Acting as Agent Sample Clauses

Acting as Agent. You hereby agree, as Agents hereunder, to use your reasonable best efforts to solicit and receive offers to purchase Notes upon the terms and conditions set forth herein and in the Prospectus and upon the terms communicated to you from time to time by the Company. For the purpose of such solicitation you will use the Prospectus as then amended or supplemented which has been most recently distributed to you by the Company, and you will solicit purchases only as permitted or contemplated thereby and herein and will solicit purchases of the Notes only as permitted by the Securities Act and the applicable securities laws or regulations of any jurisdiction. The Company reserves the right, in its sole discretion, to suspend solicitation of purchases of the Notes commencing at any time for any period of time or permanently. Upon receipt of instructions (which may be given orally) from the Company, you will forthwith suspend solicitation of purchases until such time as the Company has advised you that such solicitation may be resumed. You are authorized to solicit orders for the Notes only in denominations of $1,000 or more (in multiples of $1,000). You are not authorized to appoint subagents or to engage the service of any other broker or dealer in connection with the offer or sale of the Notes without the consent of the Company; provided, however, the Purchasing Agent may engage the service of any other broker or dealer without the consent of the Company. The Purchasing Agent will however, on a periodic basis, provide the Company with a listing of those brokers or dealers so engaged. In addition, unless otherwise instructed by the Company, the Purchasing Agent shall communicate to the Company, orally or in writing, offers to purchase Notes on an aggregate basis by CUSIP numbers of the Notes. The Company shall have the sole right to accept offers to purchase Notes offered through you and may reject any proposed purchase of Notes as a whole or in part. You shall have the right, in your discretion reasonably exercised, to reject any proposed purchase of Notes, as a whole or in part, and any such rejection shall not be deemed a breach of your agreements contained herein. The Company agrees to pay the Purchasing Agent, as consideration for soliciting the sale of the Notes, a concession in the form of a discount equal to the percentages of the initial offering price of each Note sold not in excess of the concession set forth in Exhibit A hereto (the "Concession"). The...

Acting as Agent. XXXX agrees to act as the Participant’s agent for the purposes of carrying out the Participant’s duties under the Regulation in respect of the Plan during the Term.

Acting as Agent. 3.1 This Article shall apply where you are acting as agent on behalf of another party (an “Underlying Principal”). 3.2 We will open separate accounts for each Underlying Principal (an “Underlying Principal Account”). You represent and warrant that you have all necessary authority to act as agent on behalf of each Underlying Principal Account. You undertake, as agent for the relevant Underlying Principal, and on your own behalf, in respect of each instruction given, to specify the Underlying Principal Account to which the relevant instruction relates. Until you specify an Underlying Principal Account you will be liable in respect of the relevant Transaction. 3.3 We will separately administer those Underlying Principal Accounts that we reasonably believe relate to different Underlying Principals. We will not exercise any power to consolidate accounts or set off amounts owing between Underlying Principal Accounts relating to different Underlying Principals where you have identified to us the Underlying Principal for each account. 3.4 We may transmit your Orders to a third party, which may be an Affiliate of CLSA or a Third Party Correspondent, for execution. 3.5 You, as agent for each Underlying Principal and on your own behalf, represent, warrant and undertake that you will: (a) ensure at all times that you and the Underlying Principal obtain, and comply with the terms of, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licenses and authorizations to submit Orders, enter into the relevant Transactions and perform the obligations thereunder; (b) promptly notify us of the occurrence of any Event of Default or Potential Event of Default with respect to you or the Underlying Principal; (c) provide to us on request such information regarding your and the Underlying Principal’s status or affairs as we may reasonably require to evidence your and the Underlying Principal’s authority, powers, consents, licenses and authorizations and your compliance with Applicable Law; and your appointment as agent to the Underlying Principal; (d) provide to us on request copies of the relevant sections of the Underlying Principal’s constitutional documents relating to its capacity to enter into Transactions and to appoint an agent to act on its behalf, and any such extract will be true, accurate, complete and not misleading in all material respects; and (e) execute as agent for the Underlying Principal where you are duly authorize...

Acting as Agent. If the Principal is Newmont Mining Services Pty Ltd (ABN 22 008 087 778) then for all purposes related to the formation and performance of the Agreement and irrespective of whether individual communications, correspondence and documentation specify or otherwise reflect such capacity, the Principal will be acting as agent for and on behalf of: (a) the owner of Newmont Tanami: Newmont Tanami Pty Ltd ABN 39 007 688 093; and (b) the joint venture owners of Newmont Boddington: Newmont Boddington Pty Ltd ABN 32 062 936 547 and Saddleback Investments Pty Ltd ABN 96 134 978 224, and their jo int venture manager, Newmont Boddington Gold Pty Ltd ABN 45 101 199 731; and its/their respective successors and assigns.

Acting as Agent. Provided that the Member is a member of CESA in good standing, CESA agrees to act as the Member’s agent for the purposes of carrying out the Member’s duties under the Regulations in respect of the Plan during the Term, and, in particular and without limitation, in respect of the implementation and operation the Plan for the collection, transportation and recycling of the Products for and on behalf of the Member.

Acting as Agent. If the Principal is Newmont Goldcorp Services Pty Ltd (ACN 008 087 778) then for all purposes related to the formation and performance of the Agreement and irrespective of whether individual communications, correspondence and documentation specify or otherwise reflect such capacity, the Principal will be acting as agent for and on behalf of: (a) the owner of Newmont Goldcorp Tanami: Newmont Goldcorp Tanami Pty Ltd ABN 39 007 688 093; and (b) the joint venture owners of Newmont Goldcorp Boddington: Newmont Boddington Pty Ltd ABN 32 062 936 547 and Saddleback Investments Pty Ltd ABN 96 134 978 224, and their joint venture manager, Newmont Goldcorp Boddington Pty Ltd ABN 45 101 199 731; and its/their respective successors and assigns.

Acting as Agent. 2.1 The Principal represents to the Supplier and the Supplier acknowledges to the Principal that: (a) the Principal enters into the Agreement as manager of the Joint Ventures and agent for the Joint Venturers for their respective rights and obligations under the Agreement; (b) the Principal is duly authorised to enter into and execute the Agreement; (c) the rights of the Principal under the Agreement enure to Barrick and KLV severally in the proportions of 50% and 50% respectively; and (d) the obligations of the Principal under the Agreement are binding upon Barrick and KLV severally in the proportions of 50% and 50% respectively. 2.2 Nothing in this clause affects the rights, duties and obligations of Barrick and KLV as between themselves.

Acting as Agent. The Distributor may, in cases in which it does not want to buy and resell, refer such business to the Supplier for a direct sale to the customer. For such activity as intermediary the Distributor will receive a commission to be agreed upon on a case by case basis. It is expressively agreed that such activity as intermediary, to the extent it remains of an accessory character, does not modify the legal status of the Distributor as a trader acting in its own name and for its own account.