Suspension of Solicitation; Amendment or Supplement. NIB reserves the right, in its sole discretion, to instruct the Agents to suspend at any time, for any period of time or permanently, the solicitation of orders to purchase Book-Entry Notes. Upon receipt of such instructions, the Agents will forthwith suspend solicitation until such time as NIB has advised them that such solicitation may be resumed. In the event that at the time NIB suspends solicitation of purchases there shall be any orders outstanding for settlement, NIB will promptly advise the Agents and the Fiscal Agent whether such orders may be settled and whether copies of the Prospectus as in effect at the time of the suspension, together with the appropriate Pricing Supplement, or 144A Prospectus, as applicable, may be delivered in connection with the settlement of such orders. NIB will have the sole responsibility for such decision and for any arrangements that may be made in the event that NIB determines that such orders may not be settled or that copies of such Prospectus or 144A Prospectus may not be so delivered. In the case of Registered Notes only, if NIB decides to amend or supplement the Registration Statement (as defined in the Selling Agency Agreement) or the Prospectus, it will promptly advise the Agents and furnish the Agents with the proposed amendment or supplement and with such certificates and opinions as are required, all to the extent required by and in accordance with the terms of the Selling Agency Agreement. Subject to the provisions of the Selling Agency Agreement, NIB may file with the Commission any such supplement to the Prospectus relating to the Notes. NIB will provide the Agents and the Fiscal Agent with copies of any such supplement, and confirm to the Agents that such supplement has been filed with the Commission pursuant to the applicable paragraph of Rule 424(b). In the case of 144A Notes only, if NIB decides to amend or supplement a 144A Prospectus, it will promptly advise the Agents and furnish the Agents with the proposed amendment or supplement and with such certificates and opinions as are required, all to the extent required by and in accordance with the terms of the Selling Agency Agreement.
Suspension of Solicitation; Amendment or Supplement. Subject to the Company's representations, warranties and covenants contained in the Selling Agent Agreement, the Company may instruct the Agents to suspend at any time for any period of time or permanently, the solicitation of orders to purchase Notes. Upon receipt of such instructions (which may be given orally), each Agent will forthwith suspend solicitation until such time as the Company has advised it that solicitation of purchases may be resumed. In the event that at the time the Company suspends solicitation of purchases there shall be any orders outstanding for settlement, the Company will promptly advise the Agents and the Trustee whether such orders may be settled and whether copies of the Prospectus as in effect at the time of the suspension may be delivered in connection with the settlement of such orders. The Company will have the sole responsibility for such decision and for any arrangements which may be made in the event that the Company determines that such orders may not be settled or that copies of such Prospectus may not be so delivered. If the Company decides to amend or supplement the Registration Statement or the Prospectus, it will promptly advise the Agents and furnish the Agents and the Trustee with the proposed amendment or supplement and with such certificates and opinions as are required, all to the extent required by and in accordance with the terms of the Selling Agent Agreement. Subject to the provisions of the Selling Agent Agreement, the Company may file with the Commission any supplement to the Prospectus relating to the Notes. The Company will provide the Agents and the Trustee with copies of any such supplement, and confirm to the Agents that such supplement has been filed with the Commission.
Suspension of Solicitation; Amendment or Supplement. As provided in the Agency Agreement, the Company may suspend solicitation of purchases at any time and, upon receipt of at least one Business Day's prior notice from the Company, the Agents will each forthwith suspend solicitation until such time as the Company has advised them that solicitation of purchases may be resumed. If the Agents receive the notice from the Company contemplated by Section 4(b) of the Agency Agreement, they will promptly suspend solicitation and will only resume solicitation as provided in the Agency Agreement. If the Company decides to amend or supplement the Registration Statement or the Prospectus relating to the Notes, it will promptly advise each Agent and will furnish each Agent with the proposed amendment or supplement in accordance with the terms of the Agency Agreement. The Company will promptly file such amendment or supplement; provide the Agents with copies of any such amendment or supplement; confirm to the Agents that such amendment or supplement has been filed with the Commission; and advise the Agents that solicitation may be resumed. Any such suspension shall not affect the Company's obligations under the Agency Agreement; and in the event that at the time the Company suspends solicitation of purchases there shall be any offers already accepted by the Company outstanding for settlement, the Company will have the sole responsibility for fulfilling such obligations. The Company will in addition promptly advise the Agents and the Bank if such offers are not to be settled and if copies of the Prospectus as in effect at the time of the suspension may not be delivered in connection with the settlement of such offers.
