Common use of Solicitations as Agent Clause in Contracts

Solicitations as Agent. If agreed upon between an Agent and the Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the Company, orally, each offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of Notes, in whole or in part. Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer has been solicited by such Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such default.

Appears in 9 contracts

Samples: Distribution Agreement (Semco Energy Inc), Distribution Agreement (Homeside Lending Inc), Distribution Agreement (Cabot Corp)

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Solicitations as Agent. If agreed upon between by an Agent and the Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for purchases of the purchase of Notes. Such Agent will communicate to the Company, orally, each offer for the to purchase of Notes solicited by it on an agency basis basis, other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the proposed purchase of Notes, in as a whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the proposed purchase of Notes, in whole or in part. Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the to purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer it has been solicited by such Agent on an agency basis and accepted by the Companyaccepted, the Company shall (unless the Company's default arose out of a default, gross negligence or willful misconduct on the part of the Agent) (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) notwithstanding such default, pay to such Agent any commission to which it would otherwise be entitled absent such defaultentitled.

Appears in 3 contracts

Samples: Distribution Agreement (Boeing Capital Corp), Distribution Agreement (Boeing Capital Corp), Distribution Agreement (Boeing Capital Corp)

Solicitations as Agent. If agreed upon between an Agent and the ---------------------- Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the Company, orallyorally or in writing, each offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of Notes, in whole or in part. Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to against payment tendered by a purchaser whose offer has been solicited by such Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such defaultCompany.

Appears in 3 contracts

Samples: Distribution Agreement (Pp&l Capital Funding Trust I), Distribution Agreement (Pp&l Capital Funding Trust I), Distribution Agreement (Pp&l Capital Funding Inc)

Solicitations as Agent. If agreed upon between an Agent and the ---------------------- Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the Company, orally, each offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of Notes, in whole or in part. Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer has been solicited by such Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such default.

Appears in 3 contracts

Samples: Distribution Agreement (Colonial Realty Limited Partnership), Distribution Agreement (Cabot Industrial Properties Lp), Distribution Agreement (Puget Sound Energy Inc)

Solicitations as Agent. If agreed upon between an Agent and the Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the Company, orallyorally or in writing, each offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of Notes, in whole or in part. Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to against payment tendered by a purchaser whose offer has been solicited by such Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such defaultCompany.

Appears in 2 contracts

Samples: Distribution Agreement (PPL Capital Funding Inc), Distribution Agreement (Pp&l Capital Funding Inc)

Solicitations as Agent. If agreed upon between an Agent and the Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the Company, orally, each offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of Notes, in whole or in partpart and any such rejection shall not be deemed a rejection of its agreement contained herein. Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer has been solicited by such Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such default.

Appears in 2 contracts

Samples: Distribution Agreement (Doral Financial Corp), Distribution Agreement (Doral Financial Corp)

Solicitations as Agent. If agreed upon between an Agent by the Agents and the Company, such Agentthe Agents, acting solely as an agent agents for the Company and not as principal, will solicit offers for the purchase of the Notes. Such Each Agent will communicate to the Company, orally, each offer for the to purchase of Notes solicited by it such Agent on an agency basis basis, other than those offers rejected by such Agent. Such Each Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the proposed purchase of Notes, in as a whole or in part, and any such rejection shall not be deemed a breach of its such Agent's agreement contained herein. The Company may accept or reject any offer for the proposed purchase of the Notes, in whole or in part. Such Each Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the to purchase of Notes has been solicited by it on an agency basis such Agent and accepted by the Company. Such Agent The Agents shall not have any liability to the Company in the event that any such agency purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer has been solicited by such an Agent on an agency basis and accepted by the Company, the Company shall (i) hold such the applicable Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such default.of

Appears in 1 contract

Samples: Distribution Agreement (Advanta Corp)

Solicitations as Agent. If agreed upon between an Agent and the Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the Company, orallyorally or in writing, each reasonable offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of Notes, in whole or in part. Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that if any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer has been solicited by such Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such default.

