THE OTHER INVESTORS ARE IN ANY WAY ACTING IN
CONCERT OR AS A GROUP WITH RESPECT TO SUCH OBLIGATIONS OR THE TRANSACTIONS
CONTEMPLATED BY THIS AGREEMENT.
INVESTOR ACKNOWLEDGES THAT NO OTHER INVESTOR
HAS ACTED AS AGENT FOR SUCH INVESTOR IN CONNECTION WITH MAKING ITS INVESTMENT
HEREUNDER AND THAT NO OTHER INVESTOR WILL BE ACTING AS AGENT OF SUCH INVESTOR IN
CONNECTION WITH MONITORING ITS INVESTMENT IN THE SHARES OR ENFORCING ITS RIGHTS
UNDER THIS AGREEMENT.
INVESTOR SHALL BE ENTITLED TO INDEPENDENTLY PROTECT AND
ENFORCE ITS RIGHTS, INCLUDING WITHOUT LIMITATION THE RIGHTS ARISING OUT OF THIS
AGREEMENT AND IT SHALL NOT BE NECESSARY FOR ANY OTHER INVESTOR TO BE JOINED AS
AN ADDITIONAL PARTY IN ANY PROCEEDING FOR SUCH PURPOSE.
THE COMPANY
ACKNOWLEDGES THAT EACH OF THE INVESTOR AND THE OTHER INVESTORS HAS BEEN PROVIDED
WITH THE AGREEMENT FOR THE PURPOSE OF CLOSING A TRANSACTION WITH MULTIPLE
INVESTORS AND NOT BECAUSE IT WAS REQUIRED OR REQUESTED TO DO SO BY THE INVESTOR
OR THE OTHER INVESTORS.
6.16.
LIMITATION ON LIABILITY.
A COPY OF THE AGREEMENT AND DECLARATION
OF TRUST OF THE INVESTOR IS ON FILE WITH THE SECRETARY OF THE COMMONWEALTH OF
MASSACHUSETTS AND NOTICE IS
23
HEREBY GIVEN THAT THIS AGREEMENT IS EXECUTED ON BEHALF OF THE TRUSTEES OF THE
INVESTOR AS TRUSTEES AND NOT INDIVIDUALLY AND THAT THE OBLIGATIONS OF THIS
AGREEMENT ARE NOT BINDING UPON ANY OF THE TRUSTEES, OFFICERS OR STOCKHOLDERS OF
THE INVESTOR INDIVIDUALLY BUT ARE BINDING ONLY UPON THE ASSETS AND PROPERTY OF
THE INVESTOR.
THE COMPANY IS EXPRESSLY PUT ON NOTICE THAT THE RIGHTS AND
OBLIGATIONS OF EACH SERIES OF SHARES OF THE INVESTOR UNDER ITS DECLARATION OF
TRUST ARE SEPARATE AND DISTINCT FROM THOSE OF ANY AND ALL OTHER SERIES.
6.17
Publicity.
The Company agrees that it will not use in advertising
or publicity the names of the Investor, Fidelity Management & Research Company,
any of its partners or employees, any of the funds or accounts managed by it or
any of its affiliates, or any trade name, trademark, trade device, service mark,
symbol or any abbreviation, contraction or simulation thereof (collectively, the
"Fidelity Investor Name"), in any case without the prior written consent of
Fidelity Management & Research Company Investor; provided, however, that the
Company shall be permitted to use the Fidelity Investor Name in the press
release and/or other public disclosure contemplated in Section 4.3.
[SIGNATURE PAGES FOLLOW]
24
COMPANY SIGNATURE PAGE TO STOCK PURCHASE AGREEMENT
IN WITNESS WHEREOF, the parties have caused this Stock Purchase
Agreement to be duly executed as of the date first written above.
INVERNESS MEDICAL INNOVATIONS, INC.
By:
Name:
Title:
Amount of Subscription
Accepted
$
INVESTOR SIGNATURE PAGE TO STOCK PURCHASE AGREEMENT
* SEE SCHEDULE OF INVESTORS BELOW
(print full legal name of Investor)
By:
(signature of authorized representative)
Name:
Its:
Address:
Telephone:
Email:
Tax I.D. or SSN:
Address where Shares should be sent (if different from above):
NUMBER OF SHARES SUBSCRIBED FOR:
AGGREGATE PURCHASE PRICE:
INVESTOR SIGNATURE PAGE TO STOCK PURCHASE