Common use of No Advisory or Fiduciary Role Clause in Contracts

No Advisory or Fiduciary Role. The Issuer acknowledges and agrees that: (i) any purchase of, or arrangement for the sale of, the Notes contemplated by this Agreement will be pursuant to an arm’s-length commercial transaction between the Issuer and the Dealer and that the Dealer has financial and other interests that differ from those of the issuer; (ii) the Dealer is not acting as a municipal advisor, financial advisor, or fiduciary to the Issuer and has not assumed any advisory or fiduciary responsibility to the Issuer with respect to any transaction contemplated hereby and the discussions, undertakings and procedures leading thereto (irrespective of whether the Dealer has provided other services or is currently providing other services to the Issuer on other matters); (iii) the only obligations the Dealer has to the Issuer with respect to any transaction contemplated hereby expressly are set forth in this Agreement; and (iv) the Issuer has consulted its own financial and/or municipal, legal, accounting, tax and other advisors, as applicable, to the extent it deems appropriate. If the Issuer would like a municipal

Appears in 3 contracts

Samples: Dealer Agreement, Dealer Agreement, Dealer Agreement

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No Advisory or Fiduciary Role. The Issuer acknowledges and agrees that: (i) any the primary role of the Underwriter, as an underwriter, is to purchase ofsecurities, or arrangement for the sale ofresale to investors, the Notes contemplated by this Agreement will be pursuant to in an arm’s-arm's length commercial transaction between the Issuer and the Dealer Underwriter, and that the Dealer Underwriter has financial and other interests that differ from those of the issuerIssuer; (ii) the Dealer Underwriter is acting solely as a principal and is not acting as a municipal advisor, financial advisor, advisor or fiduciary to the Issuer and has not assumed any advisory or fiduciary responsibility to the Issuer with respect to any the transaction contemplated hereby hereby, and the discussions, undertakings and procedures leading thereto (irrespective of whether the Dealer Underwriter has provided other services or is currently providing other services to the Issuer on other matters); (iii) the only obligations the Dealer Underwriter has to the Issuer with respect to any the transaction contemplated hereby expressly are set forth in this AgreementContract; and (iv) the Issuer has consulted its own financial and/or municipal, legal, accounting, tax tax, financial and other advisors, as applicable, to the extent it deems has deemed appropriate. If the Issuer would like a municipal.

Appears in 1 contract

Samples: Purchase Contract

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No Advisory or Fiduciary Role. The Issuer acknowledges and agrees that: (i) any purchase of, or arrangement for the sale of, the Notes transaction contemplated by this Bond Purchase Agreement will be pursuant to is an arm’s-length arm's length, commercial transaction between the Issuer and the Dealer Underwriters, in which the Underwriters are acting solely as principals and that the Dealer has financial and other interests that differ from those of the issuer; (ii) the Dealer neither is not acting as a municipal advisor, financial advisor, advisor or fiduciary to the Issuer and has Issuer; (ii) the Underwriters have not assumed any advisory or fiduciary responsibility to the Issuer with respect to any the transaction contemplated hereby and the discussions, undertakings and procedures leading thereto (irrespective of whether the Dealer any Underwriter has provided other services or is currently providing other services to the Issuer on other matters); (iii) the only obligations the Dealer any Underwriter has to the Issuer with respect to any the transaction contemplated hereby expressly are set forth in this Bond Purchase Agreement; and (iv) the Issuer has consulted its own financial and/or municipal, legal, accounting, tax tax, financial and other advisors, as applicable, to the extent it deems has deemed appropriate. If the Issuer would like a municipal.

Appears in 1 contract

Samples: Bond Purchase Agreement (El Paso Electric Co /Tx/)

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