any person) thereof, or (B) the business, affairs, financial condition, operations or properties of, or any other matter concerning the Company.. 4.38

Placement Agents. The Company Such Purchaser hereby acknowledges and agrees that it has independently evaluated the merits of its decisions to purchase the Purchased Stock and that (ia) each the Placement Agent is Agents are acting solely as placement agent agents in connection with the execution, delivery and performance of the Transaction Documents Agreement and is are not acting as an underwriter, initial purchaser, dealer underwriters or in any other such capacity and is are not and shall not be construed as a fiduciary for such InvestorPurchaser, the Company or any other person or entity in connection with the execution, execution delivery and performance of the Transaction DocumentsAgreement, (iib) each the Placement Agent has Agents have not made nor and will not make any representation or warranty, whether express or implied, of any kind or character character, and each Placement Agent has have not provided any advice or recommendation in connection with the execution, delivery and performance of the Transaction Documents Agreement and (iiic) each the Placement Agent Agents will not have any responsibility with respect to (Ai) any representations, warranties or agreements made by any person or entity under or in connection with the execution, delivery and performance of the Transaction DocumentsAgreement, or the execution, legality, validity or enforceability (with respect to any person) thereof, or (Bii) the business, affairs, financial condition, operations operations, properties or properties prospects of, or any other matter concerning the Company.

Placement Agents. The Company Such Investor hereby acknowledges and agrees that it has independently evaluated the merits of its decision to purchase the Shares, and that (ia) each the Placement Agent is Agents are acting solely as placement agent agents in connection with the execution, delivery and performance of the Transaction Documents and is are not acting as an underwriter, initial purchaser, dealer underwriter or in any other such capacity and is not and shall not be construed as a fiduciary for such Investor, the Company or any other person or entity Person in connection with the execution, delivery and performance of the Transaction Documents, (iib) each the Placement Agent has Agents have not made nor and will not make any representation or warranty, whether express or implied, of any kind or character and each Placement Agent has not provided any advice or recommendation in connection with the execution, delivery and performance of the Transaction Documents and (iiic) each the Placement Agent Agents will not have any responsibility with respect to (Ai) any representations, warranties or agreements made by any person or entity Person under or in connection with the execution, delivery and performance of the Transaction Documents, or the execution, legality, validity or enforceability (with respect to any personPerson) thereof, or (Bii) the business, affairs, financial condition, operations operations, properties or properties prospects of, or any other matter concerning the Company.