Absence of Fiduciary Relationship Clause Example with 895 Variations from Business Contracts
This page contains Absence of Fiduciary Relationship clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Absence of Fiduciary Relationship. The Company acknowledges and agrees that: (a) each Underwriter's responsibility to the Company is solely contractual in nature, the Underwriters have been retained solely to act as underwriter in connection with the sale of the Stock and no fiduciary, advisory or agency relationship between the Underwriters and the Company, or any other party, has been created in respect of any of the transactions contemplated by this Agreement, irrespective of whether any of the Underwriters has advised or is a...dvising the Company on other matters; (b) the price of the Stock set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives, and the Company is capable of evaluating and understanding, and understands and accepts, the terms, risks and conditions of the transactions contemplated by this Agreement; (c) it has been advised that the Representatives and their affiliates are engaged in a broad range of transactions which may involve interests that differ from those of the Company and that the Representatives have no obligation to disclose such interests and transactions to the Company by virtue of any fiduciary, advisory or agency relationship; and (d) it waives, to the fullest extent permitted by law, any claims it may have against the Representatives for breach of fiduciary duty or alleged breach of fiduciary duty and agrees that the Representatives shall have no liability (whether direct or indirect) to the Company in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on behalf of or in right of the Company, including stockholders, employees or creditors of the Company.View More
Variations of a "Absence of Fiduciary Relationship" Clause from Business Contracts
Absence of Fiduciary Relationship. The Each of the Company and the Operating Partnership acknowledges and agrees that: (a) each Underwriter's responsibility to the Company is solely contractual in nature, the Underwriters have been retained solely to act as underwriter underwriters in connection with the sale of the Stock Notes and that no fiduciary, advisory or agency relationship between the Underwriters Company, the Operating Partnership and the Company, or any other party, Underwriters has been created in respect of any of th...e transactions contemplated by this Agreement, irrespective of whether any of the Underwriters has have advised or is advising the Company or the Operating Partnership on other matters; 30 (b) the price of the Stock Notes set forth in this Agreement was established by the Company and the Operating Partnership following discussions and arms-length negotiations with the Representatives, Underwriters, and each of the Company and the Company Operating Partnership is capable of evaluating and understanding, understanding and understands understand and accepts, accept the terms, risks and conditions of the transactions contemplated by this Agreement; (c) it has been advised that the Representatives Underwriters and their respective affiliates are engaged in a broad range of transactions which that may involve interests that differ from those of the Company or the Operating Partnership and that the Representatives Underwriters have no obligation to disclose such interests and transactions to the Company or the Operating Partnership by virtue of any fiduciary, advisory or agency relationship; and (d) it waives, to the fullest extent permitted by law, any claims it may have against the Representatives Underwriters for breach of fiduciary duty or alleged breach of fiduciary duty and agrees that the Representatives Underwriters shall have no liability (whether direct or indirect) to the Company or the Operating Partnership in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on behalf of or in right of the Company, Company or the Operating Partnership, including stockholders, shareholders, partners, employees or creditors of the Company. Company or the Operating Partnership. View More
Absence of Fiduciary Relationship. The Company acknowledges Company, the Operating Partnership and agrees the Manager each acknowledge and agree that: (a) each Underwriter's responsibility to a. the Company Agent is acting solely contractual in nature, the Underwriters have been retained solely to act as underwriter agent in connection with the sale public offering of the Stock Placement Shares and in connection with each transaction contemplated by this Agreement and the process leading to such transactions, and no fiduciary, fi...duciary or advisory or agency relationship between the Underwriters Company, the Operating Partnership and the Company, Manager or any of their respective affiliates, stockholders (or other equity holders), creditors or employees or any other party, on the one hand, and the Agent, on the other hand, has been or will be created in respect of any of the transactions contemplated by this Agreement, irrespective of whether any of or not the Underwriters Agent has advised or is advising the Company Company, the Operating Partnership or the Manager on other matters; (b) matters, and the price of Agent has no obligation to the Stock Company with respect to the transactions contemplated by this Agreement except the obligations expressly set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives, and the Company Agreement; b. it is capable of evaluating and understanding, and understands and accepts, the terms, risks and conditions of the transactions contemplated by this Agreement; (c) c. The