Common use of No Fiduciaries Clause in Contracts

No Fiduciaries. Each of the Company and the Bank, severally and not jointly, agrees that (i) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the Bank, or their respective shareholders, creditors, employees or any other third party, (iii) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Company or the Bank with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Bank on other matters) and no Underwriter has any obligation to the Company or the Bank with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and (v) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have consulted their own legal, accounting, regulatory and tax advisors to the extent they deemed appropriate.

No Fiduciaries. Each of the Company and the Bank, severally and not jointly, acknowledges and agrees that (ia) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the several Underwriters, on the other hand, (iib) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the Bank, Bank or their respective shareholdersstockholders, creditors, employees or any other third party, (iiic) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Company or the Bank with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Bank on other matters) and no Underwriter has any obligation to the Company or the Bank with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (ivd) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and (ve) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have consulted their its own legal, accounting, regulatory and tax advisors to the extent they it deemed appropriate.

No Fiduciaries. Each of the Company and the Bank, severally and not jointly, acknowledges and agrees that (i) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the several UnderwritersSandler, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter Sandler is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the Bank, or their respective shareholders, creditors, employees or any other third party, (iii) no Underwriter Sandler has not assumed or will not assume an advisory or fiduciary responsibility in favor of the Company or the Bank with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter Sandler has advised or is currently advising the Company or the Bank on other matters) and Sandler has no Underwriter has any obligation to the Company or the Bank with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (iv) the Underwriters Sandler and their its respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and (v) the Underwriters have Sandler has not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have consulted their own legal, accounting, regulatory and tax advisors to the extent they deemed appropriate.

No Fiduciaries. Each of the Company and the Bank, severally and not jointly, acknowledges and agrees that (i) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the Bank, or their respective shareholders, creditors, employees or any other third party, (iii) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Company or the Bank with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Bank on other matters) and no Underwriter has any obligation to the Company or the Bank with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and (v) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have consulted their own legal, accounting, regulatory and tax advisors to the extent they deemed appropriate.

No Fiduciaries. Each of the The Company acknowledges and the Bank, severally and not jointly, agrees that (ia) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the interest rate, terms and public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the several UnderwritersUnderwriter, on the other hand, (iib) in connection with the offering of the Securities contemplated hereby and the process leading to such transaction each transaction, the Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the Bank, Company or their respective shareholdersits stockholders, creditors, employees or any other third party, (iiic) no the Underwriter has assumed or not assumed, and the Underwriter will assume not assume, an advisory or fiduciary responsibility in favor of the Company or the Bank with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such the Underwriter has advised or is currently advising the Company or the Bank on other matters) and no the Underwriter has any no obligation to the Company or the Bank with respect to the offering of the Securities contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (ivd) the Underwriters Underwriter and their respective affiliates its Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the BankCompany, and (ve) the Underwriters have Underwriter has not provided any legal, accounting, regulatory or tax advice with respect to the offering of the Securities contemplated hereby and the Company and the Bank have has consulted their its own legal, accounting, regulatory and tax advisors to the extent they it deemed appropriate.

No Fiduciaries. Each of the Company and the BankBanks, severally and not jointly, acknowledges and agrees that (i) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the several UnderwritersSandler, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter Sandler is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the BankBanks, or their respective shareholdersstockholders, creditors, employees or any other third party, (iii) no Underwriter Sandler has not assumed or will not assume an advisory or fiduciary responsibility in favor of the Company or the Bank Banks with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter Sandler has advised or is currently advising the Company or the Bank Banks on other matters) and Sandler has no Underwriter has any obligation to the Company or the Bank Banks with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (iv) the Underwriters Sandler and their its respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the BankBanks, and (v) the Underwriters have Sandler has not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank Banks have consulted their own legal, accounting, regulatory and tax advisors to the extent they deemed appropriate.

No Fiduciaries. Each of the The Company acknowledges and the Bank, severally and not jointly, agrees that (ia) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of price paid by the public offering price of Underwriter to the Securities and any related discounts and commissionsCompany for the Securities, is an arm’s-arm’s length commercial transaction between the Company, on the one hand, and the several UnderwritersUnderwriter, on the other hand, (iib) in connection with the offering contemplated hereby and the process leading to such transaction each transaction, the Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company, any of the BankCompany’s subsidiaries, any stockholders, creditors or their respective shareholders, creditors, employees of the Company or any of its subsidiaries or any other third party, (iiic) no the Underwriter has not assumed or will not assume an advisory or fiduciary responsibility in favor of the Company or the Bank any of its subsidiaries with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such the Underwriter has advised or is currently advising the Company or the Bank any of its subsidiaries on other matters) ), and no the Underwriter has does not have any obligation to the Company or the Bank any of its subsidiaries with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (ivd) the Underwriters Underwriter and their respective its affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and its subsidiaries and (ve) the Underwriters have Underwriter has not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have has consulted their its own legal, accounting, regulatory and tax advisors to the extent they it deemed appropriate.

