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 (Illinova Corp), Distribution Agreement (Homeside Lending Inc), 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 3 contracts
Samples: Distribution Agreement (Pp&l Capital Funding Trust I), Distribution Agreement (Pp&l Capital Funding Inc), Distribution Agreement (Pp&l Capital Funding Trust I)
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 (Cabot Industrial Properties Lp), Distribution Agreement (Colonial Realty Limited Partnership), 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 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.
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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
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.
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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 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.
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Solicitations as Agent. If agreed upon between by an Agent and the CompanyBank, such Agent, the Agent acting solely as an agent for the Company Bank and not as principal, will solicit offers for purchases of the purchase of Bank Notes. Such The Agent will communicate to the CompanyBank, orally, each offer for the to purchase of Bank Notes solicited by it such Agent 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 exercisedabsolute discretion, to reject any offer for the proposed purchase of Bank Notes, in as a whole or in part, and any such rejection shall not be deemed a breach of its any Agent's agreement contained herein. The Company Bank may accept or reject any offer for the proposed purchase of the Bank Notes, in its absolute discretion, in whole or in part. Such The Agent shall make reasonable efforts to assist the Company Bank in obtaining performance by each purchaser whose offer for the to purchase of Bank Notes has been solicited by it on an agency basis the Agent and accepted by the CompanyBank. Such The Agent shall not have any liability to the Company Bank in the event that any such agency purchase is not consummated for any reasonreason other than a breach by the Agent of its obligations hereunder. If the Company Bank shall default on its obligation to deliver Bank Notes to a purchaser whose offer it has been solicited by such Agent on an agency basis and accepted by the Companyaccepted, the Company Bank 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 Bank and (ii) notwithstanding such default, pay to such the Agent any commission to which it would otherwise be entitled absent in connection with such defaultsale.
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Solicitations as Agent. If agreed upon between an the Purchasing Agent and the Company, such the Purchasing Agent, acting solely as an agent for the Company and not as principal, will solicit offers for the purchase of Notes. Such The Purchasing 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 Purchasing Agent. Such The Purchasing 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 Purchasing 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 Purchasing 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 Purchasing Agent on an agency basis and accepted by the Company, the Company shall (i) hold such the Purchasing 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 Purchasing Agent any commission to which it would otherwise be entitled absent such default.
Appears in 1 contract
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
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
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.
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Solicitations as Agent. If agreed upon between an Agent and the CompanyTrust, then such Agent, acting solely as an agent for the Company Trust and not as principal, will solicit offers for the purchase of Notes. Such Agent will communicate to the CompanyTrust, 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 Trust 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 Trust 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 CompanyTrust. Such Agent shall not have any liability to the Company Trust in the event that any such purchase is not consummated for any reason. If the Company Trust 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 CompanyTrust, the Company shall then (i) the Trust shall hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company Trust and (ii) the Trust shall be responsible to pay to such Agent any commission to which it such Agent would otherwise be entitled absent such default.
Appears in 1 contract
Samples: Distribution Agreement (Allstate Life Global Funding)
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
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