Agent has not provided any legal, accounting, regulatory or tax advice with respect to the transactions contemplated by this Agreement and it has been advised consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate; d. it is aware that the Representatives Agent and their its affiliates are engaged in a broad range of transactions which may involve interests that differ from those of the Company Company, the Operating Partnership and that the Representatives have Manager and the Agent has no obligation to disclose such interests and transactions to the Company Company, the Operating Partnership and the Manager by virtue of any fiduciary, advisory or agency relationship; relationship or otherwise; and (d) e. it waives, to the fullest extent permitted by law, any claims it may have against the Representatives Agent for breach of fiduciary duty or alleged breach of fiduciary duty in connection with the sale of Placement Shares under this Agreement and agrees that the Representatives Agent shall not have no any liability (whether direct or indirect) indirect, in contract, tort or otherwise) to the Company it in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on its behalf of or in right of it or the Company, including stockholders, the Operating Partnership or the Manager, or employees or creditors of Company, the Company. Operating Partnership or the Manager, other than in respect of the Agent's obligations under this Agreement and to keep information provided by the Company, the Operating Partnership or the Manager to the Agent and the Agent's counsel confidential to the extent not otherwise publicly available. View More
Absence of Fiduciary Relationship. The Company acknowledges and agrees the Guarantors acknowledge and agree that: (a) each Underwriter's responsibility to the Company is solely contractual in nature, the Underwriters The Purchasers have been retained solely to act as underwriter initial purchasers in connection with the sale initial purchase, offering and resale of the Stock Securities and that no fiduciary, advisory or agency relationship between the Underwriters Company, the Guarantors and the Company, or any other party, Purch...asers has been created in respect of any of the transactions contemplated by this Agreement, Agreement or the Preliminary Offering Memorandum or the Final Offering Memorandum, irrespective of whether any of the Underwriters has Purchasers have advised or is are advising the Company or the Guarantors on other matters; (b) the The purchase price of the Stock Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives, Purchasers and the Company, and the Company is capable of evaluating and understanding, understanding and understands and accepts, accepts the terms, risks and conditions of the transactions contemplated by this Agreement; (c) it has The Company and the Guarantors have been advised that the Representatives Purchasers and their respective affiliates are engaged in a broad range of transactions which may involve interests that differ from those of the Company and the Guarantors and that the Representatives Purchasers have no obligation to disclose such interests and transactions to the Company and the Guarantors by virtue of any fiduciary, advisory or agency relationship; and (d) it waives, The Company and the Guarantors waive, to the fullest extent permitted by law, any claims it they may have against the Representatives Purchasers for breach of fiduciary duty or alleged breach of fiduciary duty arising out of the transactions contemplated by this Agreement and agrees agree that the Representatives Purchasers shall have no liability (whether direct or indirect) to the Company or the Guarantors in respect of such a 24 fiduciary duty claim or to any person asserting a such fiduciary duty claim on behalf of or in right of the Company, Company and the Guarantors, including stockholders, employees or creditors of the Company. Company and the Guarantors. View More
Absence of Fiduciary Relationship. The Each of the Company and the Operating Partnership acknowledges and agrees that: (a) each Underwriter's responsibility to the Company is solely contractual in nature, the Underwriters have been retained solely to act as underwriter underwriters in connection with the sale of the Stock Notes and that no fiduciary, advisory or agency relationship between the Underwriters Company, the Operating Partnership and the Company, or any other party, Underwriters has been created in respect of any of th...e transactions contemplated by this Agreement, irrespective of whether any of the Underwriters has have advised or is advising the Company or the Operating Partnership on other matters; (b) the price of the Stock Notes set forth in this Agreement was established by the Company and the Operating Partnership following discussions and arms-length negotiations with the Representatives, Underwriters, and each of the Company and the Company Operating Partnership is capable of evaluating and understanding, understanding and understands understand and accepts, accept the terms, risks and conditions of the transactions contemplated by this Agreement; (c) it has been advised that the Representatives Underwriters and their respective affiliates are engaged in a broad range of transactions which that may involve interests that differ from those of the Company or the Operating Partnership and that the Representatives Underwriters have no obligation to disclose such interests and transactions to the Company or the Operating Partnership by virtue of any fiduciary, advisory or agency relationship; and (d) it waives, to the fullest extent permitted by law, any claims it may have against the Representatives Underwriters for breach of fiduciary duty or alleged breach of fiduciary duty and agrees that the Representatives Underwriters shall have no liability (whether direct or indirect) to the Company or the Operating Partnership in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on behalf of or in right of the Company, Company or the Operating Partnership, including stockholders, shareholders, partners, employees or creditors of the Company. Company or the Operating Partnership. View More
