Common use of Absence of Fiduciary Duties Clause in Contracts

Absence of Fiduciary Duties. The parties acknowledge that they are sophisticated in business and financial matters and that each of them is solely responsible for making its own independent investigation and analysis of the transactions contemplated by this Agreement. They further acknowledge that the Agents have not been engaged by the Corporation to provide, and have not provided, financial advisory services in connection with the terms of the Offering nor have the Agents assumed at any time a fiduciary relationship to the Corporation in connection with such Offering. The Corporation hereby waives, to the fullest extent permitted by law, any claims it may have against the Agents for breach of fiduciary duty or alleged breach of fiduciary duty and agrees the Agents shall have no liability (whether direct or indirect) to the Corporation 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 Corporation, including shareholders, employees or creditors of Corporation.

Appears in 9 contracts

Samples: Distribution Agreement (Fortis Inc.), Equity Distribution Agreement (HEXO Corp.), Equity Distribution Agreement (FRANCO NEVADA Corp)

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Absence of Fiduciary Duties. The parties acknowledge that they are sophisticated in business and financial matters and that each of them is solely responsible for making its own independent investigation and analysis of the transactions contemplated by this Agreement. They further acknowledge that the Agents have not been engaged by the Corporation to provide, and have not provided, financial advisory services in connection with the terms of the Offering nor have the Agents assumed at any time a fiduciary relationship to the Corporation in connection with such Offering. The Corporation hereby waives, to the fullest extent permitted by law, any claims it may have against the Agents for breach of fiduciary duty or alleged breach of fiduciary duty and agrees the Agents shall have no liability (whether direct or indirect) to the Corporation 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 Corporation, including shareholders, employees or creditors of the Corporation.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Canopy Growth Corp), Equity Distribution Agreement (Poet Technologies Inc.), Equity Distribution Agreement (Lion Electric Co)

Absence of Fiduciary Duties. The parties acknowledge that they are sophisticated in business and financial matters and that each of them is solely responsible for making its own independent investigation and analysis of the transactions contemplated by this Agreement. They further acknowledge that the Agents have Agent has not been engaged by the Corporation Company to provide, and have has not provided, financial advisory services in connection with the terms of the Offering nor have has the Agents Agent assumed at any time a fiduciary relationship to the Corporation Company in connection with such Offering. The Corporation Company hereby waives, to the fullest extent permitted by law, any claims it may have against the Agents Agent for breach of fiduciary duty or alleged breach of fiduciary duty and agrees the Agents Agent shall have no liability (whether direct or indirect) to the Corporation 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 CorporationCompany, including shareholders, employees or creditors of CorporationCompany.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Electra Battery Materials Corp), Equity Distribution Agreement (Electra Battery Materials Corp), Equity Distribution Agreement (Denison Mines Corp.)

Absence of Fiduciary Duties. The parties acknowledge that they are sophisticated in business and financial matters and that each of them is solely responsible for making its own independent investigation and analysis of the transactions contemplated by this Agreement. They further acknowledge that the Agents have not been engaged by the Corporation Company to provide, and have not provided, financial advisory services in connection with the terms of the Offering nor have the Agents assumed at any time a fiduciary relationship to the Corporation Company in connection with such Offering. The Corporation Company hereby waives, to the fullest extent permitted by law, any claims it may have against the Agents for breach of fiduciary duty or alleged breach of fiduciary duty and agrees the Agents shall have no liability (whether direct or indirect) to the Corporation 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 CorporationCompany, including shareholders, employees or creditors of CorporationCompany.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Cybin Inc.), Equity Distribution Agreement (Cybin Inc.), Equity Distribution Agreement (Electra Battery Materials Corp)

