Appointment; Exclusivity. On the basis of the representations, warranties and agreements herein contained, and subject to the terms and conditions set forth herein and in the Prospectus during the term of this Agreement, the Company appoints the Agent as its exclusive agent for purposes of selling, including the offer and sale of the Notes, and servicing, including the servicing and administration of the Notes, in each case, under the Renewable Note Program upon the terms and conditions set forth herein, including without limitation compliance and conformity with Accepted Note Practices and Governmental Rules, and the Agent agrees to use its best efforts as such agent to offer and sell the Notes to Investors until the later of the termination of the Offering or the payment in full of all outstanding Notes, or until the termination of this Agreement, if earlier. During the term of this Agreement, the Company agrees to direct to the Agent all inquiries it receives with respect to the Notes.
Appears in 2 contracts
Sources: Distribution and Management Agreement (Onyx Acceptance Corp), Distribution and Management Agreement (Onyx Acceptance Corp)