No Fiduciary Relationship Clause Example from Business Contracts

This example No Fiduciary Relationship clause appears in 7 contracts from 7 companies

No Fiduciary Relationship. Notwithstanding any preexisting relationship, advisory or otherwise, between the parties or any oral representations or assurances previously or subsequently made by the Underwriters, the Company acknowledges and agrees that (i) the purchase and sale of the Shares pursuant to this Agreement (including the determination of the terms of the offering of the Shares) is an arm's-length commercial transaction between the Company and the several Underwriters, (ii) in connection therewith and with the p...rocess leading to such transaction, each Underwriter is acting solely as a principal and not the agent or fiduciary of the Company, (iii) no Underwriter has assumed an advisory or fiduciary responsibility in favor of the Company 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 on other matters) or any other obligation to the Company except the obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company and have no obligation to disclose or account to the Company for any of such differing interests, and (v) the Company has consulted its own legal, tax, accounting and financial advisors to the extent it deemed appropriate. The Company hereby agrees that it will not claim that the Underwriters, or any of them, have rendered advisory services of any nature or respect, or owe a fiduciary or similar duty to the Company, in connection with such transaction or the process leading thereto. View More
Found in AXT INC contract
Ultra Clean Holdings, Inc. Contracts

Underwriting Agreement dated January 30, 2018 by and among the Company and Needham & Company, LLC and Cowen and Company, LLC, as representatives of the several underwriters named... (Filed With SEC on February 2, 2018)

AXT INC Contracts

4,615,385 Shares* AXT, INC. Common Stock UNDERWRITING AGREEMENT (Filed With SEC on March 7, 2017)

Turtle Beach Corp Contracts

4,000,000 Shares* PARAMETRIC SOUND CORPORATION Common Stock UNDERWRITING AGREEMENT (Filed With SEC on April 29, 2014)

VITESSE SEMICONDUCTOR CORP Contracts

7,462,675 Shares* VITESSE SEMICONDUCTOR CORPORATION Common Stock UNDERWRITING AGREEMENT (Filed With SEC on June 12, 2014)

ADESTO TECHNOLOGIES Corp Contracts

4,375,000 Shares* ADESTO TECHNOLOGIES CORPORATION Common Stock UNDERWRITING AGREEMENT (Filed With SEC on June 15, 2017)

Upland Software, Inc. Contracts

1,860,465 Shares* Upland Software, Inc. Common Stock UNDERWRITING AGREEMENT (Filed With SEC on June 7, 2017)

ANADIGICS INC Contracts

10,000,000 Shares* ANADIGICS, INC. Common Stock UNDERWRITING AGREEMENT (Filed With SEC on March 14, 2013)