Common use of Agreement of the Underwriter Clause in Contracts

Agreement of the Underwriter. a) The Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by the Underwriter the notice required by Rule 173 under the Act, informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from the Underwriter; (ii) if a paper copy of the Prospectus is requested by a Person who receives a confirmation, the Underwriter shall deliver a paper copy of such Prospectus to such Person; and (iii) if an electronic copy of the Prospectus is delivered by the Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to the Underwriter by or on behalf of the Company specifically for use by the Underwriter pursuant to this Section 11; for example, if the Prospectus is delivered to the Underwriter by or on behalf of the Company in a single electronic file in a read-only format, then the Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in read-only format. The Underwriter further agrees that if it delivers to an investor the Prospectus in read-only format, upon the Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, the Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Agreement of the Underwriter. (a) The Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by the Underwriter the notice required by Rule 173 under the Act, Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from the Underwriter; (ii) if a paper copy of the Prospectus is requested by a Person person who receives a confirmation, the Underwriter shall deliver a printed or paper copy of such Prospectus to such PersonProspectus; and (iii) if an electronic copy of the Prospectus is delivered by the Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to the Underwriter by or on behalf of the Company specifically for use by the Underwriter pursuant to this Section 119(a); for example, if the Prospectus is delivered to the Underwriter by or on behalf of the Company in a single electronic file in a read-only .pdf format, then the Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in read-only .pdf format. The Underwriter further agrees that if it delivers to an investor the Prospectus in read-only .pdf format, upon the Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, the Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Agreement of the Underwriter. (a) The Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by the Underwriter the notice required by Rule 173 under the Act, informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from the Underwriter; (ii) if a paper copy of the Prospectus is requested by a Person who receives a confirmation, the Underwriter shall deliver a paper copy of such Prospectus to such Person; and (iii) if an electronic copy of the Prospectus is delivered by the Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to the Underwriter by or on behalf of the Company Depositor specifically for use by the Underwriter pursuant to this Section 119; for example, if the Prospectus is delivered to the Underwriter by or on behalf of the Company Depositor in a single electronic file in a read-only format, then the Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in read-only format. The Underwriter further agrees that if it delivers to an investor the Prospectus in read-only format, upon the Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, the Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Agreement of the Underwriter. (a) The Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by the such Underwriter the notice required by Rule 173 under the Act, Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from the such Underwriter; (ii) if a paper copy of the Prospectus is requested by a Person person who receives a confirmation, the such Underwriter shall deliver a printed or paper copy of such Prospectus to such PersonProspectus; and (iii) if an electronic copy of the Prospectus is delivered by the an Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to the such Underwriter by or on behalf of the Company specifically for use by the such Underwriter pursuant to this Section 119(a); for example, if the Prospectus is delivered to the an Underwriter by or on behalf of the Company in a single electronic file in a read-only .pdf format, then the such Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in read-only .pdf format. The Underwriter further agrees that if it delivers to an investor the Prospectus in read-only .pdf format, upon the such Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, the such Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.

Agreement of the Underwriter. (a) The Underwriter agrees that (i) if the Prospectus is not delivered with the confirmation in reliance on Rule 172 under the Act, it will include in every confirmation sent out by the Underwriter the notice required by Rule 173 under the Act, Act informing the investor that the sale was made pursuant to the Registration Statement and that the investor may request a copy of the Prospectus from the Underwriter; (ii) if a paper copy of the Prospectus is requested by a Person person who receives a confirmation, the Underwriter shall deliver a printed or paper copy of such Prospectus to such PersonProspectus; and (iii) if an electronic copy of the Prospectus is delivered by the Underwriter for any purpose, such copy shall be the same electronic file containing the Prospectus in the identical form transmitted electronically to the Underwriter by or on behalf of the Company specifically for use by the Underwriter pursuant to this Section 119(a); for example, if the Prospectus is delivered to the Underwriter by or on behalf of the Company in a single electronic file in a read-only .pdf format, then the Underwriter will deliver the electronic copy of the Prospectus in the same single electronic file in read-only .pdf format. .The Underwriter further agrees that if it delivers to an investor the Prospectus in read-only .pdf format, upon the Underwriter’s receipt of a request from the investor within the period for which delivery of the Prospectus is required, the Underwriter will promptly deliver or cause to be delivered to the investor, without charge, a paper copy of the Prospectus.