Appears in 1 contract

Samples: Distribution Agreement (JDN Realty Corp)

Solicitations as Agent. If agreed upon between an Agent and the Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the Company, orally, each offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of Notes, in whole or in part. Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer has been solicited by such Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such defaultCompany.

Appears in 1 contract

Samples: Distribution Agreement (Compaq Computer Corp)

Solicitations as Agent. If agreed upon between an Agent and the Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the Company, orally, each offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of Notes, in whole or in part. Such Agent shall make reasonable best efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer has been solicited by such Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such default.

Appears in 1 contract

Samples: Distribution Agreement (Lowes Companies Inc)

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Solicitations as Agent. If agreed upon between an Agent by the Agents and the Company, such Agentthe Agents, acting solely as an agent agents for the Company and not as principal, will solicit offers for purchases of the purchase of Notes. Such Each Agent will communicate to the Company, orally, each offer for the to purchase of Notes solicited by it such Agent on an agency basis basis, other than those offers rejected by such Agent. Such Each Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the proposed purchase 3 4 of Notes, in as a whole or in part, and any such rejection shall not be deemed a breach of its such Agent's agreement contained herein. The Company may accept or reject any offer for the proposed purchase of the Notes, in whole or in part. Such Each Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the to purchase of Notes has been solicited by it on an agency basis such Agent and accepted by the Company. Such Agent The Agents shall not have any liability to the Company in the event that any such agency purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer it has been solicited by such Agent on an agency basis and accepted by the Companyaccepted, the Company shall (i) hold such the applicable Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) notwithstanding such default, pay to such the applicable Agent any commission to which it would otherwise be entitled absent in connection with such defaultsale.

Appears in 1 contract

Samples: Distribution Agreement (Advanta Corp)

Solicitations as Agent. If agreed upon between an ---------------------- Agent and the Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the Company, orallyorally or in writing, each offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of Notes, in whole or in part. Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to against payment tendered by a purchaser whose offer has been solicited by such Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such defaultCompany.

Appears in 1 contract

Samples: Distribution Agreement (Pp&l Capital Funding Inc)

Solicitations as Agent. If agreed upon between an Agent and ---------------------- the Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the Company, orally, each offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of Notes, in whole or in part. Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer has been solicited by such Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such default.

Appears in 1 contract

Samples: Distribution Agreement (Puget Sound Energy Inc)

Solicitations as Agent. If Unless otherwise agreed upon between an by the Agent and the Company, such the Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of the Notes. Such The Agent will communicate to the Company, orallyorally or in writing, each reasonable offer for the to purchase of Notes solicited by it on an agency basis basis, other than those offers rejected by such the Agent. Such The Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the proposed purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may may, in its discretion, accept or reject any offer for the proposed purchase of Notes, in whole or in part. Such The Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the to purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such The Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer has been solicited by such the Agent on an agency basis and accepted by the Company, the Company shall (i) hold such the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such the Agent any commission to which it would otherwise be entitled absent such default.

Appears in 1 contract

Samples: Distribution Agreement (Old National Bancorp /In/)

Solicitations as Agent. If agreed upon between an Agent and the ---------------------- Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the Company, orally, each offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such Agent. Such Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of the Notes, in whole or in part. Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer has been solicited by such Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such Agent any commission to which it would otherwise be entitled absent such default.

Appears in 1 contract

Samples: Distribution Agreement (Washington Real Estate Investment Trust)

Solicitations as Agent. If agreed upon between an the Agent and the Company, such the Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such The Agent will communicate to the Company, orally, each offer for the purchase of Notes solicited by it on an agency basis other than those offers rejected by such the Agent. Such The Agent shall have the right, in its discretion reasonably exercised, to reject any offer for the purchase of Notes, in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein. The Company may accept or reject any offer for the purchase of Notes, in whole or in part. Such The Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer for the purchase of Notes has been solicited by it on an agency basis and accepted by the Company. Such The Agent shall not have any liability to the Company in the event that any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer has been solicited by such the Agent on an agency basis and accepted by the Company, the Company shall (i) hold such the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) pay to such the Agent any commission to which it would otherwise be entitled absent such default.

Appears in 1 contract

Samples: Distribution Agreement (Enron Corp/Or/)

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