Common use of No Fiduciary Obligations Clause in Contracts

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

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

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

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

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