Suspension of Solicitation; Amendment or Supplement. The Company reserves the right, in its sole discretion, to instruct the Agents to suspend at any time, for any period of time or permanently, the solicitation of orders to purchase Book-Entry Notes. Upon receipt of such instructions, the Agents will forthwith suspend solicitation until such time as the Company has advised them that such solicitation may be resumed. If the Company decides to amend or supplement the Registration Statement (as defined in the Agency Agreement) or the Prospectus (except for a supplement relating to an offering of securities other than the Notes), it will promptly advise the Agents and furnish the Agents with the proposed amendment or supplement and with such certificates and opinions as are required, all to the extent required by and in accordance with the terms of the Agency Agreement. Subject to the provisions of the Agency Agreement, the Company may file with the Commission any supplement to the Prospectus relating to the Notes. The Company will provide the Agents and the Trustee with copies of any supplement and confirm to the Agents that such supplement has been filed with the Commission pursuant to the applicable paragraph of Rule 424(b). EXHIBIT A-11 In the event that at the time the Company suspends solicitation of offers to purchase Book-Entry Notes there shall be any outstanding offers to purchase Book-Entry Notes that have been accepted by the Company but for which settlement has not yet occurred, the Company will promptly advise the relevant Agent and the Trustee whether such orders may be settled and whether copies of the Prospectus as supplemented to the time of the suspension may be delivered in connection with the settlement of such sales. The Company will have the sole responsibility for such decision and for any arrangements that may be made in the event that the Company determines that such orders may not be settled or that copies of such Prospectus may not be so delivered.
Suspension of Solicitation; Amendment or Supplement. The Company may instruct the Agents to suspend solicitation of purchases at any time. Upon receipt of such instructions the Agents will forthwith suspend solicitation of offers to purchase from the Company and, if the Agents shall not then hold any Notes as principal purchased pursuant to a Terms Agreement (or, if the Agents hold Notes as principal pursuant to a Terms Agreement, the Agents have held such Notes for more than 180 days), the Company's obligations described in this paragraph shall likewise be suspended until such time as the Company has advised them that solicitation of offers to purchase may be resumed. The Company will give the Agents notice of its intention to file or prepare any additional registration statement with respect to the registration of additional Notes, any amendment to the Registration Statement or any amendment or supplement to the Prospectus (other than an amendment or supplement providing solely for a change in the interest rates of the Notes or an amendment or supplement that relates exclusively to an offering of senior debt securities other than the Notes) or any document that would as a result thereof be incorporated by reference in the Prospectus, and will furnish the Agents with copies of any such amendment or supplement or other documents proposed to be filed or prepared a reasonable time in advance of such proposed filing or preparation, as the case may be, and will not file any such amendment or supplement or other documents in a form to which the Agents or counsel for the Agents shall reasonably object; PROVIDED, that the requirements of this sentence shall not apply to the Company's proxy statement, its Annual Report on Form 10-K, its Quarterly Reports on Form 10-Q or its Current Reports on Form 8-K, so long as the Company shall furnish the Agents with copies of such documents on or prior to the date of filing thereof with the
