Research Analyst Independence Clause Example with 287 Variations from Business Contracts
This page contains Research Analyst Independence clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Research Analyst Independence. The Company acknowledges that the Underwriters' research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such Underwriters' research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company and/or the Offering that differ from the views of their respective investment banking division...s. The Company hereby waives and releases, to the fullest extent permitted by law, any claims that the Company may have against the Underwriters with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company by the such Underwriters' investment banking divisions. The Company acknowledges that each of the Underwriters is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies that may be the subject of the transactions contemplated by this Agreement.View More
Variations of a "Research Analyst Independence" Clause from Business Contracts
Research Analyst Independence. The Company acknowledges General Partner and the Partnership acknowledge that the Underwriters' research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such the Underwriters' research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company Partnership and/or the Offering offering t...hat differ from the views of their respective investment banking divisions. The Company General Partner and the Partnership hereby waives waive and releases, release, to the fullest extent permitted by law, any claims that the Company General Partner or the Partnership may have against the Underwriters with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company General Partner or the Partnership by the such Underwriters' investment banking divisions. The Company acknowledges General Partner and the Partnership acknowledge that each of the Underwriters is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies Partnership and its subsidiaries. 30 13. No Fiduciary Obligation. The General Partner and the Partnership acknowledge and agree that in connection with this offering, the sale of the Notes or any other services the Underwriters may be deemed to be providing hereunder, notwithstanding any preexisting relationship, advisory or otherwise, between the subject parties or any oral representations or assurances previously or subsequently made by the Underwriters: (i) no fiduciary or agency relationship between the General Partner, the Partnership or any other person, on the one hand, and the Underwriters, on the other, exists; (ii) the Underwriters are not acting as advisors, expert or otherwise, to either the General Partner or the Partnership, including, without limitation, with respect to the determination of the transactions contemplated by public offering price of the Notes, and such relationship between the General Partner and the Partnership, on the one hand, and the Underwriters, on the other, is entirely and solely commercial, based on arms-length negotiations; (iii) any duties and obligations that the Underwriters may have to the General Partner or the Partnership 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 General Partner and the Partnership. The General Partner and the Partnership hereby waive any claims that the General Partner or the Partnership may have against the Underwriters with respect to any breach of fiduciary duty in connection with this Agreement. offering. View More
Research Analyst Independence. The Company acknowledges General Partner and the Partnership acknowledge that the Underwriters' research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such the Underwriters' research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company Partnership and/or the Offering offering t...hat differ from the views of their respective investment banking divisions. The Company General Partner and the Partnership hereby waives waive and releases, release, to the fullest extent permitted by law, any claims that the Company General Partner or the Partnership may have against the Underwriters with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company General Partner or the Partnership by the such Underwriters' investment banking divisions. The Company acknowledges General Partner and the Partnership acknowledge that each of the Underwriters is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies Partnership and its subsidiaries. 28 13. No Fiduciary Obligation. The General Partner and the Partnership acknowledge and agree that in connection with this offering, the sale of the Notes or any other services the Underwriters may be deemed to be providing hereunder, notwithstanding any preexisting relationship, advisory or otherwise, between the subject parties or any oral representations or assurances previously or subsequently made by the Underwriters: (i) no fiduciary or agency relationship between the General Partner, the Partnership or any other person, on the one hand, and the Underwriters, on the other, exists; (ii) the Underwriters are not acting as advisors, expert or otherwise, to either the General Partner or the Partnership, including, without limitation, with respect to the determination of the transactions contemplated by public offering price of the Notes, and such relationship between the General Partner and the Partnership, on the one hand, and the Underwriters, on the other, is entirely and solely commercial, based on arms-length negotiations; (iii) any duties and obligations that the Underwriters may have to the General Partner or the Partnership 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 General Partner and the Partnership. The General Partner and the Partnership hereby waive any claims that the General Partner or the Partnership may have against the Underwriters with respect to any breach of fiduciary duty in connection with this Agreement. offering. View More
Research Analyst Independence. The Company acknowledges General Partner and the Partnership acknowledge that the Underwriters' research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such the Underwriters' research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company Partnership and/or the Offering offering t...hat differ from the views of their respective investment banking divisions. The Company General Partner and the Partnership hereby waives waive and releases, release, to the fullest extent permitted by law, any claims that the Company General Partner or the Partnership may have against the Underwriters with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company General Partner or the Partnership by the such Underwriters' investment banking divisions. The Company acknowledges General Partner and the Partnership acknowledge that each of the Underwriters is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies Partnership and its subsidiaries. 