Individual Performance. Notwithstanding anything in this Agreement to the contrary, no Stockholder shall be responsible or liable for the failure of any other Stockholder to comply with its obligations hereunder. Nothing in this Agreement shall be interpreted as creating a “group” (as such term is defined in the rules promulgated under the Securities Exchange Act of 1934, as amended) among the Stockholders.
Appears in 2 contracts
Sources: Proxy and Voting Agreement (Herbst Gaming Inc), Proxy and Voting Agreement (Sands Regent)