Common use of Agent’s Activities Clause in Contracts

Agent’s Activities. (a) The Corporation acknowledges that the Agent and its affiliates acts as principal and agent in the financial banking and investment banking industries in financial markets and, in such capacities, may, in the ordinary course of their activities, hold long or short positions, and may trade or otherwise effect or recommend transactions, for their own account or the accounts of their customers, in debt, equity or derivative securities of the Corporation or their affiliates or any other issuer that may be involved in the transactions contemplated by this Agreement or their affiliates. The Corporation agrees not to seek to restrict or challenge the ability of any of the Agent to carry out such activities. (b) The Corporation acknowledges that the Agent is not advising the Corporation or any other person related to it as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Corporation should consult with its own advisors concerning such matters and be responsible for making its own independent investigation and appraisal of the transactions contemplated hereby, and the Agent has no liability to Corporation with respect thereto. (c) In performing its responsibilities under this Agreement, the Agent may use the services of its affiliates provided that it will be responsible for ensuring that such affiliates comply with the terms of this Agreement.

Agent’s Activities. (a) The Corporation acknowledges that the Agent Agents and its their affiliates acts act as principal principals and agent agents in the financial banking and investment banking industries in financial markets and, in such capacities, may, in the ordinary course of their activities, hold long or short positions, and may trade or otherwise effect or recommend transactions, for their own account or the accounts of their customers, in debt, equity or derivative securities of the Corporation or their affiliates or any other issuer that may be involved in the transactions contemplated by this Agreement or their affiliates. The Corporation agrees not to seek to restrict or challenge the ability of any of the Agent Agents to carry out such activities. (b) The Corporation acknowledges that none of the Agent is not Agents are advising the Corporation or any other person related to it as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Corporation should consult with its own advisors concerning such matters and be responsible for making its own independent investigation and appraisal of the transactions contemplated hereby, and the Agent has Agents have no liability to Corporation with respect thereto. (c) In performing its responsibilities under this Agreement, each of the Agent Agents may use the services of its affiliates provided that it will be responsible for ensuring that such affiliates comply with the terms of this Agreement.