Common use of Offerees Clause in Contracts

Offerees. The Company represents that neither the Company nor any Person acting as its agent, broker, dealer or otherwise in connection with the offering or sale of the Preferred Stock has, either directly or through any agent, offered any of the Preferred Stock or any similar securities for sale to, or solicited any offers to buy any thereof from, or otherwise approached or negotiated in respect thereof with, any Person or Persons other than the Purchaser. The Company agrees that neither it nor any agent will on behalf of it, sell or offer any of the Preferred Stock or any similar securities to, or solicit offers to buy any thereof from, or otherwise approach or negotiate in respect thereof with, any other Person or Persons whomsoever, or take any other action, so as to bring the issuance and sale of the Preferred Stock within the provisions of Section 5 of the Securities Act or the provisions of any state securities law requiring registration of securities, notification of the issuance and sale thereof or confirmation of the availability of any exemption from registration thereof.

Offerees. The Company represents that neither the Company nor any Person acting as its agent, broker, dealer or otherwise in connection with the offering or sale of the Preferred Stock Notes has, either directly or through any agent, offered any of the Preferred Stock Notes or any similar securities for sale to, or solicited any offers to buy any thereof from, or otherwise approached or negotiated in respect thereof with, any Person or Persons other than the Purchaser. The Company agrees that neither it nor any agent will on behalf of it, sell or offer any of the Preferred Stock Notes or any similar securities to, or solicit offers to buy any thereof from, or otherwise approach or negotiate in respect thereof with, any other Person or Persons whomsoever, or take any other action, so as to bring the issuance and sale of the Preferred Stock Notes within the provisions of Section 5 of the Securities Act or the provisions of any state securities law requiring registration of securities, notification of the issuance and sale thereof or confirmation of the availability of any exemption from registration thereof.