Common use of Position of the Agent Clause in Contracts

Position of the Agent. In acting under this Agreement and in connection with the sale of any Notes by the Company (other than Notes sold to you pursuant to a Notes Terms Agreement), you are acting solely as agent of the Company and do not assume any obligation towards or relationship of agency or trust with any purchaser of Notes. You shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer to purchase Notes has been solicited by you and accepted by the Company, but you shall not have any liability to the Company in the event any such purchase is not consummated for any reason. If the Company shall default in its obligations to deliver Notes to a purchaser whose offer it has accepted, the Company shall hold you harmless against any loss, claim, damage or liability arising from or as a result of such default and shall, in particular, pay to you the commission you would have received had such sale been consummated.

Position of the Agent. In acting under this Agreement and in connection with the sale of any Notes by the Company (other than Notes sold to you pursuant to a Notes Terms Agreementas principal), you are acting solely as agent of the Company and do not assume any obligation towards or relationship of agency or trust with any purchaser of Notes. You shall make reasonable reason- able efforts to assist the Company in obtaining performance by each purchaser whose offer to purchase Notes has been solicited by you and accepted by the Company, but you shall not have any liability to the Company in the event any such purchase is not consummated for any reason. If the Company shall default in its obligations to deliver Notes to a purchaser pur- chaser whose offer it has accepted, the Company shall hold you harmless against any loss, claim, damage or liability arising from or as a result of such default and shall, in particular, pay to you the commission you would have received had such sale been consummated.

Position of the Agent. In acting under this Agreement and in connection with the sale of any Notes by the Company Bank (other than Notes sold to you pursuant to a Notes Terms Agreement), you are acting solely as agent of the Company Bank and do not assume any obligation towards or relationship of agency or trust with any purchaser of Notes. You shall make reasonable efforts to assist the Company Bank in obtaining performance by each purchaser whose offer to purchase Notes has been solicited by you and accepted by the CompanyBank, but you shall not have any liability to the Company Bank in the event any such purchase is not consummated for any reason. If the Company Bank shall default in its obligations to deliver Notes to a purchaser whose offer it has accepted, the Company Bank shall hold you harmless against any loss, claim, damage or liability arising from or as a result of such default and shall, in particular, pay to you the commission you would have received had such sale been consummated.

Position of the Agent. In acting under this Agreement and in connection with the sale of any Notes by the Company Bank (other than Notes sold to you pursuant to a Notes Terms Agreement), you are acting solely as agent of the Company Bank and do not assume any obligation towards or relationship of agency or trust with any purchaser of Notes. You shall make reasonable efforts to assist the Company Bank in obtaining performance by each purchaser whose offer to purchase Notes has been solicited by you and accepted by the CompanyBank, but you shall not have any liability to the Company Bank in the event any such purchase is not consummated for any reason. If the Company Bank shall default in its obligations to deliver Notes to a purchaser whose offer it has accepted, the Company Bank shall hold you harmless against any loss, claim, damage or liability arising from or as a result of such default and shall, in particular, pay to you the commission you would have received had such sale been consummateddefault.

Position of the Agent. In acting under this Agreement and in connection with the sale of any Notes by the Company (other than Notes sold to you pursuant to a Notes Terms Agreement), you are acting solely as agent of the Company and do not assume any obligation towards or relationship of agency or trust with any purchaser of Notes. You shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer to purchase Notes has been solicited by you and accepted by the Company, but you shall not have any liability to the Company in the event any such purchase is not consummated for any reason. If the Company shall Company'shall default in its obligations to deliver Notes to a purchaser whose offer it has accepted, the Company shall Company'shall hold you harmless against any loss, claim, damage or liability arising from or as a result of such default and shall, in particular, pay to you the commission you would have received had such sale been consummated.