Absence of Fiduciary Relationship Clause Example from Business Contracts

This example Absence of Fiduciary Relationship clause appears in 8 contracts from 8 companies

Absence of Fiduciary Relationship. The Company acknowledges and agrees that: (a) the Agent is acting solely as agent in connection with the public offering of the Placement Shares and in connection with each transaction contemplated by this Agreement and the process leading to such transactions, and no fiduciary or advisory relationship between the Company or any of its 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 b...een or will be created in respect of any of the transactions contemplated by this Agreement, irrespective of whether or not the Agent has advised or is advising the Company on other matters, and the Agent has no obligation to the Company with respect to the transactions contemplated by this Agreement except the obligations expressly set forth in this 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) neither the Agent nor its affiliates have provided any legal, accounting, regulatory or tax advice with respect to the transactions contemplated by this Agreement and it has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate; (d) it is aware that the Agent and its affiliates are engaged in a broad range of transactions which may involve interests that differ from those of the Company and the Agent and its affiliates have no obligation to disclose such interests and transactions to the Company by virtue of any fiduciary, advisory or agency relationship or otherwise; and (e) it waives, to the fullest extent permitted by law, any claims it may have against the Agent or its affiliates 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 Agent and its affiliates shall not have any liability (whether direct or indirect, in contract, tort or otherwise) to it in respect of such a fiduciary duty claim or to any person asserting a fiduciary duty claim on its behalf or in right of it or the Company, employees or creditors of Company. View More

Found in HUMANIGEN, INC contract

Foamix Pharmaceuticals Ltd. Contracts

Controlled Equity Offering Sales AgreementSM, dated August 19, 2019, by and between Foamix Pharmaceuticals Ltd. and Cantor Fitzgerald & Co (Filed With SEC on August 19, 2019)

MAGNEGAS APPLIED TECHNOLOGY SOLUTIONS, INC. Contracts

Sales Agreement (Filed With SEC on February 12, 2020)

EyePoint Pharmaceuticals, Inc. Contracts

Controlled Equity OfferingSM Sales Agreement, dated August 5, 2020, by and between EyePoint Pharmaceuticals, Inc. and Cantor Fitzgerald & Co (Filed With SEC on August 5, 2020)

HUMANIGEN, INC Contracts

Controlled Equity OfferingSM Sales Agreement, dated December 31, 2020, by and between the Company and Cantor Fitzgerald & Co (Filed With SEC on December 31, 2020)

Spero Therapeutics, Inc. Contracts

Controlled Equity Offering Sales Agreement, dated March 11, 2021, by and between the Registrant and Cantor Fitzgerald & Co (Filed With SEC on March 11, 2021)

Amplitude Healthcare Acquisition Corp Contracts