Common use of STATUS OF THE DISTRIBUTOR Clause in Contracts

STATUS OF THE DISTRIBUTOR. In soliciting offers to purchase the Securities from the Issuer pursuant to this Agreement and in assuming its other obligations hereunder (other than any obligation to purchase Securities pursuant to Section 3 hereof), the Distributor is acting solely as agent for the Issuer and not as principal. In connection with the placement of any Securities by a Distributor, acting as agent, (a) the Distributor will make reasonable efforts to assist the Issuer in obtaining performance by each purchaser whose offer to purchase Securities from the Issuer has been solicited by the Distributor and accepted by the Issuer, but the Distributor shall have no liability to the Issuer in the event any such purchase is not consummated for any reason; and (b) if the Issuer shall default on its obligations to deliver Securities to a purchaser whose offer it has accepted, the Issuer (i) shall hold the Distributor harmless against any loss, claim or damage arising from or as a result of such default by the Issuer, and (ii) in particular, shall pay to the Distributor any commission to which it would be entitled in connection with such sale.

STATUS OF THE DISTRIBUTOR. In soliciting offers to purchase the Securities from the Issuer pursuant to this Agreement and in assuming its other obligations hereunder (other than any obligation to purchase Securities pursuant to Section 3 hereof), the Distributor is acting solely as agent for the Issuer and not as principal. In connection with the placement of any Securities by a Distributor, acting as agent, (a) the Distributor will make reasonable efforts to assist the Issuer in obtaining performance by each purchaser whose offer to purchase Securities from the Issuer has been solicited by the Distributor and accepted by the Issuer, but the Distributor shall have no liability to the Issuer in the event any such purchase is not consummated for any reason; and (b) if the Issuer shall default on its obligations to deliver Securities to a purchaser whose offer it has accepted, the Issuer (i) shall hold the Distributor harmless against any loss, claim or damage arising from or as a result of such default by the Issuer, and (ii) in particular, shall pay to the Distributor any commission to which it they would be entitled in connection with such sale.

STATUS OF THE DISTRIBUTOR. In soliciting offers to purchase the Securities ------------------------- Notes from the Issuer Company pursuant to this Agreement and in assuming its other obligations hereunder (other than any obligation to purchase Securities Notes pursuant to Section 3 hereof), the Distributor is acting individually and not jointly and is acting solely as agent for the Issuer Company and not as principal. In connection with the placement of any Securities Notes by a the Distributor, acting as agent, (a) the Distributor will make reasonable efforts to assist the Issuer Company in obtaining performance by each purchaser whose offer to purchase Securities Notes from the Issuer Company has been solicited by the Distributor and accepted by the IssuerCompany, but the Distributor shall have no liability to the Issuer Company in the event any such purchase is not consummated for any reason; and (b) if the Issuer Company shall default on its obligations to deliver Securities Notes to a purchaser whose offer it has accepted, the Issuer Company (i) shall hold the Distributor harmless against any loss, claim or damage arising from or as a result of such default by the IssuerCompany, and (ii) in particular, shall pay to the Distributor any commission to which it they would be entitled in connection with such sale.