Appointment as Dealer. Subject to the terms and conditions set forth herein, the Dealer will act as the non- exclusive dealer for the Fund in connection with the issuance and sale of the Notes.
Appointment as Dealer. Subject to the terms and conditions herein, Mogo hereby appoints Dealer as an authorized reseller of Products supplied under this Agreement, solely to Bona Fide Customers, and Dealer accepts such appointment. The rights granted by Mogo to Dealer are non-exclusive in all cases. Except as otherwise expressly stated in this Agreement, Dealer acknowledges that Mogo retains the rights to market, sell, import and distribute all Products, directly or indirectly to any third party in any jurisdiction and in any market. Notwithstanding the foregoing, Mogo reserves the rights in its discretion (i) to modify Product specifications from time to time, and (ii) to discontinue the manufacture, sale or licensing of, or otherwise render or treat as obsolete, any or all of the Products covered by this Agreement.
Appointment as Dealer. NFC hereby appoints Citi to act as a dealer for the Notes in accordance with the terms and conditions of the Dealer Agreement and acknowledges that Citi shall have the right to assist NFC in the sale or placement of the Notes during the terms and conditions of the Dealer Agreement. Citi hereby accepts such appointment and by its signature hereto shall become a Dealer under the Dealer Agreement with the same force and effect as if originally named therein as a Dealer and Citi hereby agrees to be bound by the terms and provisions of the Dealer Agreement.
Appointment as Dealer. MANAGER. The Company hereby appoints Xxxxxx Brothers Inc. ("XXXXXX BROTHERS") as sole dealer-manager in connection with the Exchange Offer and as sole solicitation agent in connection with the Solicitation (in such capacities, the "DEALER-MANAGER"), and the Company hereby authorizes Xxxxxx Brothers to act as such in connection with the Exchange Offer and Solicitation. On the basis of the representations and warranties and agreements of the Company contained in this Agreement and subject to and in accordance with the terms and conditions hereof, Xxxxxx Brothers agrees in accordance with its customary practice to use its reasonable best efforts to solicit tenders of Notes and delivery of Consents pursuant to the Exchange Offer and Solicitation, respectively, and to communicate with brokers, dealers, banks, trust companies, nominees and other persons with respect to the Exchange Offer and Solicitation.
Appointment as Dealer. (a) The Company hereby appoints the Dealers as dealers for the Commercial Paper Notes and acknowledges that the Dealers shall have the right to assist the Company in the sale or placement of the Commercial Paper Notes during the term of this Agreement. The Company agrees that during the period the Dealers are acting as the Company's dealers hereunder, the Company shall not directly contact or solicit potential investors to purchase the Commercial Paper Notes. The Company further agrees during such period that it will not engage any person or party other than the Dealers to assist in the sale or placement of the Commercial Paper Notes unless any such additional dealer enters into an agreement with the Company that is in form and substance substantially similar to this Agreement. The Company further agrees to provide the Dealers with a copy of any such other agreement immediately following the execution thereof. While the Dealers shall not have any obligation to purchase, as principal, Commercial Paper Notes from the Company, or to offer or sell any Commercial Paper Notes, under any circumstances, and while the Company shall have no obligation to sell Commercial Paper Notes to, or to arrange sales of Commercial Paper Notes through, the Dealers, each Dealer may, from time to time, with the consent of the Company (oral or written), purchase in its sole discretion Commercial Paper Notes, as principal, from the Company.
(b) The Company and each Dealer respectively agree that any Commercial Paper Notes, the placement of which such Dealer arranges or which are purchased by such Dealer, shall be placed or purchased by such Dealer in reliance on the representations, warranties, covenants and agreements of the Company contained herein or made pursuant hereto and on the terms and conditions and in the manner provided herein. All transactions involving the Commercial Paper Notes between a Dealer and the Company shall be in accordance with the generally accepted custom and practice prevailing in the commercial paper market at such times.
(c) Upon receipt of instructions from the Company, each Dealer will solicit purchases of such principal amount of the Commercial Paper Notes and with such discounts, interest rates and maturities as the Company and such Dealer shall agree upon from time to time during the term of this Agreement. Such Dealer shall have no liability to the Company in the event any such purchase is not consummated for any reason. Unless otherwise instructe...
Appointment as Dealer. 2.1 COMPAQ hereby appoints Dealer, and Dealer hereby accepts its appointment, as an Authorized Dealer for COMPAQ Products only in the United States and only from the wholly-owned Dealer locations or within the territories specified in Exhibit A, attached hereto, and such other locations or territories as may be agreed to in writing by COMPAQ ("Authorized Location(s)"). All shipments of COMPAQ Products will be made to Dealer's Authorized Locations unless otherwise agreed to in writing by COMPAQ. COMPAQ reserves the right, during the term of this Agreement and thereafter, to market COMPAQ Products or other products in the geographic areas served by Dealer, either directly or indirectly, through any means, without obligation or liability to Dealer. Dealer shall have no right to, and agrees it shall not, ship COMPAQ Products to any location other than Dealer's Authorized Location(s) without the prior written approval of COMPAQ, or appoint any other dealers, warranty service providers or distributors of COMPAQ Products.
2.2 Dealer is an independent contractor and is not a legal representative or agent of COMPAQ for any purpose whatsoever. Dealer is not authorized to and agrees that it will not, make any warranties or representations or assume or create any other obligations or liabilities on the behalf of COMPAQ. Dealer agrees to indemnify and hold COMPAQ harmless from and against any and all such warranties, representations, obligations and liabilities in accordance with Section 27 of this Agreement.
Appointment as Dealer. MANAGER. The Company hereby appoints Lehman Brothers Inc. ("LEHMAN BROTHERS") as sole dealer-manager in coxxxxxxon with the Tendex Xxxxr and as sole solicitation agent in connection with the Solicitation (in such capacities, the "DEALER-MANAGER"), and the Company hereby authorizes Lehman Brothers to act as such in connection with the Tender Offer anx Xxxxcitation. On the basis of the representations and warranties and agreements of the Company contained in this Agreement and subject to and in accordance with the terms and conditions hereof, Lehman Brothers agrees in accordance with its customary practice to uxx xxx reasonable best efforts to solicit tenders of Notes and delivery of Consents pursuant to the Tender Offer and Solicitation, respectively, and to communicate with brokers, dealers, banks, trust companies, nominees and other persons with respect to the Tender Offer and Solicitation.
Appointment as Dealer. DSI hereby appoints Dealer as its Security Escort Products Dealer for products for use within the primary territory. Subject to the terms and conditions of this Agreement, DSI grants Dealer the non-exclusive, non-transferable right to resell, install and maintain products.
Appointment as Dealer. NFC hereby appoints GSMM LP to act as a dealer for the Notes in accordance with the terms and conditions of the Dealer Agreement and acknowledges that GSMM LP shall have the right to assist NFC in the sale or placement of the Notes during the term of the Dealer Agreement in accordance with the terms and conditions of the Dealer Agreement. GSMM LP hereby accepts such appointment and by its signature hereto shall become a Dealer under the Dealer Agrement with the same force and effect as if originally named therein as a Dealer and GSMM LP hereby agrees to all terms and provisions of the Dealer Agreement applicable to it as a Dealer thereunder.
Appointment as Dealer
