Common use of Solicitations as Agent Clause in Contracts

Solicitations as Agent. If agreed upon by an Agent and the Company, such Agent, acting solely as agent for the Company and not as principal, will solicit purchases of the Notes. Such Agent will communicate to the Company, orally, each offer to purchase 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 proposed purchase of Notes, 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 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 to purchase Notes has been solicited by it 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 accepted, 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) notwithstanding such default, pay to such Agent any commission to which it would otherwise be entitled.

Appears in 2 contracts

Samples: Distribution Agreement (Kimco Realty Corp), Distribution Agreement (Us West Capital Funding Inc)

AutoNDA by SimpleDocs

Solicitations as Agent. If agreed upon by an Agent and the Company, such Agent, acting solely as agent for the Company and not as principal, will solicit purchases of the Notes. Such Agent will communicate to the Company, orally, each offer to purchase 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 proposed purchase of Notes, 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 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 to purchase Notes has been solicited by it 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 accepted, 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) notwithstanding such default, pay to such Agent any commission to which it would otherwise be entitledentitled absent such default.

Appears in 2 contracts

Samples: Distribution Agreement (Southwest Gas Corp), Distribution Agreement (Apache Corp)

Solicitations as Agent. If agreed upon by an Agent and the CompanyTrust, such Agent, acting solely as an agent for the Company Trust and not as principal, will solicit purchases of the Notes. Such Agent will communicate to the CompanyTrust, orally, each offer to purchase 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 proposed purchase of Notes, as a 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 proposed 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 to purchase Notes has been solicited by it 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 it has accepted, the Company Trust shall (i) 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) notwithstanding such default, pay to such Agent any commission to which it would otherwise be entitledentitled absent such default.

Appears in 2 contracts

Samples: Distribution Agreement (New Plan Realty Trust), Distribution Agreement (Wellsford Residential Property Trust)

Solicitations as Agent. If agreed upon by an Agent and the Company, such Agent, acting solely as an agent for the Company and not as principal, will solicit purchases of the Notes. Such Agent will communicate to the Company, orally, each offer to purchase 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 proposed purchase of Notes, 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 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 to purchase Notes has been solicited by it 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 accepted, 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) notwithstanding such default, pay to such Agent any commission to which it would otherwise be entitledentitled absent such default.

Appears in 2 contracts

Samples: Distribution Agreement (New Plan Excel Realty Trust Inc), Distribution Agreement (New Plan Excel Realty Trust Inc)

Solicitations as Agent. If agreed upon by an Agent and the Company, such the Agent, acting solely as agent for the Company and not as principal, will solicit purchases of the Notes. Such Each Agent will communicate to the Company, orally, each offer to purchase Notes solicited by it such Agent on an agency basis, other than those offers rejected by such the Agent. Such Any Agent shall have the right, in its discretion reasonably exercised, to reject any proposed purchase of Notes, 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 proposed purchase of 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 to purchase Notes has been solicited by it such Agent and accepted by the Company. Such No Agent 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 accepted, the Company shall (i) hold such Agent the Agents 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 entitledentitled in connection with such sale.

Appears in 1 contract

Samples: Current Report

AutoNDA by SimpleDocs

Solicitations as Agent. If agreed upon by an In soliciting purchases of the Notes on behalf of the Company each Agent and the Company, such Agent, acting will act solely as agent for the Company and not as principal, will solicit purchases of the Notes. Such Each Agent will communicate to the Company, orally, each offer to purchase Notes solicited by it such Agent on an agency basis, other than those offers rejected by such Agent. Such Each Agent shall have the right, in its discretion reasonably exercised, to reject any proposed purchase of Notes, as a in 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 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 to purchase Notes has been solicited by it 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 accepted, the Company shall (i) hold such each 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 each Agent any commission to which it would otherwise be entitledentitled in connection with such sale.

Appears in 1 contract

Samples: Distribution Agreement (Camden Property Trust)

Solicitations as Agent. If agreed upon by an Agent and the Company, such Agent, acting solely as agent for the Company and not as principal, will solicit purchases of the Notes. Such Agent will communicate to the CompanyCom-pany, orally, each offer to purchase 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 proposed purchase of Notes, 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 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 to purchase Notes has been solicited by it 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 consum-mated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer it has accepted, 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) notwithstanding notwith-standing such default, pay to such Agent any commission to which it would otherwise be entitled.

Appears in 1 contract

Samples: Distribution Agreement (Us West Inc)

Solicitations as Agent. If agreed upon by an Agent and the Company, such Agent, acting solely as agent for the Company and not as principal, will solicit purchases of the Notes. Such Each Agent will communicate to the Company, orallyorally or in writing, each offer to purchase Notes solicited by it such Agent on an agency basis, other than those offers rejected by such Agent. Such Agent The Agents shall have the right, in its their discretion reasonably exercised, to reject any proposed purchase of Notes, as a whole or in part, and any such rejection shall not be deemed a breach of its the Agents' agreement contained herein. The Company shall have the sole right to accept offers to purchase Notes and may accept or reject any proposed purchase of the Notes, in whole or in part. Such Agent The Agents shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer to purchase Notes has been solicited by it the Agents 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 accepted, the Company shall (i) hold such Agent the Agents 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 each Agent any commission to which it would otherwise be entitledentitled in connection with such sale.

Appears in 1 contract

Samples: Distribution Agreement (Sunamerica Capital Trust Ii)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!