Absence of Fiduciary Relationship. The Company acknowledges and agrees the Guarantors acknowledge and agree that: (a) each Underwriter's responsibility to the Company is solely contractual in nature, the Underwriters The Purchasers have been retained solely to act as underwriter initial purchasers in connection with the sale initial purchase, offering and resale of the Stock Securities and that no fiduciary, advisory or agency relationship between the Underwriters Company, the Guarantors and the Company, or any other party, Purch...asers has been created in respect of any of the transactions contemplated by this Agreement, Agreement or the Preliminary Offering Memorandum or the Final Offering Memorandum, irrespective of whether any of the Underwriters has Purchasers have advised or is are advising the Company or the Guarantors on other matters; (b) the The purchase price of the Stock Securities set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives, Purchasers and the Company, and the Company is capable of evaluating and understanding, understanding and understands and accepts, accepts the terms, risks and conditions of the transactions contemplated by this Agreement; (c) it has The Company and the Guarantors have been advised that the Representatives Purchasers and their respective affiliates are engaged in a broad range of transactions which may involve interests that differ from those of the Company and the Guarantors and that the Representatives Purchasers have no obligation to disclose such interests and transactions to the Company and the Guarantors by virtue of any fiduciary, advisory or agency relationship; and 24 (d) it waives, The Company and the Guarantors waive, to the fullest extent permitted by law, any claims it they may have against the Representatives Purchasers for breach of fiduciary duty or alleged breach of fiduciary duty arising out of the transactions contemplated by this Agreement and agrees agree that the Representatives Purchasers shall have no liability (whether direct or indirect) to the Company or the Guarantors in respect of such a fiduciary duty claim or to any person asserting a such fiduciary duty claim on behalf of or in right of the Company, Company and the Guarantors, including stockholders, employees or creditors of the Company. Company and the Guarantors. View More
Absence of Fiduciary Relationship. The Company acknowledges and agrees the Operating Partnership each acknowledge and agree that: (a) each Underwriter's responsibility to the Company is solely contractual in nature, the (a)No Other Relationship. The Underwriters have been retained solely to act as underwriter underwriters in connection with the sale of the Stock Offered Securities and that no fiduciary, advisory or agency relationship between the Underwriters Company and the Company, or any Operating Partnership on the one hand, ...and the Underwriters on the other party, has been created in respect of any of the transactions contemplated by this Agreement, Agreement or the Prospectus, irrespective of whether any of the Underwriters has have advised or is advising the Company or the Operating Partnership on other matters; (b) the 23 (b)Arms' Length Negotiations. The price of the Stock Offered Securities set forth in this Agreement was established by the Company following discussions and arms-length arms' length negotiations with the Representatives, Underwriters, and the Company is or the Operating Partnership are capable of evaluating and understanding, understanding and understands and accepts, accepts the terms, risks and conditions of the transactions contemplated by this Agreement; (c) it has (c)Absence of Obligation to Disclose. The Company and the Operating Partnership have been advised that the Representatives Underwriters and their affiliates are engaged in a broad range of transactions which may involve interests that differ from those of the Company or the Operating Partnership, and that the Representatives Underwriters have no obligation to disclose such interests and transactions to the Company or the Operating Partnership by virtue of any fiduciary, advisory or agency relationship; and (d) it (d)Waiver. Each of the Company and the Operating Partnership waives, to the fullest extent permitted by law, any claims it they may have against the Representatives Underwriters for breach of fiduciary duty or alleged breach of fiduciary duty and agrees agree that the Representatives Underwriters shall have no liability (whether direct or indirect) to the Company and the Operating Partnership in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on behalf of or in right of the Company, Company or the Operating Partnership including stockholders, shareholders, employees or creditors of the Company. Company and the Operating Partnership. View More
