No Fiduciary Relationship Clause Example from Business Contracts

This example No Fiduciary Relationship clause appears in 11 contracts from 2 companies

No Fiduciary Relationship. The Company and the Operating Partnership acknowledge and agree that (a) the purchase and sale of the Securities pursuant to this Agreement, including the determination of the offering price of the Securities and any related discounts and commissions, is an arm's-length commercial transaction between the Company and the Operating Partnership, on the one hand, and the several Underwriters, on the other hand, (b) in connection with the offering contemplated hereby and the process leading to such t...ransaction each Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company or the Operating Partnership, or its stockholders, partners, creditors, employees or any other party, (c) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Company or the Operating Partnership with respect to the offering contemplated hereby except the obligations expressly set forth in this Agreement, (d) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of each of the Company and the Operating Partnership, and (e) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Operating Partnership have consulted with their own legal, accounting, regulatory and tax advisors to the extent the Company and the Operating Partnership deemed appropriate. View More
ESSEX PORTFOLIO LP Contracts

Underwriting Agreement, dated June 17, 2020, among Essex Portfolio, L.P., Essex Property Trust, Inc., and U.S. Bancorp Investments, Inc. and Jefferies LLC, as representatives of... (Filed With SEC on June 19, 2020)

Underwriting Agreement, dated August 10, 2020, among Essex Portfolio, L.P., Essex Property Trust, Inc., and Wells Fargo Securities, LLC, Citigroup Global Markets Inc., J.P. Morgan... (Filed With SEC on August 11, 2020)

Underwriting Agreement, dated February 22, 2021, among Essex Portfolio, L.P., Essex Property Trust, Inc., and Wells Fargo Securities, LLC, Citigroup Global Markets Inc., J.P.... (Filed With SEC on February 23, 2021)

Underwriting Agreement, dated May 17, 2021, among Essex Portfolio, L.P., Essex Property Trust, Inc., and Wells Fargo Securities, LLC, Citigroup Global Markets Inc., J.P. Morgan... (Filed With SEC on May 18, 2021)

Essex Portfolio, L.P. (a California limited partnership) $450,000,000 3.375% Senior Notes due 2026 fully and unconditionally guaranteed by Essex Property Trust, Inc. (Filed With SEC on April 5, 2016)

Essex Portfolio, L.P. (a California limited partnership) $350,000,000 3.625% Senior Notes due 2027 fully and unconditionally guaranteed by Essex Property Trust, Inc. (Filed With SEC on April 4, 2017)

Underwriting Agreement, dated April 8, 2013, among Essex Portfolio, L.P., Essex Property Trust, Inc., and Citigroup Global Markets Inc., J.P. Morgan Securities LLC and Wells Fargo... (Filed With SEC on April 11, 2013)