Common use of Exclusive Agency Clause in Contracts

Exclusive Agency. The Company hereby appoints the Underwriter as its exclusive Underwriter, along with any dealers approved by the Underwriter, as the Company’s exclusive agent to arrange for the sale of, and hereby agrees to sell during the Offering Period (as defined in Section 1.1.5), upon the terms and conditions set forth herein, Securities and on the basis of the representations and warranties herein contained but subject to the terms and conditions herein set forth, you accept such appointment and agree to use your best efforts as agent to arrange for the offer of the Securities for sale for the account of the Company, on a cash basis only at the Purchase Price per Security. During the Offering Period, the Company will not sell or agree to sell any debt or equity securities in a capital-raising transaction (other than the issuance of debt securities to affiliates of the Company in connection with loans made to the Company by such affiliates) otherwise than through you. Subject to your commitment to arrange for the sale of the Securities on a best-efforts basis as provided herein, nothing in this Agreement shall prevent you from entering into an agency agreement, underwriting or placement agreement, or other similar agreement governing the offer and sale of securities with any other issuer of securities, and nothing contained herein shall be construed in any way as precluding or restricting your right to sell or offer for sale securities issued by any other person, including securities similar to, or competing with, the Securities. It is understood between the parties that there is no firm commitment by any Underwriter to arrange for the purchase of any or all of the Securities.

Exclusive Agency. The Company hereby appoints the Underwriter as its exclusive Underwriter, along with any dealers approved by the Underwriter, as the Company’s exclusive agent to arrange for the sale of, and hereby agrees to sell during the Offering Period (as defined in Section 1.1.51.1.8), upon the terms and conditions set forth herein, Securities and on the basis of the representations and warranties herein contained but subject to the terms and conditions herein set forth, you accept such appointment and agree to use your best efforts as agent to arrange for the offer of the Securities for sale for the account of the Company, on a cash basis only at the Purchase Price per Security. During the Offering Period, the Company will not sell or agree to sell any debt or equity securities in a capital-raising transaction (other than the issuance of debt securities to affiliates of the Company in connection with loans made to the Company by such affiliates) otherwise than through you. Subject to your commitment to arrange for the sale of the Securities on a best-efforts basis as provided herein, nothing in this Agreement shall prevent you from entering into an agency agreement, underwriting or placement agreement, or other similar agreement governing the offer and sale of securities with any other issuer of securities, and nothing contained herein shall be construed in any way as precluding or restricting your right to sell or offer for sale securities issued by any other person, including securities similar to, or competing with, the Securities. It is understood between the parties that there is no firm commitment by any Underwriter to arrange for the purchase of any or all of the Securities.

Exclusive Agency. The Company hereby appoints the Underwriter Underwriters as its exclusive Underwriteronly Underwriters, who are represented by the Representative, along with any dealers approved by the UnderwriterUnderwriters, as the Company’s exclusive agent to arrange for the sale of, and hereby agrees to sell during the Offering Period (as defined in Section 1.1.5), upon the terms and conditions set forth herein, Securities Placement Shares and on the basis of the representations and warranties herein contained but subject to the terms and conditions herein set forth, you accept such appointment and agree to use your best efforts as agent to arrange for the offer of the Securities Placement Shares for sale for the account of the Company, on a cash basis only at the Purchase Price per SecurityPlacement Share. During the Offering Period, the Company will not sell or agree to sell any debt or equity securities in a capital-raising transaction (other than the issuance of debt securities to affiliates of the Company in connection with loans made to the Company by such affiliates) otherwise than through you. Subject to your commitment to arrange for the sale of the Securities Placement Shares on a best-efforts basis as provided herein, nothing in this Agreement shall prevent you from entering into an agency agreement, underwriting or placement agreement, or other similar agreement governing the offer and sale of securities with any other issuer of securities, and nothing contained herein shall be construed in any way as precluding or restricting your right to sell or offer for sale securities issued by any other person, including securities similar to, or competing with, the SecuritiesPlacement Shares. It is understood between the parties that there is no firm commitment by any Underwriter or the Underwriters to arrange for the purchase of any or all of the SecuritiesPlacement Shares.

Exclusive Agency. The Company hereby appoints the Underwriter as its exclusive Underwriter, along with any dealers approved by the Underwriter, as the Company’s exclusive agent to arrange for the sale of, and hereby agrees to sell during the Offering Period (as defined in Section 1.1.51.1.8 below), upon the terms and conditions set forth herein, Securities and on the basis of the representations and warranties herein contained but subject to the terms and conditions herein set forth, you accept such appointment and agree to use your best efforts as agent to arrange for the offer of the Securities for sale for the account of the Company, on a cash basis only at the Purchase Price per Securityshare. During the Offering Period, the Company will not sell or agree to sell any debt or equity securities in a capital-raising transaction (other than the issuance of debt securities to affiliates of the Company in connection with loans made to the Company by such affiliates) otherwise than through you. In addition, for a nine (9) month period ending [_______], 2024, the Company will not solicit, negotiate with or enter into any agreement with any other source of financing (whether equity, debt or otherwise) any other underwriter, potential underwriter, placement agent, financial advisor, investment banking firm or any other person or entity in connection with an offering of the Company’s debt or equity securities or any other financing by the Company. Subject to your commitment to arrange for the sale of the Securities on a best-efforts basis as provided herein, nothing in this Agreement shall prevent you from entering into an agency agreement, underwriting or placement agreement, or other similar agreement governing the offer and sale of securities with any other issuer of securities, and nothing contained herein shall be construed in any way as precluding or restricting your right to sell or offer for sale securities issued by any other person, including securities similar to, or competing with, the Securities. It is understood between the parties that there is no firm commitment by any Underwriter to arrange for the purchase of any or all of the Securities.