Absence of Fiduciary Relationship. The Company Partnership acknowledges and agrees that: (a) a. each Underwriter's responsibility to the Company Agent is acting solely contractual in nature, the Underwriters have been retained solely to act as underwriter agent in connection with the sale public offering of the Stock Placement Units and in connection with each transaction contemplated by this 35 Agreement and the process leading to such transactions, and no fiduciary, fiduciary or advisory or agency relationship between the Under...writers and the Company, Partnership or any of its respective affiliates, unitholders (or other equity holders), creditors or employees or any other party, on the one hand, and any Agent, on the other hand, has been or will be created in respect of any of the transactions contemplated by this Agreement, irrespective of whether any of the Underwriters or not an Agent has advised or is advising the Company Partnership on other matters; (b) matters, and no Agent has any obligation to the price of Partnership with respect to the Stock transactions contemplated by this Agreement except the obligations expressly set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives, and the Company Agreement; b. it is capable of evaluating and understanding, and understands and accepts, the terms, risks and conditions of the transactions contemplated by this Agreement; (c) c. no Agent has provided any legal, accounting, regulatory or tax advice with respect to the transactions contemplated by this Agreement and it has been advised consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate; d. it is aware that the Representatives each Agent and their its affiliates are engaged in a broad range of transactions which may involve interests that differ from those of the Company Partnership and that the Representatives have no Agent has any obligation to disclose such interests and transactions to the Company Partnership by virtue of any fiduciary, advisory or agency relationship; relationship or otherwise; and (d) e. it waives, to the fullest extent permitted by law, any claims it they may have against the Representatives any Agent for breach of fiduciary duty or alleged breach of fiduciary duty in connection with the sale of Placement Units under this Agreement and agrees that the Representatives no Agent shall have no any liability (whether direct or indirect) indirect, in contract, tort or otherwise) to the Company it in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on its behalf of or in right of it or the Company, including stockholders, Partnership, employees or creditors of the Company. Partnership, other than in respect of such Agent's obligations under this Agreement and to keep information provided by the Partnership to such Agent and such Agent's counsel confidential to the extent not otherwise publicly-available. View More
Absence of Fiduciary Relationship. The Company Partnership acknowledges and agrees that: (a) a. each Underwriter's responsibility to the Company Agent is acting solely contractual in nature, the Underwriters have been retained solely to act as underwriter agent in connection with the sale public offering of the Stock Placement Units and in connection with each transaction contemplated by this Agreement and the process leading to such transactions, and no fiduciary, fiduciary or advisory or agency relationship between the Underwri...ters and the Company, Partnership or any of its respective affiliates, unitholders (or other equity holders), creditors or employees or any other party, on the one hand, and any Agent, on the other hand, has been or will be created in respect of any of the transactions contemplated by this Agreement, irrespective of whether any of the Underwriters or not an Agent has advised or is advising the Company Partnership on other matters; (b) matters, and no Agent has any obligation to the price of Partnership with respect to the Stock transactions contemplated by this Agreement except the obligations expressly set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives, and the Company Agreement; b. it is capable of evaluating and understanding, and understands and accepts, the terms, risks and conditions of the transactions contemplated by this Agreement; (c) c. no Agent has provided any legal, accounting, regulatory or tax advice with respect to the transactions contemplated by this Agreement and it has been advised consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate; d. it is aware that the Representatives each Agent and their its affiliates are engaged in a broad range of transactions which may involve interests that differ from those of the Company Partnership and that the Representatives have no Agent has any obligation to disclose such interests and transactions to the Company Partnership by virtue of any fiduciary, advisory or agency relationship; relationship or otherwise; and (d) 35 e. it waives, to the fullest extent permitted by law, any claims it they may have against the Representatives any Agent for breach of fiduciary duty or alleged breach of fiduciary duty in connection with the sale of Placement Units under this Agreement and agrees that the Representatives no Agent shall have no any liability (whether direct or indirect) indirect, in contract, tort or otherwise) to the Company it in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on its behalf of or in right of it or the Company, including stockholders, Partnership, employees or creditors of the Company. Partnership, other than in respect of such Agent's obligations under this Agreement and to keep information provided by the Partnership to such Agent and such Agent's counsel confidential to the extent not otherwise publicly-available. View More