31 13. No Fiduciary Obligation. The General Partner and the Partnership acknowledge and agree that in connection with this offering, the sale of the Units or any other services the Underwriters may be deemed to be providing hereunder, notwithstanding any preexisting relationship, advisory or otherwise, between the subject parties or any oral representations or assurances previously or subsequently made by the Underwriters: (i) no fiduciary or agency relationship between the General Partner, the Partnership or any other person, on the one hand, and the Underwriters, on the other, exists; (ii) the Underwriters are not acting as advisors, expert or otherwise, to either the General Partner or the Partnership, including, without limitation, with respect to the determination of the transactions contemplated by public offering price of the Units, and such relationship between the General Partner and the Partnership, on the one hand, and the Underwriters, on the other, is entirely and solely commercial, based on arms-length negotiations; (iii) any duties and obligations that the Underwriters may have to the General Partner or the Partnership 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 General Partner and the Partnership. The General Partner and the Partnership hereby waive any claims that the General Partner or the Partnership may have against the Underwriters with respect to any breach of fiduciary duty in connection with this Agreement. offering. View More
Research Analyst Independence. The Company Partnership acknowledges that (a) the Underwriters' Managers' respective research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, policies and that such Underwriters' (b) the Managers' respective research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company Partnership, the va...lue of the Common Units and/or the Offering offering that differ from the views of their respective investment banking divisions. The Company Partnership hereby waives and releases, to the fullest extent permitted by law, any claims that the Company Partnership may have against the Underwriters Managers with respect to any conflict of interest that may arise from the fact that the views expressed by their respective independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company Partnership or its affiliates by the such Underwriters' any Manager's investment banking divisions. division. The Company Partnership acknowledges that each of the Underwriters Managers is a full service securities firm and as such such, from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies that may be are the subject of the transactions contemplated by this Agreement. 35 13. No Fiduciary Duty. The Partnership hereby acknowledges that (a) the purchase and sale of the Units pursuant to this Agreement is an arm's-length commercial transaction between the Partnership, on the one hand, and each of the Managers, as applicable, and any affiliate through which it may be acting, on the other, (b) each Manager is acting solely as sales agent and/or principal in connection with the purchase and sale of the Partnership's securities and not as a fiduciary of the Partnership and (c) the Partnership's engagement of each Manager in connection with the offering and the process leading up to the offering is as an independent contractor and not in any other capacity. Furthermore, the Partnership agrees that it is solely responsible for making its own judgments in connection with the offering (irrespective of whether any Manager has advised or is currently advising the Partnership on related or other matters). The Partnership agrees that it will not claim that a Manager has rendered advisory services of any nature or respect, or owe an agency, fiduciary or similar duty to the Partnership, in connection with such transaction or the process leading thereto. View More
Research Analyst Independence. The Company Partnership acknowledges that the Underwriters' Managers' research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such Underwriters' Managers' research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company Partnership and/or the Offering offering that differ from the ...views of their respective investment banking divisions. The Company Partnership hereby waives and releases, to the fullest extent permitted by law, any claims that the Company Partnership may have against the Underwriters Managers with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company Partnership by the such Underwriters' Managers' investment banking divisions. The Company Partnership acknowledges that each of the Underwriters Managers is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies that may be the subject of the transactions contemplated by this Agreement. 34 18. No Fiduciary Duty. The Partnership hereby acknowledges that (a) the purchase and sale of the Units pursuant to this Agreement is an arm's-length commercial transaction between the Partnership, on the one hand, and each Manager and any affiliate through which it may be acting, on the other, (b) each Manager is acting as principal and not as an agent or fiduciary of the Partnership and (c) the Partnership's engagement of the Managers in connection with the offering and the process leading up to the offering is as independent contractors and not in any other capacity. Furthermore, the Partnership agrees that it is solely responsible for making its own judgments in connection with the offering (irrespective of whether any Manager has advised or is currently advising the Partnership on related or other matters). The Partnership agrees that they will not claim that any Manager has rendered advisory services of any nature or respect, or owe an agency, fiduciary or similar duty to the Partnership, in connection with such transaction or the process leading thereto. View More
Research Analyst Independence. The Company acknowledges General Partner and the Partnership acknowledge that the Underwriters' Underwriter's research analysts and research departments department are required to be independent from their respective the Underwriter's investment banking divisions division and are subject to certain regulations and internal policies, and that such Underwriters' the Underwriter's research analysts may hold views and make statements or investment recommendations and/or publish research reports with... respect to the Company Partnership and/or the Offering offering that differ from the views of their respective the Underwriter's investment banking divisions. division. The Company General Partner and the Partnership hereby waives waive and releases, release, to the fullest extent permitted by law, any claims that the Company General Partner or the Partnership may have against the Underwriters Underwriter with respect to any conflict of interest that may arise from the fact that the views expressed by their the Underwriter's independent research analysts and research departments department may be different from or inconsistent with the views or advice communicated to the Company General Partner or the Partnership by the such Underwriters' Underwriter's investment banking divisions. division. The Company acknowledges General Partner and the Partnership acknowledge that each of the Underwriters Underwriter is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies that may be the subject of the transactions contemplated by this Agreement. Partnership and its subsidiaries. View More
