Common use of Appointment of Qualified Independent Underwriter Clause in Contracts

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Mxxxxxx Lynch, Pierce, Fxxxxx & Sxxxx Incorporated as, and Mxxxxxx Lynch, Pierce, Fxxxxx & Sxxxx Incorporated hereby confirms its agreement with the Company to render services as, a “qualified independent underwriter” within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the Securities in the United States. Mxxxxxx Lynch, Pierce, Fxxxxx & Sxxxx Incorporated, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the “Independent Underwriter”.

Appointment of Qualified Independent Underwriter. The Company hereby confirms its engagement of Mxxxxxx Xxxxxxx Lynch, Pierce, Fxxxxx Xxxxxx & Sxxxx Xxxxx Incorporated as, and Mxxxxxx Xxxxxxx Lynch, Pierce, Fxxxxx Xxxxxx & Sxxxx Xxxxx Incorporated hereby confirms its agreement with the Company to render services as, a “"qualified independent underwriter” " within the meaning of Rule 2720 of the Conduct Rules of the National Association of Securities Dealers, Inc. with respect to the offering and sale of the Securities in the United StatesDepositary Shares, each representing one-tenth of a share of Preferred Stock. Mxxxxxx Xxxxxxx Lynch, Pierce, Fxxxxx Xxxxxx & Sxxxx Xxxxx Incorporated, solely in its capacity as qualified independent underwriter and not otherwise, is referred to herein as the “"Independent Underwriter”".