Common use of Suspension of Certain Obligations Clause in Contracts

Suspension of Certain Obligations. The Company reserves the right to instruct the Agents to suspend at any time, for any period of time, the solicitation of offers to purchase the Notes from the Company. As soon as practicable, but in any event not later than one business day in New York City, after receipt of notice from the Company (such notice, if oral or telephonic, to be confirmed in writing as soon as reasonably practicable thereafter, but in any event not later than five business days in New York City after such oral or telephonic notice), the Agents will suspend solicitation of offers to purchase Notes from the Company until such time as the Company has advised the Agents that such solicitation may be resumed. During such period, the Company shall not be required to comply with the provisions of subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 or the provisions of Section 7 hereof. Upon advising the Agents that such solicitation may be resumed, however, the Company shall simultaneously provide any documents required to be delivered by subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 and the provisions of Section 7 hereof, and the Agents shall have no obligation to solicit offers to purchase the Notes until such documents have been received by the Agents. In addition, if the Company fails to comply with any of its obligations hereunder, except to the extent suspended as provided herein, including without limitation, its obligations to deliver the documents required by subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 or the provisions of Section 7 hereof, the Agents shall have the right to terminate their obligations hereunder, including, without limitation, their obligations to solicit offers to purchase the Notes hereunder as agent or to purchase Notes hereunder as principal.

Suspension of Certain Obligations. The At any time when no Distribution Agent shall then hold any Notes purchased as principal, the Company reserves the right to instruct the Distribution Agents to suspend at any time, for any period of time, the solicitation of offers to purchase the Notes from the Company. As soon as practicable, but in any event not later than one business day in New York City, after receipt of notice from the Company (such notice, if oral or telephonic, to be confirmed in writing as soon as reasonably practicable thereafter, but in any event not later than five business days in New York City after such oral or telephonic notice), the Distribution Agents will suspend solicitation of offers to purchase Notes from the Company until such time as the Company has advised the Distribution Agents that such solicitation may be resumed. During such suspension period, notwithstanding anything to the contrary contained herein, the Company shall not be required to comply with the provisions of subsections (a), (b), (c), (f), (g), (h) or (kb) of this Section 4 or the provisions of Section 7 8 hereof. Upon advising the Distribution Agents that such solicitation may be resumed, however, the Company shall simultaneously provide any documents required to be delivered by subsections (a), (b), (c), (f), (g), (h) or (kb) of this Section 4 and the provisions of or Section 7 8 hereof, and the Distribution Agents shall have no obligation to solicit offers to purchase the Notes until such documents have been received by the Distribution Agents. In addition, if the Company fails to comply with any of its obligations hereunder, except to the extent suspended as provided herein, including without limitation, its obligations to deliver the documents required by subsections (aSection 4(a), (b), ) and (c), (f), (g), (h) or (k) of this Section 4 or the provisions of Section 7 8 hereof, the Distribution Agents shall have the right to terminate their obligations hereunder, including, without limitation, their obligations to solicit offers to purchase the Notes hereunder as an agent or to purchase Notes hereunder as a principal.

Suspension of Certain Obligations. The Company reserves the right to instruct the Agents to suspend at any time, for any period of time, the solicitation of offers to purchase the Notes from the Company. As soon as practicable, but in any event not later than one business day in New York City, after receipt of notice from the Company (such notice, if oral or telephonic, to be confirmed in writing as soon as reasonably practicable thereafter, but in any event not later than five business days in New York City after such oral or telephonic notice), the Agents will suspend solicitation of offers to purchase Notes from the Company until such time as the Company has advised the Agents that such solicitation may be resumed. During such period, the Company shall not be required to comply with the provisions of subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 or the provisions of Section 7 hereof. Upon advising the Agents that such solicitation may be resumed, however, the Company shall simultaneously provide any documents required to be delivered by subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 and the provisions of Section 7 hereof, and the Agents shall have no obligation to solicit offers to purchase the Notes until such documents have been received by the Agents. In addition, if the Company fails to comply with any of its obligations hereunder, except to the extent suspended as provided herein, including without limitation, limitation its obligations to deliver the documents required by subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 or the provisions of Section 7 hereof, the Agents shall have the right to terminate their obligations hereunder, including, including without limitation, limitation their obligations to solicit offers to purchase the Notes hereunder as agent or to purchase Notes hereunder as principal.

