Common use of Commercial Transaction Clause in Contracts

Commercial Transaction. The Company acknowledges and agrees that (i) the purchase and sale of the Trust Preferred Securities pursuant to this Agreement, including the determination of the public offering price of the Trust Preferred Securities and any related discounts and commissions, is an arm’s-length commercial transaction between the Offerors, 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 Offerors, or its respective stockholders, creditors, employees or any other party, (iii) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Offerors 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 on other matters) and no Underwriter has any obligation to the Offerors with respect to the offering contemplated hereby except the obligations expressly set forth in this 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 Offerors, and (v) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Offerors have consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

Commercial Transaction. The Company acknowledges and agrees that (i) the purchase and sale of the Trust Preferred Securities Shares pursuant to this Agreement, including the determination of the public offering price of the Trust Preferred Securities Shares and any related discounts and commissions, is an arm’s-length commercial transaction between the OfferorsCompany, 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 OfferorsCompany, or its respective stockholders, creditors, employees or any other party, (iii) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Offerors Company 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 on other matters) and no Underwriter has any obligation to the Offerors Company with respect to the offering contemplated hereby except the obligations expressly set forth in this 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 OfferorsCompany, and (v) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Offerors have Company has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

Commercial Transaction. The Company acknowledges and agrees that (i) the purchase and sale of the Trust Preferred Securities Shares pursuant to this Underwriting Agreement, including the determination of the public offering price of the Trust Preferred Securities Shares and any related discounts and commissions, is an arm’s-length commercial transaction between the OfferorsCompany, 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 OfferorsCompany, or its respective stockholders, creditors, employees or any other party, (iii) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Offerors Company 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 on other matters) and no Underwriter has any obligation to the Offerors Company 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 OfferorsCompany, and (v) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and the Offerors have Company has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

Commercial Transaction. The Company acknowledges and agrees that (i) the purchase and sale of the Trust Preferred Securities Shares pursuant to this Agreement, including the determination of the public offering price of the Trust Preferred Securities Shares and any related discounts and commissions, is an arm’s-length commercial transaction between the OfferorsCompany, on the one hand, and the several UnderwritersUnderwriter, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction each the Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the OfferorsCompany, or its respective stockholders, creditors, employees or any other party, (iii) no the Underwriter has not assumed or will not assume an advisory or fiduciary responsibility in favor of the Offerors Company 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 on other matters) and no the Underwriter has any no obligation to the Offerors Company with respect to the offering contemplated hereby except the obligations expressly set forth in this Agreement, (iv) the Underwriters Underwriter and their its respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the OfferorsCompany, 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 Offerors have Company has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

Commercial Transaction. The Company acknowledges and agrees that (i) the purchase and sale of the Trust Preferred Securities Shares pursuant to this Agreement, including the determination of the public offering price of the Trust Preferred Securities Shares and any related discounts and commissions, is an arm’s-length commercial transaction between the OfferorsCompany, on the one hand, and the several UnderwritersUnderwriter, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction each the Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the OfferorsCompany, or its respective stockholders, creditors, employees or any other party, (iii) no the Underwriter has not assumed or nor will assume an advisory or fiduciary responsibility in favor of the Offerors Company 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 on other matters) and no the Underwriter has any no obligation to the Offerors Company with respect to the offering contemplated hereby except the obligations expressly set forth in this Agreement, (iv) 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 OfferorsCompany, 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 Offerors have Company has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.