Common use of Suspension of Solicitation; Amendment or Supplement Clause in Contracts

Suspension of Solicitation; Amendment or Supplement. Subject to the Issuer’s representations, warranties and covenants contained in the Distribution Agreement, the Issuer may instruct each Agent to suspend solicitation of offers to purchase the Securities at any time. Upon receipt of such instructions, each Agent will forthwith suspend such solicitation until such time as it has been advised by the Issuer that such solicitation may be resumed. The Issuer will, consistent with its obligations under the Distribution Agreement, promptly advise each Agent and the Trustee whether any accepted offers outstanding at the time such Agent suspended solicitation may be settled and whether copies of the Prospectus as in effect at the time of the suspension, together with the appropriate Prospectus Supplement, may be delivered in connection with the settlement of such offers. The Issuer will have the sole responsibility for such decision and for any arrangements that may be made in the event that the Issuer determines that such offers may not be settled or that copies of the Prospectus and such Prospectus Supplement may not be so delivered.

Suspension of Solicitation; Amendment or Supplement. Subject to the Issuer’s representations, warranties and covenants contained in the Distribution Agreement, the The Issuer may instruct each Agent the Agents to suspend solicitation of offers to purchase the Securities Book-Entry Notes at any time. Upon receipt of such instructions, each Agent will forthwith as soon as possible suspend such solicitation solicitations until such time as it has been advised by the Issuer that such solicitation solicitations may be resumed. The Issuer will, consistent with its obligations under the Distribution Agreement, promptly advise each Agent and the Trustee whether any accepted offers orders outstanding at the time such Agent suspended suspends solicitation may be settled and whether copies of the Prospectus Prospectus, as in effect at the time of the suspension, together with the appropriate Prospectus Pricing Supplement, may be delivered in connection with the settlement of such offersorders. The Issuer will have the sole responsibility for such decision and for any arrangements that may be made in the event that the Issuer determines that such offers orders may not be settled or that copies of the such Prospectus and such Prospectus Pricing Supplement may not be so delivered.

Suspension of Solicitation; Amendment or Supplement. Subject to the Issuer’s representations, warranties and covenants contained in the Distribution Agreement, the Issuer may instruct each ELEMENTS Agent to suspend solicitation of offers to purchase the Securities ELEMENTS Notes at any time. Upon receipt of such instructions, each ELEMENTS Agent will forthwith suspend such solicitation until such time as it has been advised by the Issuer that such solicitation may be resumed. The Issuer will, consistent with its obligations under the Distribution Agreement, promptly advise each ELEMENTS Agent and the Trustee whether any accepted offers outstanding at the time such ELEMENTS Agent suspended solicitation may be settled and whether copies of the Prospectus as in effect at the time of the suspension, together with the appropriate Prospectus Supplement, may be delivered in connection with the settlement of such offers. The Issuer will have the sole responsibility for such decision and for any arrangements that may be made in the event that the Issuer determines that such offers may not be settled or that copies of the Prospectus and such Prospectus Supplement may not be so delivered.