Suspension of Certain Obligations. The Company reserves the right to instruct the Agents to suspend at any time, for any period of time, the solicitation of offers to purchase the Notes from the Company. As soon as practicable, but in any event not later than one business day in New York City, after receipt of notice from the Company (such notice, if oral or telephonic, to be confirmed in writing as soon as reasonably practicable thereafter, but in any event not later than five business days in New York City after such oral or telephonic notice), the Agents will suspend solicitation of offers to purchase Notes from the Company until such time as the Company has advised the Agents that such solicitation may be resumed. During such suspension period, notwithstanding anything to the contrary contained herein, the Company shall not be required to comply with the provisions of subsections (a), (b), (c), (d), (e), (f), (g), (h), (l) (o), (p), (q) or (kr) of this Section 4 3; provided, however, the Company shall remain obligated to comply with subsections (a), (b), (c), (d), (e), (h), (l) and (r) with respect to any Agent that shall then hold any Notes purchased as principal pursuant to a Terms Agreement or otherwise for a period of 30 days (or in the provisions case of Section 7 hereof3(c), nine months) after such Agent’s purchase of Notes as principal. Upon advising the Agents that such solicitation may be resumedresumed or upon entering into a new Terms Agreement with one or more Agents, however, the Company shall simultaneously provide any documents required to be delivered by subsections (a), (b), (c), (d), (e), (f), (g), (h), (l), (o), (p), (q) or (kr) of this Section 4 and the provisions of Section 7 hereof3, and the Agents shall have no obligation to solicit offers to purchase the Notes or purchase Notes as principal until such documents have been received by the Agents. In addition, if the Company fails to comply with any of its obligations hereunder, except to the extent suspended as provided herein, including including, without limitation, its obligations to deliver the documents required by subsections (a), (b), (c), (d), (e), (f), (g), (h), (l), (o), (p), (q) or (kr) of this Section 4 or the provisions of Section 7 3 hereof, the Agents shall have the right to terminate their obligations hereunder, including, without limitation, their obligations to solicit offers to purchase the Notes hereunder as agent or to purchase Notes hereunder as principal.

Suspension of Certain Obligations. The Company reserves shall not be required to comply with the right to instruct provisions of subsections (b), (c) or (d) of this Section 3 or the provisions of subsection (a), (b) or (c) of Section 6 during any period from the time the Agents shall have been notified to suspend at any time, for any period of time, the solicitation of offers to purchase the Notes in their capacity as agent or resales of Notes purchased pursuant to a Terms Agreement to the time the Company shall determine that solicitation of offers to purchase the Notes through any Agent or Agents or resales as principal of Notes purchased pursuant to a Terms Agreement by any Agent or Agents should be resumed. Notwithstanding the foregoing, if any Agent holds Notes purchased for resale pursuant to a Terms Agreement, the Company shall comply with the provisions of subsections (b), (c) and (d) of this Section 3 and the provisions of subsections (a), (b) and (c) of Section 6 during the 90-day period from and including the Company. As soon as practicabledate of execution of such Terms Agreement; provided, but however, that the Company shall have the right, in its reasonable business judgment, to suspend such compliance during such 90-day period (provided that such suspension may not be effected during the period from and including the date of execution of such Terms Agreement to and including the Settlement Date with respect to such Terms Agreement), in which event, such 90-day period shall be extended by the number of days included in any event not later than one business day in New York Citysuch period of suspension. However, after receipt of notice from the Company (such notice, if oral or telephonic, prior to be confirmed in writing as soon as reasonably practicable thereafter, but in any event not later than five business days in New York City after such oral or telephonic notice), instructing the Agents will suspend to resume the solicitation of offers to purchase Notes or prior to purchasing Notes from the Company until such time as the Company has advised the Agents that such solicitation may be resumed. During such periodprincipal, the Company shall not be required to comply with the provisions of subsections (a), (b), ) and (c), (f), (g), (h) or (k) of this Section 4 6 by delivering or the provisions of Section 7 hereof. Upon advising the Agents that such solicitation may be resumed, however, the Company shall simultaneously provide any documents required causing to be delivered by subsections the certificates, opinions and letters that would have otherwise been required under in connection with the filing of an Incorporated Document (aincluding any amendments to such documents), (b), (c), (f), (g), (h) or (k) of this Section 4 and the provisions of Section 7 hereof, and the Agents shall have no obligation to solicit offers to purchase the Notes until such documents have been received by the Agents. In addition, if the Company fails to comply with any of its obligations hereunder, except to the extent suspended as provided herein, including without limitation, its obligations to deliver the documents required by subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 or the provisions of Section 7 hereof, the Agents shall have the right to terminate their obligations hereunder, including, without limitation, their obligations to solicit offers to purchase the Notes hereunder as agent or to purchase Notes hereunder as principal.