Suspension of Solicitation; Amendment or Supplement. The Company may instruct the Agents to suspend solicitation of offers to purchase Notes at any time. Upon receipt of such instructions, the Agents will forthwith suspend solicitation of offers to purchase from the Company until such time as the Company has advised the Agents that solicitation of offers to purchase may be resumed. If the Company decides to amend or supplement the Registration Statement or the Prospectus (other than to establish or change interest rates or formulas, maturities, prices or other similar variable terms with respect to the Notes), it will promptly advise the Agents and will furnish the Agents and their counsel with copies of the proposed amendment or supplement. Copies of such amendment or supplement will be delivered or mailed to the Agents, their counsel and the Trustee in quantities which such parties may reasonably request at the following respective addresses: if to _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ D-11 _______________ _______________ _______________ _______________ and to: Xxxxxxxx Xxxxxxx LLP 0000 Xxxx Xxxx Xxxxxx Xxxxxxxx, Xxxxxxxx 00000 Attention: F. Xxxxxxxxx Xxxxxxxx, Xx., Esquire Telephone: (000) 000-0000 Facsimile: (000) 000-0000 In the event that at the time the solicitation of offers to purchase from the Company is suspended (other than to establish or change interest rates or formulas, maturities, prices or other similar variable terms with respect to the Notes) there shall be any offers to purchase Notes that have been accepted by the Company which have not been settled, the Company will promptly advise the Offering Agent and the Trustee whether such offers may be settled and whether copies of the Prospectus as theretofore amended and/or supplemented as in effect at the time of the suspension may be delivered in connection with the settlement of such offers. The Company will have the sole responsibility for such decision and for any arrangements which may be made in the event tha...
Suspension of Solicitation; Amendment or Supplement. The Company may instruct the Agents to suspend solicitation of purchases at any time. Upon receipt of such instructions the Agents will forthwith suspend solicitation of offers to purchase from the Company until such time as the Company has advised them that solicitation of offers to purchase may be resumed. If the Company decides to amend the Registration Statement (including incorporating any documents by reference therein) or supplement any of such documents (other than to change rates or other variable terms), it will promptly advise the Agents and will furnish the Agents and their counsel with copies of the proposed amendment (including any document proposed to be incorporated by reference therein) or supplement. One copy of such filed document, along with a copy of the cover letter sent to the Commission, will be delivered or mailed to the Agents at the following respective addresses: ABN AMRO Incorporated 50 Xxxx 00xx Xxxxxx New York, New York 10055 Attention: Medium-Term-Note Department Banc of America Securities LLC NY1-040-27-03 40 Xxxx 00xx Xxxxxx New York, New York 10019 Attention: High Grade Transaction Management Barclays Capital Inc. 200 Xxxx Xxxxxx New York, New York 10166 Attention: MTN Trading BNP Paribas Securities Corp. 700 Xxxxxxx Xxxxxx New York, New York 10019 Attention: MTN Desk Telecopy number: (000) 000-0000 Telephone number: (000) 000-0000 Citigroup Global Markets Inc. 300 Xxxxxxxxx Xxxxxx New York, New York 10013 Attention: Medium-Term Note Department Credit Suisse Securities (USA) LLC 10 Xxxxxxx Xxxxxx New York, New York 10010 Attention: Hxxxxx Xxxxxxx, Medium-Term Note Department Deutsche Bank Securities Inc. 60 Xxxx Xxxxxx New York, New York 10005 Attention: Medium-Term Note Desk HSBC Securities (USA) Inc. 400 Xxxxx Xxxxxx, 0xx Floor New York, New York 10018 Attention: Axxxxx X. Xxxxxxx also, for record keeping purposes, please send a copy to: ADP Prospectus Services c/o HSBC Securities (USA), Inc. 1000 Xxxx Xxxxxx Xxxxxx, Xxx 0-0 Edgewood, New York 11717 Attention: Gxxxxxx Xxxxxxxx Telecopy number: (000) 000-0000 Telephone number: (000) 000-0000 J.X. Xxxxxx Securities Inc. 200 Xxxx Xxxxxx, 0xx Floor New York, New York 10017 Attention: Transaction Execution Group Lxxxxx Brothers Inc. 700 Xxxxxxx Xxxxxx New York, New York 10019 Attention: Fixed Income Syndicate/ Medium Term Note Desk Mxxxxxx Lynch, Pierce, Fxxxxx & Sxxxx Incorporated Tritech Services 40-X Xxxxxxxx Xxxxx Piscataway, New Jersey 08854 Attention: Final Prospectus ...
