Best Efforts; Independent Contractor. Anything to the contrary notwithstanding, the Agent shall have no obligation to sell any minimum principal amount of Notes or to purchase Notes for its own account, for resale or for any other purpose, but rather the Agent shall use its best efforts as selling agent in connection with the Offering of the Notes. During the term of this Agreement, all actions taken by the Agent pursuant to this Agreement shall be in the capacity of an independent contractor, all sales of Notes conducted by the Agent shall be solely for the account and at the risk of the Company, and in no event shall the Agent have any obligations under the Notes.
Appears in 7 contracts
Samples: Distribution and Management Agreement (Advanced Environmental Recycling Technologies Inc), Distribution and Management Agreement (Winmark Corp), Distribution and Management Agreement (Performance Home Buyers LLC)
Best Efforts; Independent Contractor. Anything to the contrary notwithstanding, the Agent shall have no obligation to sell any minimum principal amount of Notes or to purchase Notes for its own account, for resale or for any other purpose, but rather the Agent shall use its best efforts as selling agent in connection with the Offering of the Notes. During the term of this Agreement, all actions taken by the Agent pursuant to this Agreement shall be in the capacity of an independent contractor, all sales of Notes conducted by the Agent shall be solely for the account and at the risk of the Company, and in no event shall the Agent have any obligations under the Notes.
Appears in 3 contracts
Samples: Distribution and Management Agreement (Metris Companies Inc), Distribution and Management Agreement (Onyx Acceptance Corp), Distribution and Management Agreement (Onyx Acceptance Corp)
