No Fiduciary Duty Clause Example from Business Contracts

No Fiduciary Duty. The Company and the Adviser hereby acknowledge and agree that (a) the purchase and sale of any Securities pursuant to this Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm's-length commercial transaction between the Company, on the one hand, and the Sales Agents of such Securities, and any affiliate through which an Sales Agent may be acting, on the other hand, (b) in connection with the public offering of ...the Securities and the process leading to such transaction the Sales Agents will act solely as principals and independent contractors, and not as agents or fiduciaries of the Company or its stockholders, creditors, employees or any other party or in any other capacity, (c) the Sales Agents will not assume an advisory or fiduciary responsibility in favor of the Company with respect to the offering of Securities contemplated hereby or the process leading thereto (irrespective of whether the Sales Agents have advised or are currently advising the Company on other matters) and the Sales Agents will not have any obligation to the Company with respect to the offering except the obligations expressly set forth herein, (d) the Sales Agents and their affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (e) the Sales Agents have not provided and will not provide any legal, accounting, regulatory or tax advice with respect to the offering of the Securities and the Company has consulted and will consult its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate. View More