Arm’s Length Transaction. The Depositor and CFSC acknowledge and agree that each Underwriter is acting solely in the capacity of an arm’s length contractual counterparty to the Depositor and CFSC with respect to the offering of the Notes contemplated hereby (including in connection with determining the terms of the offering) and not as a financial advisor or a fiduciary to, or an agent of, the Depositor, CFSC or any other person. Additionally, neither the Representatives nor any other Underwriter is advising the Depositor, CFSC or any other person as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Depositor and CFSC shall consult with their own advisors concerning such matters and shall be responsible for making their own independent investigation and appraisal of the transactions contemplated hereby, and no Underwriter shall have any responsibility or liability to the Depositor or CFSC with respect thereto. Any review by the Underwriters of the Depositor, CFSC, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Underwriters and shall not be on behalf of the Depositor or CFSC.
Appears in 6 contracts
Samples: Class a Note Underwriting Agreement (Caterpillar Financial Funding Corp), Underwriting Agreement (Caterpillar Financial Asset Trust 2006-A), Underwriting Agreement (Caterpillar Financial Funding Corp)
Arm’s Length Transaction. The Depositor and CFSC acknowledge and agree that each the Underwriter is acting solely in the capacity of an arm’s length contractual counterparty to the Depositor and CFSC with respect to the offering of the Notes contemplated hereby (including in connection with determining the terms of the offering) and not as a financial advisor or a fiduciary to, or an agent of, the Depositor, CFSC or any other person. Additionally, neither the Representatives nor any other Underwriter is not advising the Depositor, CFSC or any other person as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Depositor and CFSC shall consult with their own advisors concerning such matters and shall be responsible for making their own independent investigation and appraisal of the transactions contemplated hereby, and no the Underwriter shall not have any responsibility or liability to the Depositor or CFSC with respect thereto. Any review by the Underwriters Underwriter of the Depositor, CFSC, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Underwriters Underwriter and shall not be on behalf of the Depositor or CFSC.
Appears in 4 contracts
Samples: Underwriting Agreement (Caterpillar Financial Asset Trust 2007-A), Class B Note Underwriting Agreement (Caterpillar Financial Funding Corp), Underwriting Agreement (Caterpillar Financial Funding Corp)
Arm’s Length Transaction. The Depositor and CFSC MBFS acknowledge and agree that each Underwriter is acting solely in the capacity of an arm’s length contractual counterparty to the Depositor and CFSC MBFS with respect to the offering of the Notes contemplated hereby (including in connection with determining the terms of the offering) and not as a financial advisor or a fiduciary to, or an agent of, the Depositor, CFSC MBFS or any other person. Additionally, neither the Representatives nor any other Underwriter is advising the Depositor, CFSC MBFS or any other person as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Depositor and CFSC MBFS shall consult with their own advisors concerning such matters and shall be responsible for making their own independent investigation and appraisal of the transactions contemplated hereby, and no Underwriter shall have any responsibility or liability to the Depositor or CFSC MBFS with respect thereto. Any review by the Underwriters of the Depositor, CFSCMBFS, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Underwriters and shall not be on behalf of the Depositor or CFSCMBFS.
Appears in 3 contracts
Samples: Underwriting Agreement (Daimler Retail Receivables LLC), Underwriting Agreement (Daimler Retail Receivables LLC), Underwriting Agreement (Daimler Retail Receivables LLC)
Arm’s Length Transaction. The Depositor and CFSC DCFS acknowledge and agree that each Underwriter is acting solely in the capacity of an arm’s length contractual counterparty to the Depositor and CFSC DCFS with respect to the offering of the Notes contemplated hereby (including in connection with determining the terms of the offering) and not as a financial advisor or a fiduciary to, or an agent of, the Depositor, CFSC DCFS or any other person. Additionally, neither the Representatives nor any other Underwriter is advising the Depositor, CFSC DCFS or any other person as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Depositor and CFSC DCFS shall consult with their own advisors concerning such matters and shall be responsible for making their own independent investigation and appraisal of the transactions contemplated hereby, and no Underwriter shall have any responsibility or liability to the Depositor or CFSC DCFS with respect thereto. Any review by the Underwriters of the Depositor, CFSCDCFS, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Underwriters and shall not be on behalf of the Depositor or CFSCDCFS.
Appears in 2 contracts
Samples: Underwriting Agreement (Mercedes-Benz Auto Receivables Trust 2010-1), Underwriting Agreement (Daimler Retail Receivables LLC)
Arm’s Length Transaction. The Depositor and CFSC MBFS acknowledge and agree that each Underwriter is acting solely in the capacity of an arm’s length contractual counterparty to the Depositor and CFSC MBFS with respect to the offering of the Offered Notes contemplated hereby (including in connection with determining the terms of the offering) and not as a financial advisor or a fiduciary to, or an agent of, the Depositor, CFSC MBFS or any other person. Additionally, neither the Representatives nor any other Underwriter is advising the Depositor, CFSC MBFS or any other person as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Depositor and CFSC MBFS shall consult with their own advisors concerning such matters and shall be responsible for making their own independent investigation and appraisal of the transactions contemplated hereby, and no Underwriter shall have any responsibility or liability to the Depositor or CFSC MBFS with respect thereto. Any review by the Underwriters of the Depositor, CFSCMBFS, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Underwriters and shall not be on behalf of the Depositor or CFSCMBFS.
Appears in 1 contract
Samples: Underwriting Agreement (Daimler Trucks Retail Trust 2020-1)