Common use of Fiduciary Obligations Clause in Contracts

Fiduciary Obligations. Nothing in this Agreement, or any document related to the Transactions contemplated hereby, without limiting in any way Buyer’s rights and remedies set forth in this Agreement, will require Sellers or any of its governing bodies, directors, officers or members, in each case, in their capacity as such, to take any action, or to refrain from taking any action, to the extent inconsistent with their fiduciary obligations.

Appears in 7 contracts

Samples: Asset Purchase Agreement (BitNile Holdings, Inc.), Asset Purchase Agreement (Adams Resources & Energy, Inc.), Asset Purchase Agreement

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Fiduciary Obligations. Nothing in this Agreement, or any document related to the Transactions contemplated hereby, without limiting in any way Buyer’s rights and remedies set forth in this AgreementTransactions, will require Sellers or any of its their respective governing bodies, directors, officers or members, in each case, in their capacity as such, to take any action, or to refrain from taking any action, to the extent inconsistent with their fiduciary obligationsobligations or applicable Law.

Appears in 4 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (American Virtual Cloud Technologies, Inc.), Asset Purchase Agreement (American Virtual Cloud Technologies, Inc.)

Fiduciary Obligations. Nothing in this Agreement, or any document related to the Transactions transactions contemplated hereby, without limiting in any way Buyer’s rights and remedies set forth in this Agreement, will require Sellers any Seller or any of its governing bodies, their respective directors, officers or members, in each case, in their capacity as such, to take any action, or to refrain from taking any action, to the extent inconsistent with their fiduciary obligations. For the avoidance of doubt, Sellers retain the right to pursue any transaction or restructuring strategy that, in Sellers’ business judgment, will maximize the value of their estates.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Pier 1 Imports Inc/De), Asset Purchase Agreement, Asset Purchase Agreement

Fiduciary Obligations. Nothing in this Agreement, or any document related to the Transactions contemplated hereby, without limiting in any way Buyer’s rights and remedies set forth in this AgreementTransactions, will require Sellers or any of its governing bodies, directors, officers or members, in each case, in their capacity as such, to take any action, or to refrain from taking any action, to the extent inconsistent with their fiduciary obligationsobligations or applicable Law.

Appears in 1 contract

Samples: Asset Purchase Agreement (Fast Radius, Inc.)

Fiduciary Obligations. Nothing in this Agreement, or any document related to the Transactions contemplated hereby, without limiting in any way Buyer’s rights and remedies set forth in this Agreement, will require Sellers any Seller or any of its their respective governing bodies, directors, officers or members, in each case, in their capacity as such, to take any action, or to refrain from taking any action, to the extent inconsistent with their fiduciary obligationsobligations in each such case so long as Sellers exercise their right to terminate this Agreement in accordance with the terms of Section 8.1(o)).

Appears in 1 contract

Samples: Asset Purchase Agreement (Mercuria Asset Holdings (Hong Kong) LTD)

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Fiduciary Obligations. Nothing in this Agreement, or any document related to the Transactions transactions contemplated hereby, without limiting in any way Buyer’s rights and remedies set forth in this Agreement, will require Sellers Seller or any of its governing bodies, directors, officers or members, in each case, in their capacity as such, to take any action, or to refrain from taking any action, to the extent inconsistent with their fiduciary obligationsobligations or applicable Law.

Appears in 1 contract

Samples: Asset Purchase Agreement (Boxed, Inc.)

Fiduciary Obligations. Nothing in this Agreement, or any document related to the Transactions contemplated hereby, without limiting in any way Buyer’s rights and remedies set forth in this Agreement, will require Sellers or any of its governing bodies, directors, officers or members, in each case, in their capacity as such, to take any action, or to refrain from taking any action, to the extent inconsistent with their fiduciary obligations.. Xxxxx X. Xxxxx General Counsel

Appears in 1 contract

Samples: Asset Purchase Agreement

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