Relationship Between Buyer and Seller. The relationship between Xxxxxx and Xxxxx shall be that of seller and buyer. Neither is a trustee or agent for the other, nor does either have any fiduciary obligations to the other. This Agreement shall not be construed to create a partnership or joint venture between the Parties. In no event shall the Participation be construed as a loan from Buyer to Seller. Buyer hereby acknowledges that Seller may be engaged, for its own accounts or the accounts of customers, in a broad range of transactions with the Borrower or any Obligor that involve interests that differ from those of Buyer, including but not limited to securities trading and brokerage activities, investment banking and financial advisory services and cash management and depositary services, and Seller has no obligation to disclose such services to Buyer.
Appears in 7 contracts
Samples: Participation Agreement, Participation Agreement, Participation Agreement
