Common use of Solicitations as Agent Clause in Contracts

Solicitations as Agent. On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, each Agent agrees, as agent of the Company, to use its reasonable efforts to solicit offers to purchase the Securities upon the terms and conditions set forth in the Prospectus as it may be amended or supplemented. The Company reserves the right, in its sole discretion, to suspend, at any time, the solicitation of purchases of the Securities. Upon receipt of instructions from the Company, each Agent will forthwith suspend solicitation of purchases from the Company until such time as the Company has advised it that such solicitation may be resumed. As Agent, each of you is authorized to solicit orders for the Securities only in denominations of $1,000 or any amount in excess thereof which is an integral multiple of $1,000 at a purchase price equal to 100% of their principal amount. Each Agent shall communicate to the Company, orally or in writing, each reasonable offer to purchase Securities received by such Agent. The Company shall have the sole right to accept offers to purchase the Securities and may reject any such offer in whole or in part. Each Agent shall have the right to reject any offer to purchase the Securities received by it in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein.

Solicitations as Agent. On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, each Agent agrees, as agent of the Company, to use its reasonable efforts to solicit offers to purchase the Securities Notes and Warrants upon the terms and conditions set forth in the Prospectus as it may be amended or supplemented. The Company reserves the right, in its sole discretion, to suspend, at any time, the solicitation of purchases of the SecuritiesNotes and Warrants. Upon receipt of instructions from the Company, each Agent will forthwith suspend solicitation of purchases from the Company until such time as the Company has advised it that such solicitation may be resumed. The Company agrees to pay each Agent a commission, in the form of a discount, equal to the percentage of the principal amount of each Note sold by the Company (including upon exercise of a Warrant) as a result of a solicitation made by such Agent as set forth in Schedule A hereto. As Agent, each of you is authorized to solicit orders for the Securities Notes only in denominations of $1,000 or any amount in excess thereof which is an integral multiple of $1,000 at a purchase price equal to 100% of their principal amount. Each Agent shall communicate to the Company, orally or in writing, each reasonable offer to purchase Securities Notes and Warrants received by such Agent. The Company shall have the sole right to accept offers to purchase the Securities Notes and Warrants and may reject any such offer in whole or in part. Each Agent shall have the right to reject any offer to purchase the Securities Notes and Warrants received by it in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein.

Solicitations as Agent. On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, each Agent agrees, as agent of the Company, to use its reasonable efforts to solicit offers to purchase the Securities Notes and Warrants upon the terms and conditions set forth in the Prospectus as it may be amended or supplemented. The Company reserves the right, in its sole discretion, to suspend, at any time, the solicitation of purchases of the SecuritiesNotes and Warrants. Upon receipt of instructions from the Company, each Agent will forthwith suspend solicitation of purchases from the Company until such time as the Company has advised it that such solicitation may be resumed. The Company agrees to pay each Agent a commission, in the form of a discount, equal to the percentage of the principal amount of each Note sold by the Company (including upon exercise of a Warrant) as a result of a solicitation made by such Agent as set forth in Schedule A hereto. As Agent, each of you is authorized to solicit orders for the Securities Notes only in denominations of $1,000 100,000 or any amount in excess thereof which is an integral multiple of $1,000 at a purchase price equal to 100% of their principal amount. Each Agent shall communicate to the Company, orally or in writing, each reasonable offer to purchase Securities Notes and Warrants received by such Agent. The Company shall have the sole right to accept offers to purchase the Securities Notes and Warrants and may reject any such offer in whole or in part. Each Agent shall have the right to reject any offer to purchase the Securities Notes and Warrants received by it in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein.

Solicitations as Agent. On the basis of the representations and warranties herein contained, but and subject to the terms and conditions herein set forth, each Agent agrees, as agent of the Company, to use its reasonable efforts to solicit offers to purchase the Securities Notes upon the terms and conditions set forth in the Prospectus as it may be amended or supplemented. The Company reserves the right, in its sole discretion, to suspend, at any time, the solicitation of purchases of the SecuritiesNotes. Upon receipt of instructions from the Company, each Agent will forthwith suspend solicitation of purchases from the Company until such time as the Company has advised it that such solicitation may be resumed. The Company agrees to pay each Agent a commission, in the form of a discount, equal to the percentage of the principal amount of each Note sold by the Company as a result of a solicitation made by such Agent as set forth in Schedule I hereto. As Agent, unless otherwise provided in the Prospectus, each of you is authorized to solicit orders for the Securities Notes only in denominations of $1,000 or any amount in excess thereof which is an integral multiple of $1,000 at a purchase price equal to 100% of their principal amount. Each Agent shall communicate to the Company, orally or in writing, each reasonable offer to purchase Securities Notes received by such Agent. The Company shall have the sole right to accept offers to purchase the Securities Notes and may reject any such offer in whole or in part. Each Agent shall have the right to reject any offer to purchase the Securities Notes received by it in whole or in part, and any such rejection shall not be deemed a breach of its agreement contained herein.