Examples of Applicable Underwriters in a sentence
The Company is advised by the Applicable Underwriters that they intend (i) to, acting as an underwriter, make a public offering of their respective portions of the Notes as soon after the effectiveness of this Terms Agreement as in their judgment is advisable and (ii) initially to offer the Notes upon the terms set forth in the Pre-Pricing Prospectus.
The Company hereby waives and releases, to the fullest extent permitted by law, any claims that it may have against the Applicable Underwriters with respect to any breach or alleged breach of any fiduciary or similar duty to the Company in connection with the transactions contemplated by the Distribution Agreement or this Terms Agreement or any matters leading up to such transactions.
The Company and the Applicable Underwriters agree that they are each responsible for making their own independent judgments with respect to any such transactions and that any opinions or views expressed by the Applicable Underwriters to the Company regarding such transactions, including, but not limited to, any opinions or views with respect to the price or market for any of the Company’s securities, do not constitute advice or recommendations to the Company.
The opinion of Howard, Rice, Nemerovski, Canady, Xxxx & Xxxxxx, A Professional Corporation, described in paragraph (d)(i) above shall be rendered to the Applicable Underwriters at the request of the Company and shall so state therein.
The Applicable Underwriters hereby expressly disclaim any fiduciary or similar obligations to the Company, either in connection with the transactions contemplated by the Distribution Agreement or this Terms Agreement or any matters leading up to such transactions, and the Company hereby confirms its understanding and agreement to that effect.
The opinion of the Office of Corporate Counsel of the Company described in paragraph (d)(ii) above shall be rendered to the Applicable Underwriters at the request of the Company and shall so state therein.