Common use of Solicitations as Agents Clause in Contracts

Solicitations as Agents. 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 Securities. Unless otherwise instructed by the Company, such Agent will communicate to the Company, orally, each offer to purchase Securities 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 Securities, 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 Securities, 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 Securities 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 Securities 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) pay to such Agent any commission to which it would otherwise be entitled absent such default.

Solicitations as Agents. 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 SecuritiesNotes. Unless otherwise instructed by the Company, such Agent will communicate to the Company, orally, each offer to purchase Securities 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 SecuritiesNotes, 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 SecuritiesNotes, 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 Securities 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 Securities 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) pay to such Agent any commission to which it would otherwise be entitled absent such default.

Solicitations as Agents. 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 SecuritiesNotes. Unless otherwise instructed by the Company, such The Agent will communicate to the Company, orally, each offer to purchase Securities 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 proposed purchase of SecuritiesNotes, 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 SecuritiesNotes, 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 Securities Notes has been solicited by it the Agent and accepted by the Company. Such Each 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 Securities Notes to a purchaser whose offer it has accepted, 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) notwithstanding such default, pay to such the Agent any commission to which it would otherwise be entitled absent in connection with such defaultsale.

Solicitations as Agents. 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 SecuritiesNotes. Unless otherwise instructed by the Company, such The Agent will communicate to the Company, orally, each offer to purchase Securities 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 proposed purchase of SecuritiesNotes, 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 SecuritiesNotes, 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 Securities Notes has been solicited by it the Agent and accepted by the Company. Such Each 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 Securities Notes to a purchaser whose offer it has accepted, 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) notwithstanding such default, pay to such the Agent any commission to which it would otherwise be entitled absent in connection with such defaultsale.