Nature of Underwriters’ Obligations. The Company acknowledges that in connection with the offering of the Notes: (a) the Underwriters have acted at arms length, are not agents of, and owe no fiduciary duties to, the Company or any other person, (b) the Underwriters owe the Company only those duties and obligations set forth in this Agreement and prior written agreements (to the extent not superseded by this Agreement), if any, and (c) the Underwriters may have interests that differ from those of the Company. The Company waives to the full extent permitted by applicable law any claims it may have against the Underwriters arising from an alleged breach of fiduciary duty in connection with the offering of the Notes.
Appears in 8 contracts
Samples: Underwriting Agreement (Genworth Financial Inc), Underwriting Agreement (Genworth Financial Inc), Underwriting Agreement (Genworth Financial Inc)
Nature of Underwriters’ Obligations. The Company acknowledges that in connection with the offering of the NotesShares: (a) the Underwriters have acted at arms length, are not agents of, and owe no fiduciary duties to, the Company or any other person, (b) the Underwriters owe the Company only those duties and obligations set forth in this Agreement and prior written agreements (to the extent not superseded by this Agreement), if any, and (c) the Underwriters may have interests that differ from those of the Company. The Company waives to the full extent permitted by applicable law any claims it may have against the Underwriters arising from an alleged breach of fiduciary duty in connection with the offering of the NotesShares.
Appears in 4 contracts
Samples: Underwriting Agreement (Airtran Holdings Inc), Underwriting Agreement (Airtran Holdings Inc), Underwriting Agreement (Genworth Financial Inc)
Nature of Underwriters’ Obligations. The Company acknowledges that in connection with the offering of the NotesSecurities: (a) the Underwriters have acted at arms length, are not agents of, and owe no fiduciary duties to, the Company or any other person, (b) the Underwriters owe the Company only those duties and obligations set forth in this Agreement and prior written agreements (to the extent not superseded by this Agreement), if any, and (c) the Underwriters may have interests that differ from those of the Company. The Company waives to the full extent permitted by applicable law any claims it may have against the Underwriters arising from an alleged breach of fiduciary duty in connection with the offering of the NotesSecurities.
Appears in 2 contracts
Samples: Underwriting Agreement (Airtran Holdings Inc), Underwriting Agreement (Airtran Holdings Inc)
Nature of Underwriters’ Obligations. The Company acknowledges that in connection with the offering of the NotesShares: (a) the Underwriters have Underwriter has acted at arms length, are is not agents an agent of, and owe owes no fiduciary duties to, the Company or any other person, (b) the Underwriters owe Underwriter owes the Company only those duties and obligations set forth in this Agreement and prior written agreements (to the extent not superseded by this Agreement), if any, and (c) the Underwriters Underwriter may have interests that differ from those of the Company. The Company waives to the full extent permitted by applicable law any claims it may have against the Underwriters Underwriter arising from an alleged breach of fiduciary duty in connection with the offering of the NotesShares.
Appears in 1 contract
Nature of Underwriters’ Obligations. The Company acknowledges that in connection with the offering of the Notes: (a) the Underwriters have acted at arms length, are not agents of, and owe no fiduciary duties to, the Company or any other person, (b) the Underwriters owe the Company only those duties and obligations set forth in this Agreement and prior written agreements (to the extent not superseded by this Agreement), if any, and (c) the Underwriters may have interests that differ from those of the Company. The Company waives to the full extent permitted by applicable law any claims it may have against the Underwriters arising from an alleged breach of fiduciary duty in connection with the offering of the Notes.
Appears in 1 contract