Absence of Fiduciary Duties. The parties acknowledge that they are sophisticated in business and financial matters and that each of them is solely responsible for making its own independent investigation and analysis of the transactions contemplated by this Agreement. They further acknowledge that the Agents have Agent has not been engaged by the Corporation to provide, and have has not provided, financial advisory services in connection with the terms of the Offering nor have the Agents Agent assumed at any time a fiduciary relationship to the Corporation in connection with such Offering. The Corporation hereby waives, to the fullest extent permitted by law, any claims it may have against the Agents Agent for breach of fiduciary duty or alleged breach of fiduciary duty and agrees the Agents Agent shall have no liability (whether direct or indirect) to the Corporation 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 Corporation, including shareholders, employees or creditors of Corporation.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Emerald Health Therapeutics Inc.), Equity Distribution Agreement, Equity Distribution Agreement

Absence of Fiduciary Duties. The parties acknowledge that they are sophisticated in business and financial matters and that each of them is solely responsible for making its own independent investigation and analysis of the transactions contemplated by this Agreement. They further acknowledge that the Agents have Agent has not been engaged by the Corporation to provide, and have has not provided, financial advisory services in connection with the terms of the Offering nor have has the Agents Agent assumed at any time a fiduciary relationship to the Corporation in connection with such Offering. The Corporation hereby waives, to the fullest extent permitted by law, any claims it may have against the Agents Agent for breach of fiduciary duty or alleged breach of fiduciary duty and agrees the Agents Agent shall have no liability (whether direct or indirect) to the Corporation 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 Corporation, including shareholders, employees or creditors of Corporation.

Appears in 2 contracts

Samples: Equity Distribution Agreement, Agency Agreement

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Absence of Fiduciary Duties. The parties acknowledge that they are sophisticated in business and financial matters and that each of them is solely responsible for making its own independent investigation and analysis of the transactions contemplated by this Agreement. They further acknowledge that the Agents have not been engaged by the Corporation Company to provide, and have not provided, financial advisory services in connection with the terms of the Offering nor have has the Agents assumed at any time a fiduciary relationship to the Corporation Company in connection with such Offering. The Corporation Company hereby waives, to the fullest extent permitted by law, any claims it may have against the Agents for breach of fiduciary duty or alleged breach of fiduciary duty and agrees the Agents shall have no liability (whether direct or indirect) to the Corporation 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 CorporationCompany, including shareholders, employees or creditors of CorporationCompany.

Appears in 1 contract

Samples: Sales Agreement (enCore Energy Corp.)

Absence of Fiduciary Duties. The parties acknowledge that they are sophisticated in business and financial matters and that each of them is solely responsible for making its own independent investigation and analysis of the transactions contemplated by this Agreement. They further acknowledge that the Agents have Agent has not been engaged by the Corporation to provide, and have has not provided, financial advisory services in connection with the terms of the Offering nor have has the Agents Agent assumed at any time a fiduciary relationship to the Corporation in connection with such Offering. The Corporation hereby waives, to the fullest extent permitted by law, any claims it may have against the Agents Agent for breach of fiduciary duty or alleged breach of fiduciary duty and agrees the Agents Agent shall have no liability (whether direct or indirect) to the Corporation 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 Corporation, including shareholders, employees or creditors of the Corporation.. below:

Appears in 1 contract

Samples: Equity Distribution Agreement

Absence of Fiduciary Duties. The parties acknowledge that they are sophisticated in business and financial matters and that each of them is solely responsible for making its own independent investigation and analysis of the transactions contemplated by this Agreement. They further acknowledge that the Agents have Agent has not been engaged by the Corporation to provide, and have not provided, financial advisory services in connection with the terms of the Offering nor have has the Agents Agent assumed at any time a fiduciary relationship to the Corporation in connection with such Offering. The Corporation hereby waives, to the fullest extent permitted by law, any claims it may have against the Agents Agent for breach of fiduciary duty or alleged breach of fiduciary duty and agrees the Agents Agent shall have no liability (whether direct or indirect) to the Corporation 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 Corporation, including shareholders, employees or creditors of the Corporation.

Appears in 1 contract

Samples: Equity Distribution Agreement (Poet Technologies Inc.)

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