Research Analyst Independence. The Company Each of the Issuer and the Guarantors acknowledges that the Underwriters' research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such Underwriters' research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company Issuer or any Guarantor and/or the Offering offering tha...t differ from the views of their respective investment banking divisions. The Company Each of the Issuer and the Guarantors hereby waives and releases, to the fullest extent permitted by law, any claims that the Company Issuer or any Guarantor may have against the Underwriters with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company Issuer or a Guarantor by the such Underwriters' investment banking divisions. The Company Each of the Issuer and the Guarantors acknowledges that each of the Underwriters Underwriter is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the Issuer or any Guarantor and any other companies that may be the subject of the transactions contemplated by this Agreement. 32 24. Duties. Nothing in this Agreement shall be deemed to create a partnership, joint venture or agency relationship between the parties. The parties hereto undertake to perform such duties and obligations only as expressly set forth herein. Such duties and obligations of the parties hereto with respect to the Notes shall be determined solely by the express provisions of this Agreement, and the parties hereto shall not be liable except for the performance of such duties and obligations with respect to the Notes as are specifically set forth in this Agreement. Each of the Issuer and the Guarantors acknowledges that the Underwriters disclaim any implied duties (including any fiduciary duty), covenants or obligations arising from the Underwriters' performance of their duties and obligations expressly set forth herein. View More
Research Analyst Independence. The Company acknowledges and the Operating Partnership, jointly and severally, acknowledge that the Underwriters' Agents' and the Forward Purchasers' respective research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such Underwriters' the Agents' and the Forward Purchasers' respective research analysts may hold views and make statements or investment recomm...endations and/or publish research reports with respect to the Company Company, the Operating Partnership and/or the Offering offering of the Shares that differ from the views of their the Agents' or the Forward Purchasers' respective investment banking divisions. The Company and the Operating Partnership hereby waives waive and releases, release, to the fullest extent permitted by law, any claims that the Company and the Operating Partnership may have against the Underwriters any Agent or any Forward Purchaser with respect to any conflict of interest that may arise from the fact that the views expressed by their respective independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company or the Operating Partnership by the such Underwriters' Agents' and the Forward Purchasers' respective investment banking divisions. The Company acknowledges and the Operating Partnership, jointly and severally, acknowledge that each of the Underwriters Agent and each Forward Purchaser is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account accounts of its customers and hold long or short positions in debt or equity securities of the companies that may be the subject of the transactions contemplated by this Agreement, any Confirmation or any Terms Agreement. View More
Research Analyst Independence. The Company acknowledges that the Underwriters' Agents', Forward Purchasers' and Forward Sellers' research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such Underwriters' research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company and/or the Offering offering that differ fro...m the views of their respective investment banking divisions. The Company hereby waives and releases, to the fullest extent permitted by law, any claims that the Company may have against the Underwriters Agents, the Forward Purchasers and/or the Forward Sellers with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company either of them by the such Underwriters' their investment banking divisions. The Company acknowledges that each of the Underwriters is a Agents, Forward Purchasers and Forward Sellers are full service securities firm firms and as such from time to time, subject to applicable securities laws, may effect transactions for its their own account accounts or the account accounts of its their customers and hold long or short positions in debt or equity securities of the Company and any other companies that may be the subject of the transactions contemplated by this Agreement. None of the activities of the Agents, Forward Purchasers and Forward Sellers in connection with the transactions contemplated by this Agreement constitutes a recommendation, investment advice, or solicitation of any action by the Agents, Forward Purchasers and Forward Sellers with respect to any entity or natural person. View More
Research Analyst Independence. The Company acknowledges Partnership Parties acknowledge that the Underwriters' research analysts and research departments department are required to be independent from their respective investment banking divisions division and are subject to certain regulations and internal policies, and that such Underwriters' the Underwriter's research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company Partnership and/or the O...ffering offering that differ from the views of their respective investment banking divisions. division. The Company Partnership Parties hereby waives waive and releases, release, to the fullest extent permitted by law, any claims that the Company Partnership Parties may have against the Underwriters with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to any of the Company Partnership Parties by the such Underwriters' investment banking divisions. division. The Company acknowledges Partnership Parties acknowledge that each of the Underwriters is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies that may be the subject of the transactions contemplated by this Agreement. 35 13. No Fiduciary Duty. The Partnership Parties acknowledge and agree that in connection with this offering, the sale of the Units 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: (a) no fiduciary or agency relationship between the Partnership Parties and any other person, on the one hand, and the Underwriters, on the other, exists; (b) the Underwriters are not acting as advisors, experts or otherwise, to any of the Partnership Parties, including, without limitation, with respect to the determination of the public offering price of the Units, and such relationship between the Partnership Parties, on the one hand, and the Underwriters, on the other, is entirely and solely commercial, based on arms-length negotiations; (c) any duties and obligations that the Underwriters may have to the Partnership Parties shall be limited to those duties and obligations specifically stated herein; and (d) the Underwriters and their affiliates may have interests that differ from those of the Partnership Parties. The Partnership Parties hereby waive any claims that any of the Partnership Parties may have against the Underwriters with respect to any breach of fiduciary duty in connection with this offering. View More
