Justia Forms Business Contracts Contract Clauses No Fiduciary Duty No Fiduciary Duty Groups No Fiduciary Duty Clause Example from Business Contracts

No Fiduciary Duty Clause Example from Business Contracts

This example No Fiduciary Duty clause appears in 12 contracts from 11 companies

No Fiduciary Duty. Notwithstanding any pre-existing relationship, advisory or otherwise, between the parties or any oral representations or assurances previously or subsequently made by any of the Underwriters, the Company acknowledges and agrees that (i) nothing herein shall create a fiduciary or agency relationship between the Company, on the one hand, and the Underwriters, on the other hand; (ii) the Underwriters have been retained solely to act as underwriters and are not acting as advisors, expert or otherwis...e, to either the Company in connection with this offering, the sale of the Shares or any other services the Underwriters may be deemed to be providing hereunder, including, without limitation, with respect to the public offering price of the Shares; (iii) the relationship between the Company, on the one hand, and the Underwriters, on the other hand, is entirely and solely commercial, and the price of the Shares was established by the Company and the Underwriters based on discussions and arms' length negotiations and the Company understands and accepts the terms, risks and conditions of the transactions contemplated by this Agreement; (iv) any duties and obligations that the Underwriters may have to the Company shall be limited to those duties and obligations specifically stated herein; and (v) notwithstanding anything in this Agreement to the contrary, the Company acknowledges that the Underwriters may have financial interests in the success of the Offering that are not limited to the difference between the price to the public and the purchase price paid to the Company for the shares and such interests may differ from the interests of the Company, and the Underwriters have no obligation to disclose, or account to the Company for any benefit they may derive from such additional financial interests. The Company hereby waives and releases, to the fullest extent permitted by the applicable law, any claims it may have against the Underwriters with respect to any breach or alleged breach of fiduciary duty and agrees that the Underwriters 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 or any of its shareholders, managers, employees or creditors. View More

Found in First Guaranty Bancshares, Inc. contract

CATALYST BIOSCIENCES, INC. Contracts

Underwriting Agreement, dated February 13, 2020, by and between Catalyst Biosciences, Inc. and Raymond James & Associates, Inc., as representative of the several Underwriters... (Filed With SEC on February 14, 2020)

Adamis Pharmaceuticals Corp Contracts

Underwriting Agreement, dated September 18, 2020, by and between Adamis Pharmaceuticals Corporation and Raymond James & Associates, Inc., as representative of the underwriters... (Filed With SEC on September 18, 2020)

Mercantil Bank Holding Corp Contracts

Form of Underwriting Agreement (Filed With SEC on November 26, 2018)

MESA AIR GROUP INC Contracts

Underwriting Agreement by and among the Company, the selling shareholders party thereto, and Raymond James & Associates, Inc. and Merrill Lynch, Pierce, Fenner & Smith... (Filed With SEC on August 14, 2018)

Form of Underwriting Agreement (Filed With SEC on August 6, 2018)

SMARTFINANCIAL INC. Contracts

1,770,084 Shares SmartFinancial, Inc. Common Stock UNDERWRITING AGREEMENT (Filed With SEC on January 25, 2017)