Common use of Purchases as Principal Solicitations as Agent Clause in Contracts

Purchases as Principal Solicitations as Agent. (a) Purchases as Principal. Unless otherwise agreed by the Company and the applicable Agent, Notes shall be purchased by such Agent as principal. Such purchase shall be made in accordance with the terms of this Agreement and a separate agreement which will provide for the sale of such Notes to, and the purchase and reoffering thereof by such Agent. Each such separate agreement (which may be an oral agreement and confirmed in writing as described below between the Agent and the Company) is herein referred to as a "Terms Agreement". Each such Terms Agreement, whether oral (and confirmed in writing, which may be by facsimile transmission) or in writing, shall be with respect to such information (as applicable) as is specified in Exhibit A hereto. Unless otherwise agreed to between the Company and the Agent in a Terms Agreement, any Note sold to an Agent (i) shall be purchased by such Agent at a price equal to 100% of the principal amount thereof less a percentage equal to the commission applicable to an agency sale of a Note of identical maturity and (ii) may be resold by such Agent at varying prices from time to time. In connection with any resale of Notes purchased, an Agent may use a selling or dealer group and may reallow any portion of the discount or commission payable pursuant hereto to dealers or other purchasers.