Absence of Fiduciary Relationship. The Company Partnership acknowledges and agrees that: (a) a. each Underwriter's responsibility to the Company Agent is acting solely contractual in nature, the Underwriters have been retained solely to act as underwriter agent in connection with the sale public offering of the Stock Placement Units and in connection with each transaction contemplated by this Agreement and the process leading to such transactions, and no fiduciary, fiduciary or advisory or agency relationship between the Underwri...ters and the Company, Partnership or any of its respective affiliates, unitholders (or other equity holders), creditors or employees or any other party, on the one hand, and any Agent, on the other hand, has been or will be created in respect of any of the transactions contemplated by this Agreement, irrespective of whether any of the Underwriters or not an Agent has advised or is advising the Company Partnership on other matters; (b) matters, and no Agent has any obligation to the price of Partnership with respect to the Stock transactions contemplated by this Agreement except the obligations expressly set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives, and the Company Agreement; 35 b. it is capable of evaluating and understanding, and understands and accepts, the terms, risks and conditions of the transactions contemplated by this Agreement; (c) c. no Agent has provided any legal, accounting, regulatory or tax advice with respect to the transactions contemplated by this Agreement and it has been advised consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate; d. it is aware that the Representatives each Agent and their its affiliates are engaged in a broad range of transactions which may involve interests that differ from those of the Company Partnership and that the Representatives have no Agent has any obligation to disclose such interests and transactions to the Company Partnership by virtue of any fiduciary, advisory or agency relationship; relationship or otherwise; and (d) e. it waives, to the fullest extent permitted by law, any claims it they may have against the Representatives any Agent for breach of fiduciary duty or alleged breach of fiduciary duty in connection with the sale of Placement Units under this Agreement and agrees that the Representatives no Agent shall have no any liability (whether direct or indirect) indirect, in contract, tort or otherwise) to the Company it in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on its behalf of or in right of it or the Company, including stockholders, Partnership, employees or creditors of the Company. Partnership, other than in respect of such Agent's obligations under this Agreement and to keep information provided by the Partnership to such Agent and such Agent's counsel confidential to the extent not otherwise publicly-available. View More
Absence of Fiduciary Relationship. The Company Partnership acknowledges and agrees that: (a) a. each Underwriter's responsibility to the Company Agent is acting solely contractual in nature, the Underwriters have been retained solely to act as underwriter agent in connection with the sale public offering of the Stock Placement Units and in connection with each transaction contemplated by this Agreement and the process leading to such transactions, and no fiduciary, fiduciary or advisory or agency relationship between the Underwri...ters and the Company, Partnership or any of its respective affiliates, unitholders (or other equity holders), creditors or employees or any other party, on the one hand, and any Agent, on the other hand, has been or will be created in respect of any of the transactions contemplated by this Agreement, irrespective of whether any of the Underwriters or not an Agent has advised or is advising the Company Partnership on other matters; (b) matters, and no Agent has any obligation to the price of Partnership with respect to the Stock transactions contemplated by this Agreement except the obligations expressly set forth in this Agreement was established by the Company following discussions and arms-length negotiations with the Representatives, and the Company Agreement; 35 b. it is capable of evaluating and understanding, and understands and accepts, the terms, risks and conditions of the transactions contemplated by this Agreement; (c) c. no Agent has provided any legal, accounting, regulatory or tax advice with respect to the transactions contemplated by this Agreement and it has been advised consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate; d. it is aware that the Representatives each Agent and their its affiliates are engaged in a broad range of transactions which may involve interests that differ from those of the Company Partnership and that the Representatives have no Agent has any obligation to disclose such interests and transactions to the Company Partnership by virtue of any fiduciary, advisory or agency relationship; relationship or otherwise; and (d) e. it waives, to the fullest extent permitted by law, any claims it they may have against the Representatives any Agent for breach of fiduciary duty or alleged breach of fiduciary duty in connection with the sale of Placement Units under this Agreement and agrees that the Representatives no Agent shall have no any liability (whether direct or indirect) indirect, in contract, tort or otherwise) to the Company it in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on its behalf of or in right of it or the Company, including stockholders, Partnership, employees or creditors of the Company. Partnership, other than in respect of such Agent's obligations under this Agreement and to keep information provided by the Partnership to such Agent and such Agent's counsel confidential to the extent not otherwise publicly-available. View More
