Solicitations as Agent Purchases as Principal. In soliciting purchases of the Notes on behalf of the Company and in performing its other obligations hereunder (other than with respect to any purchase by any Agent as principal pursuant to a Terms Agreement), each Agent shall act solely as agent for the Company and not as principal. Each Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer to purchase Notes has been solicited by such Agent and accepted by the Company, PROVIDED, HOWEVER, that such Agent shall not have any liability to the Company in the event any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer it has accepted, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) notwithstanding such default, pay to such Agent any commission to which it would be entitled in connection with such sale. The Agents shall not have any obligation to purchase Notes from the Company as principal, but any Agent may agree from time to time to purchase Notes as principal. Any such purchase of Notes by an Agent as principal shall be made in accordance with Section 3(b) hereof.
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Solicitations as Agent Purchases as Principal. In soliciting purchases offers for the purchase of the Notes on behalf as agent of the Company and in performing its other obligations hereunder (other than with respect to any purchase by any Agent as principal pursuant to a Terms Agreement)Company, each the applicable Agent shall act solely as agent for the Company and not as principal. Each Such Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer to purchase Notes has been solicited by such Agent and accepted by the Company, PROVIDED, HOWEVER, that but such Agent shall not have any liability to the Company in the event any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer it to purchase Notes has acceptedbeen solicited by an Agent on an agency basis and accepted by the Company, the Company shall (i) hold such Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) notwithstanding such default, pay to such Agent any commission to which it Banc One Capital Markets, Inc. Chase Securities Inc. ▇▇▇▇▇▇▇, ▇▇▇▇▇ & Co. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. Incorporated would be entitled in connection with such sale. The None of the Agents shall not have any obligation to purchase Notes from the Company as principal, but any Agent one or more Agents may agree from time to time to purchase Notes as principal. Any such purchase of Notes by an Agent as principal shall be made in accordance with Section 3(b) hereof.
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Solicitations as Agent Purchases as Principal. In soliciting purchases of the Notes on behalf of the Company and in performing its other obligations hereunder (other than with respect to any purchase by any the Agent as principal pursuant to a Terms Agreement), each the Agent shall act solely as agent for the Company and not as principal. Each The Agent shall make reasonable efforts to assist the Company in obtaining performance by each purchaser whose offer to purchase Notes has been solicited by such the Agent and accepted by the Company, PROVIDED, HOWEVER, that such the Agent shall not have any liability to the Company in the event any such purchase is not consummated for any reason. If the Company shall default on its obligation to deliver Notes to a purchaser whose offer it has accepted, the Company shall (i) hold such the Agent harmless against any loss, claim or damage arising from or as a result of such default by the Company and (ii) notwithstanding such default, pay to such the Agent any commission to which it would be entitled in connection with such sale. The Agents Agent shall not have any obligation to purchase Notes from the Company as principal, but any the Agent may agree from time to time to purchase Notes as principal. Any such purchase of Notes by an the Agent as principal shall be made in accordance with Section 3(b) hereof.
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