No Fiduciary Duty Clause Example from Business Contracts

This example No Fiduciary Duty clause appears in 5 contracts from 2 companies

No Fiduciary Duty. The Company acknowledges and agrees that in connection with this offering, sale of the Securities or any other services the Underwriters may be deemed to be providing hereunder, notwithstanding any preexisting relationship, advisory or otherwise, between the parties or any oral representations or assurances previously or subsequently made by the Underwriters: (i) no fiduciary or agency relationship between the Company and any other person, on the one hand, and the Underwriters, on the other, exi...sts; (ii) the Underwriters are not acting as advisors, expert or otherwise, to the Company, including, without limitation, with respect to the determination of the public offering price of the Securities, and such relationship between the Company, on the one hand, and the Underwriters, on the other, is entirely and solely commercial and based on arms-length negotiations; (iii) any duties and obligations that the Underwriters may have to the Company shall be limited to those duties and obligations specifically stated herein; and (iv) the Underwriters and their respective affiliates may have interests that differ from those of the Company. The Company hereby waives any claims that the Company may have against the Underwriters with respect to any breach of fiduciary duty in connection with this offering. 19 12. Representations and Indemnities to Survive. The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 8 hereof, and will survive delivery of and payment for the Securities. The provisions of Sections 8 and 10(b) hereof shall survive the termination or cancellation of this Agreement. View More
Found in Eversource Energy contract
Eversource Energy Contracts

Underwriting Agreement, dated August 10, 2021, among Eversource Energy and the Underwriters named therein (Filed With SEC on August 13, 2021)

Series V Underwriting Agreement, dated February 22, 2022, among Eversource Energy and the Underwriters named therein (Filed With SEC on February 25, 2022)

Underwriting Agreement, dated June 22, 2022, among Eversource Energy and the Underwriters named therein (Filed With SEC on June 27, 2022)

NSTAR ELECTRIC CO Contracts

Underwriting Agreement, dated May 12, 2022, between NSTAR Electric Company, doing business as Eversource Energy, and Barclays Capital Inc., BNY Mellon Capital Markets, LLC, BofA... (Filed With SEC on May 17, 2022)

Underwriting Agreement, dated September 12, 2022, between NSTAR Electric Company, doing business as Eversource Energy, and BofA Securities, Inc., J.P. Morgan Securities LLC,... (Filed With SEC on September 15, 2022)