Suspension of Certain Obligations. The Company reserves the right to instruct the Agents Purchasing Agent to suspend at any time, for any period of time, the solicitation of offers to purchase the Notes from the Company. As soon as practicable, but in any event not later than one business day in New York City, after receipt of notice from the Company (such notice, if oral or telephonic, to be confirmed in writing as soon as reasonably practicable thereafter, but in any event not later than five business days in New York City after such oral or telephonic notice), the Agents Purchasing Agent will suspend solicitation of offers to purchase Notes from the Company until such time as the Company has advised the Agents Purchasing Agent that such solicitation may be resumed. During such period, the Company shall not be required to comply with the provisions of subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 or the provisions of Section 7 hereof. Upon advising the Agents Purchasing Agent that such solicitation may be resumed, however, the Company shall simultaneously provide any documents required to be delivered by subsections (a), (b), (c), (f), (g), (h) or and (k) of this Section 4 and the provisions of Section 7 hereof, and the Agents Purchasing Agent shall have no obligation to solicit offers to purchase the Notes until such documents have been received by the AgentsPurchasing Agent. In addition, if the Company fails to comply with any of its obligations hereunder, except to the extent suspended as provided herein, including without limitation, limitation its obligations to deliver the documents required by subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 or the provisions of Section 7 hereof, the Agents Purchasing Agent shall have the right to terminate their obligations hereunder, including, including without limitation, limitation their obligations to solicit offers to purchase the Notes hereunder as agent or to purchase Notes hereunder as principal.

Suspension of Certain Obligations. The Company reserves shall not be required to comply with the right to instruct provisions of subsections (b), (c) or (d) of this Section 3 or the provisions of subsection (a), (b) or (c) of Section 6 during any period from the time the Agents shall have been notified to suspend at any time, for any period of time, the solicitation of offers to purchase the Notes in their capacity as agent or resales of Notes purchased pursuant to a Terms Agreement to the time the Company shall determine that solicitation of offers to purchase the Notes through any Agent or Agents or resales as principal of Notes purchased pursuant to a Terms Agreement by any Agent or Agents should be resumed. Notwithstanding the foregoing, if any Agent holds Notes purchased for resale pursuant to a Terms Agreement, the Company shall comply with the provisions of subsections (b), (c) and (d) of this Section 3 and the provisions of subsections (a), (b) and (c) of Section 6 during the 90-day period from and including the Company. As soon as practicabledate of execution of such Terms Agreement; provided, but however, that the Company shall have the right, in its reasonable business judgment, to suspend such compliance during such 90-day period, in which event, such 90-day period shall be extended by the number of days included in any event not later than one business day in New York Citysuch period of suspension. However, after receipt of notice from the Company (such notice, if oral or telephonic, prior to be confirmed in writing as soon as reasonably practicable thereafter, but in any event not later than five business days in New York City after such oral or telephonic notice), instructing the Agents will suspend to resume the solicitation of offers to purchase Notes or prior to purchasing Notes from the Company until such time as the Company has advised the Agents that such solicitation may be resumed. During such periodprincipal, the Company shall not be required to comply with the provisions of subsections (a), (b), ) and (c), (f), (g), (h) or (k) of this Section 4 6 by delivering or the provisions of Section 7 hereof. Upon advising the Agents that such solicitation may be resumed, however, the Company shall simultaneously provide any documents required causing to be delivered by subsections the certificates, opinions and letters that would have otherwise been required under in connection with the filing of an Incorporated Document (aincluding any amendments to such documents), (b), (c), (f), (g), (h) or (k) of this Section 4 and the provisions of Section 7 hereof, and the Agents shall have no obligation to solicit offers to purchase the Notes until such documents have been received by the Agents. In addition, if the Company fails to comply with any of its obligations hereunder, except to the extent suspended as provided herein, including without limitation, its obligations to deliver the documents required by subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 or the provisions of Section 7 hereof, the Agents shall have the right to terminate their obligations hereunder, including, without limitation, their obligations to solicit offers to purchase the Notes hereunder as agent or to purchase Notes hereunder as principal.

Suspension of Certain Obligations. The Company reserves the right to instruct the Agents to suspend at any time, for any period of time, the solicitation of offers to purchase the Notes from the Company. As soon as practicable, but in any event not later than one business day in New York City, after receipt of notice from the Company (such notice, if oral or telephonic, to be confirmed in writing as soon as reasonably practicable thereafter, but in any event not later than five business days in New York City after such oral or telephonic notice), the Agents will suspend solicitation of offers to purchase Notes from the Company until such time as the Company has advised the Agents that such solicitation may be resumed. During such period, the Company shall not be required to comply with the provisions of subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 or the provisions of Section 7 hereof. Upon advising the Agents that such solicitation may be resumed, however, the Company shall simultaneously provide any documents required to be delivered by subsections (a), (b), (c), (f), (g), (h) or and (k) of this Section 4 and the provisions of Section 7 hereof, and the Agents shall have no obligation to solicit offers to purchase the Notes until such documents have been received by the Agents. In addition, if the Company fails to comply with any of its obligations hereunder, except to the extent suspended as provided herein, including without limitation, limitation its obligations to deliver the documents required by subsections (a), (b), (c), (f), (g), (h) or (k) of this Section 4 or the provisions of Section 7 hereof, the Agents shall have the right to terminate their obligations hereunder, including, including without limitation, limitation their obligations to solicit offers to purchase the Notes hereunder as agent or to purchase Notes hereunder as principal.