Absence of Fiduciary Relationship Clause Example from Business Contracts

This example Absence of Fiduciary Relationship clause appears in 4 contracts from 3 companies

Absence of Fiduciary Relationship. The Company acknowledges and agrees that: (a) each Underwriter's responsibility to the Company is solely contractual in nature, the Representative has been retained solely to act as underwriter in connection with the sale of the Stock and no fiduciary, advisory or agency relationship between the Company and the Representative has been created in respect of any of the transactions contemplated by this Agreement, irrespective of whether the Representative has advised or is advising 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 Representative, 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 Representative and its affiliates are engaged in a broad range of transactions which may involve interests that differ from those of the Company and that the Representative has 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 Representative for breach of fiduciary duty or alleged breach of fiduciary duty and agrees that the Representative 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
Found in Tilray, Inc. contract
AMERICAN SUPERCONDUCTOR CORP Contracts

Underwriting Agreement, dated October 22, 2020, by and between American Superconductor Corporation and Oppenheimer & Co. Inc., as representative of the several underwriters named... (Filed With SEC on October 26, 2020)

VIVEVE MEDICAL, INC. Contracts

Underwriting Agreement, dated as of December 6, 2018, by and between Viveve Medical, Inc. and Cowen and Company, LLC, as representative of the underwriters named therein (Filed With SEC on December 10, 2018)

Underwriting Agreement, dated as of February 8, 2018, by and between Viveve Medical, Inc. and Cowen and Company, LLC, as representative of the underwriters named therein (Filed With SEC on February 8, 2018)

Tilray, Inc. Contracts

Form of U.S. Underwriting Agreement (Filed With SEC on July 17, 2018)