Suspension of Solicitation; Amendment or Supplement. The Issuer may instruct the Agents to suspend solicitation of offers to purchase Certificated Notes at any time. Upon receipt of such instructions, each Agent will as soon as possible suspend such solicitations until such time as it has been advised by the Issuer that such solicitations may be resumed. The Issuer will, consistent with its obligations under the Distribution Agreement, promptly advise each Agent and the Trustee whether orders outstanding at the time such Agent suspends solicitation may be settled and whether copies of the Prospectus, as in effect at the time of the suspension, together with the appropriate Pricing Supplement, may be delivered in connection with the settlement of such orders. 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 orders may not be settled or that copies of such Prospectus and Pricing Supplement may not be so delivered.
Suspension of Solicitation; Amendment or Supplement. In the event that at the time the Agents, at the direction of Xxxxxxx Kodak, suspend solicitation of offers to purchase from Xxxxxxx Kodak there shall be any orders outstanding which have not been settled, Xxxxxxx Kodak will promptly advise the Agents and the Trustee whether such orders may be settled and whether copies of the Prospectus as theretofore amended and/or supplemented as in effect at the time of the suspension may be delivered in connection with the Settlement of such orders. Xxxxxxx Kodak will have the sole responsibility for such decision and for any arrangements which may be made in the event that Xxxxxxx Kodak determines that such orders may not be settled or that copies of such Prospectus may not be so delivered. DELIVERY OF PROSPECTUS A copy of the Prospectus as most recently amended or supplemented on the date of delivery thereof, together with the applicable pricing supplement, must be delivered to a purchaser prior to or together with the earlier of the delivery by the Agents of (i) the written confirmation of a sale sent to a purchaser or his agent and (ii) any Note purchased by such purchaser. Xxxxxxx Kodak shall ensure that the Presenting Agent receives copies of the Prospectus and each amendment or supplement thereto (including the applicable pricing supplement) in such quantities and within such time limits as will enable the Presenting Agent to deliver such confirmation or Note to a purchaser as contemplated by these procedures and in compliance with the preceding sentence. Copies of pricing supplements should be delivered by facsimile to Xxxxxx Brothers Inc., c/o ADP Prospectus Services, 000 Xxxxxxxxxxx Xxxx, Xxxxxxxx, Xxx Xxxx 00000, Attention: Xxxx Xxxx, Facsimile: (000) 000-0000, and by hand to Xxxxxx Brothers Inc., 3 World Financial Center, 9th Floor, New York, New York 10285-0900, Attention: Xxxxxxx Xxxxxxx, Telephone: (000) 000-0000; to Credit Suisse First Boston Corporation, Attention: Short and Medium Term Finance, Telephone: (000) 000-0000, Facsimile: (000) 000-0000; and to Xxxxxxx Xxxxx & Co, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxxx Xxxxxxxxxxx, Money Market Origination, Telephone: (000) 000-0000, Facsimile: (000) 000-0000. If, since the date of acceptance of a purchaser's offer, the Prospectus shall have been supplemented solely to reflect any sale of Notes on terms different from those agreed to between Xxxxxxx Kodak and such purchaser, or a change in posted rates not applicable to such purchase...
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. Exhibit I Initial Issuance Settlement Procedures (Days are both Trading Days and Business Days) All times are New York City Time T-30 (or more or less) T-1 Trade Date T +1 T +2 T +3 T +4 Pricing Date Settlement Date A B C D E F, G, H
