No Fiduciary Duty; Investment Banking Services. The parties hereto acknowledge and agree that nothing in this Agreement shall create a fiduciary duty of Xxxxxxx, Xxxxx & Co. or any of its Affiliates or Advent International Corporation or any of its Affiliates to the Parent or the Stockholders. Notwithstanding anything to the contrary herein or any actions or omissions by representatives of Xxxxxxx, Sachs & Co. or any of its Affiliates or Advent International Corporation or any of its Affiliates in whatever capacity, including as a director or observer to the Board, it is understood that Xxxxxxx, Xxxxx & Co. or any of its Affiliates or Advent International Corporation or any of its Affiliates is not acting as a financial advisor, agent or underwriter to the Parent or any of its Affiliates or otherwise on behalf of the Parent or any of its Affiliates unless retained to provide such services pursuant to a separate written agreement.
No Fiduciary Duty; Investment Banking Services. The parties hereto acknowledge and agree that nothing in this Agreement, the Partnership Agreement, the Amended Charter or the Amended Bylaws shall create a fiduciary duty of any Investor or any Affiliate thereof to the Partnership or its partners by virtue of its or their status as a partner of the Partnership. Notwithstanding anything to the contrary herein or in the Partnership Agreement or any actions or omissions by representatives of any Investor or any of its Affiliates in whatever capacity, including as a Director or as a director or observer to the board of directors of ENLK’s general partner, it is understood that neither such Investor nor any of its Affiliates is acting as a financial advisor, agent or underwriter to the Partnership or any of its Affiliates or otherwise on behalf of the Partnership or any of its Affiliates unless retained to provide such services pursuant to a separate written agreement, which agreement shall itself govern the terms and conditions on which such services are provided and all related matters.
No Fiduciary Duty; Investment Banking Services. The parties hereto acknowledge and agree that nothing in this Agreement shall create a fiduciary duty of Xxxxxxx, Xxxxx & Co. LLC or any of its Affiliates or Pamplona Capital Management LLP or any of its Affiliates to the Company or the Investors. Notwithstanding anything to the contrary herein or any actions or omissions by representatives of Xxxxxxx, Sachs & Co. LLC or any of its Affiliates or Pamplona Capital Management LLP or any of its Affiliates in whatever capacity, including as a director, it is understood that none of Xxxxxxx, Xxxxx & Co. LLC or any of its Affiliates or Pamplona Capital Management LLP or any of its Affiliates is acting as a financial advisor, agent or underwriter to the Company or any of its Affiliates or otherwise on behalf of the Company or any of its Affiliates unless retained to provide such services pursuant to a separate written agreement executed by the Company and such other Person.
No Fiduciary Duty; Investment Banking Services. The parties hereto acknowledge and agree that nothing in this Agreement shall create a fiduciary duty of Gxxxxxx, Sxxxx & Co. LLC or any of its Affiliates or TPG Global, LLC or any of its Affiliates to the Company or the Investors. Notwithstanding anything to the contrary herein or any actions or omissions by representatives of Gxxxxxx, Sachs & Co. LLC or any of its Affiliates or TPG Global, LLC or any of its Affiliates in whatever capacity, including as a director, it is understood that Gxxxxxx, Sxxxx & Co. LLC or any of its Affiliates or TPG Global, LLC or any of its Affiliates is not acting as a financial advisor, agent or underwriter to the Company or any of its Affiliates or otherwise on behalf of the Company or any of its Affiliates unless retained to provide such services pursuant to a separate written agreement.
No Fiduciary Duty; Investment Banking Services. The parties hereto acknowledge and agree that nothing in this Agreement or the Transaction Documents shall create a fiduciary duty of any Equityholder or any of its Affiliates to the Company or its shareholders. Notwithstanding anything to the contrary herein or in the Transaction Documents or any actions or omissions by representatives of an Equityholder or any of its Affiliates in whatever capacity, including as a director or observer to the Board, it is understood that no Equityholder nor any of its Affiliates is acting as a financial advisor, agent or underwriter to the Company or any of its Subsidiaries or otherwise on behalf of the Company or any of its Subsidiaries unless retained to provide such services pursuant to a separate written agreement.
