Common use of Appointment of the Placement Agent Clause in Contracts

Appointment of the Placement Agent. The Company hereby appoints the Placement Agent as its exclusive agent to offer and sell the Units on a "best efforts -- all or none" basis, as set forth in Section 3(d) below. The Placement Agent, on the basis of the representations, warranties, covenants and agreements of the Company, and subject to the conditions contained herein, accepts such appointment and agrees to use its best efforts to sell the Units. It is understood that the Placement Agent has no commitment to sell the Units other than to use its best efforts.

Appointment of the Placement Agent. The Company hereby appoints the Placement Agent as its exclusive agent to offer and sell the Units on a "best efforts -- all efforts, any or noneall" basisbasis to accredited investors, as set forth in Section 3(d) 3 below. The Placement Agent, on the basis of the representations, warranties, covenants and agreements of the Company, and subject to the conditions contained herein, accepts such appointment and agrees to use its best efforts to sell the Units. It is understood that the Placement Agent has no commitment to sell the Units other than to use its best efforts.