No Fiduciaries. Each of the The Company and the Bank, severally and not jointly, acknowledges and agrees that (i) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the Bank, or their respective shareholders, creditors, employees or any other third party, (iii) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Company or the Bank with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Bank on other matters) and no Underwriter has any obligation to the Company or the Bank with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (iv) the Underwriters and their respective affiliates Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and (v) the Underwriters have not provided any legal, accounting, financial, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have consulted their own legal, accounting, financial, regulatory and tax advisors to the extent they deemed appropriate.

No Fiduciaries. Each of the Company and the Bank, severally and not jointly, acknowledges and agrees that (i) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the Bank, Bank or their respective shareholders, creditors, employees or any other third party, (iii) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Company or the Bank with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Bank on other matters) and no Underwriter has any obligation to the Company or the Bank with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and (v) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have has consulted their its own legal, accounting, regulatory and tax advisors to the extent they it deemed appropriate.

No Fiduciaries. Each of the Company and the Bank, severally and not jointly, acknowledges and agrees that (ia) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the several Underwriters, on the other hand, (iib) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the Bank, or their respective shareholders, creditors, employees or any other third party, (iiic) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Company or the Bank with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Bank on other matters) and no Underwriter has any obligation to the Company or the Bank with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (ivd) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and (ve) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have has consulted their its own legal, accounting, regulatory and tax advisors to the extent they it deemed appropriate.

No Fiduciaries. Each of the Company and the Bank, severally and not jointly, acknowledges and agrees that (i) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length arm’slength commercial transaction between the Company, on the one hand, and the several UnderwritersSandler, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter Sandler is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the Bank, or their respective shareholders, creditors, employees or any other third party, (iii) no Underwriter Sandler has not assumed or will not assume an advisory or fiduciary responsibility in favor of the Company or the Bank with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter Sandler has advised or is currently advising the Company or the Bank on other matters) and Sandler has no Underwriter has any obligation to the Company or the Bank with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (iv) the Underwriters Sandler and their its respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and (v) the Underwriters have Sandler has not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have consulted their own legal, accounting, regulatory and tax advisors to the extent they deemed appropriate.

No Fiduciaries. Each of the The Company and the Bank, severally and not jointly, acknowledges and agrees that (i) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the Bank, or their respective shareholders, creditors, employees or any other third party, (iii) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Company or the Bank with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Bank on other matters) and no Underwriter has any obligation to the Company or the Bank with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (iv) the Underwriters and their respective affiliates Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and (v) the Underwriters have not provided any legal, accounting, financial, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have consulted their own legal, accounting, financial, regulatory and tax advisors to the extent they deemed appropriate.

No Fiduciaries. Each of the Company and the Bank, severally and not jointly, acknowledges and agrees that (i) the purchase and sale of the Securities pursuant to this Underwriting Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Company, on the one hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company, the Bank, or their respective shareholders, creditors, employees or any other third party, (iii) no each Underwriter has not assumed or will not assume an advisory or fiduciary responsibility in favor of the Company or the Bank with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Bank on other matters) and no each Underwriter has any no obligation to the Company or the Bank with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (iv) the Underwriters each Underwriter and their its respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and (v) the Underwriters have each Underwriter has not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have consulted their own legal, accounting, regulatory and tax advisors to the extent they deemed appropriate.

No Fiduciaries. Each of the The Company acknowledges and the Bank, severally and not jointly, agrees that (ia) the purchase and sale of the Securities Shares pursuant to this Underwriting Agreement, including the determination of price paid by the public offering price of Agent to the Securities and any related discounts and commissionsCompany for the Shares, is an arm’s-arm’s length commercial transaction between the Company, on the one hand, and the several UnderwritersAgent, on the other hand, (iib) in connection with the offering contemplated hereby and the process leading to such transaction each Underwriter transaction, the Agent is and has been acting solely as a principal and is not the agent or fiduciary of the Company, any of the BankCompany’s subsidiaries, any stockholders, creditors or their respective shareholders, creditors, employees of the Company or any of its subsidiaries or any other third party, (iiic) no Underwriter the Agent has not assumed or will not assume an advisory or fiduciary responsibility in favor of the Company or the Bank any of its subsidiaries with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter the Agent has advised or is currently advising the Company or the Bank any of its subsidiaries on other matters) ), and no Underwriter has the Agent does not have any obligation to the Company or the Bank any of its subsidiaries with respect to the offering contemplated hereby except the obligations expressly set forth in this Underwriting Agreement, (ivd) the Underwriters Agent and their respective its affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company or the Bank, and its subsidiaries and (ve) the Underwriters have Agent has not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Company and the Bank have has consulted their its own legal, accounting, regulatory and tax advisors to the extent they it deemed appropriate.