No Fiduciary Duty; Investment Banking Services. The parties hereto acknowledge and agree that nothing in this Agreement shall create a fiduciary duty of Xxxxxxx, Xxxxx & Co. LLC or any of its Affiliates to the Company. Notwithstanding anything to the contrary herein or any actions or omissions by representatives of Xxxxxxx, Xxxxx & Co. LLC or any of its Affiliates in whatever capacity, it is understood that none of Xxxxxxx, Xxxxx & Co. LLC or any of its Affiliates is acting as a financial advisor, agent or underwriter to the Company or any of its Affiliates or otherwise on behalf of the Company or any of its Affiliates unless retained to provide such services pursuant to a separate written agreement executed by the Company and such other Person.
No Fiduciary Duty; Investment Banking Services. The parties hereto acknowledge and agree that nothing in this Agreement, the Purchase Agreement, that certain Series C Preferred Stock Purchase Agreement dated February 9, 2016 by and among the Company and the other parties thereto, the Restated Certificate or any other Related Agreements (as defined in the Purchase Agreement) (collectively, the “Transaction Documents”) shall create a fiduciary duty of any GS Party thereof to the Company, its subsidiaries or its shareholders by virtue of its or their status as a shareholder of the Company. Notwithstanding anything to the contrary herein or in the other Transaction Documents, or any actions or omissions by representatives of any GS Party in whatever capacity, including as a director or observer to the Board of Directors of the Company, it is understood that no GS Party is acting as a financial advisor, agent or underwriter to the Company or any of its Affiliates or otherwise on behalf of the Company or any of its Affiliates unless retained to provide such services pursuant to a separate written agreement which agreement shall itself govern the terms and condition on which such services are provided and all related matters.
No Fiduciary Duty; Investment Banking Services. Each Member acknowledges and agrees that nothing in this Agreement, or any other documents required to be entered into by the Members in connection with this Agreement, shall create a fiduciary duty of Xxxxxxx Xxxxx, Olympus, FS or any Affiliate thereof to the Company or its Members by virtue of BSPI’s, Olympus’ or FS’s status as a Member. Notwithstanding anything to the contrary herein or in any other document required to be entered into by the Members or any actions or omissions by representatives of Xxxxxxx Sachs, Olympus, FS or any of their Affiliates in whatever capacity, including as a manager or observer to the Board of Managers, it is understood that none of Xxxxxxx Xxxxx, Olympus, FS or any of their Affiliates is acting as a financial advisor, agent or underwriter to the Company or any of its Affiliates or otherwise on behalf of the Company or any of its Affiliates unless retained to provide such services pursuant to a separate written agreement which agreement shall itself govern the terms and condition on which such services are provided and all related matters.
No Fiduciary Duty; Investment Banking Services. The parties hereto acknowledge and agree that nothing in this Agreement shall create a fiduciary duty of Xxxxxxx, Xxxxx & Co. or any of its Affiliates or Olympus Partners or any of its Affiliates to the Company or the Stockholders. Notwithstanding anything to the contrary herein or any actions or omissions by representatives of Xxxxxxx, Sachs & Co. or any of its Affiliates or Olympus Partners or any of its Affiliates in whatever capacity, including as a director or observer to the Board, it is understood that Xxxxxxx, Xxxxx & Co. or any of its Affiliates or Olympus Partners or any of its Affiliates is not acting as a financial advisor, agent or underwriter to the Company or any of its Affiliates or otherwise on behalf of the Company or any of its Affiliates unless retained to provide such services pursuant to a separate written agreement.
No Fiduciary Duty; Investment Banking Services. The parties hereto acknowledge and agree that nothing in this Agreement or any of the Transaction Documents shall create a fiduciary duty of BSPI, Xxxxxxx Sachs & Co. or any of their respective Affiliates to the Company or its Stockholders by virtue of its or their status as a Stockholder of the Company. Notwithstanding anything to the contrary herein or in the Transaction Documents, or any actions or omissions by representatives of BSPI, Xxxxxxx Xxxxx & Co. or any of their respective Affiliates in whatever capacity it is understood that neither BSPI, Xxxxxxx Sachs & Co. nor any of their respective Affiliates is acting as a financial advisor, agent or underwriter to the Company or any of its Affiliates or otherwise on behalf of the Company or any of its Affiliates unless retained to provide such services pursuant to a separate written agreement which agreement shall itself govern the terms and conditions on which such services are provided and all related matters.
