Common use of The Agent will Clause in Contracts

The Agent will. (i) comply with all provisions of law applicable to its activities contemplated by this Agreement and (ii) use and rely solely on the “Company Documents” and “Other Information” (as such terms are defined in paragraph A.5., below) and on information available from generally recognized public sources in connection with offering the Interests. (a) The Company shall furnish the Agent, from time to time, such number as the Agent may reasonably request of the following documents: (i) the Confidential Private Placement Memorandum of the Company, dated October 2007, and any supplements and amendments thereto (such memorandum, together with any such supplements and amendments thereto, collectively, the “Memorandum”); (ii) the Limited Liability Company Agreement of the Company, dated as of October 17, 2007, as amended from time to time (the “Company Agreement”); and (iii) the Subscription Booklet for the Company pursuant to which prospective Investors will subscribe for Interests (the “Subscription Booklet” and, together with the Memorandum and the Company Agreement, the “Company Documents”). (b) The Company, from time to time, may provide the Agent with additional material, data or other information (collectively, “Other Information”) relating to the Company to make available to prospective Investors. (c) The parties hereto recognize and confirm that the Company has the right, in its sole discretion, to reject any offer to purchase Interests and to suspend the offering of Interests without notice, for any reason and at any time.

The Agent will. (i) comply with all provisions of law applicable to its activities contemplated by this Agreement and (ii) use and rely solely on the “Company Documents” and “Other Information” (as such terms are defined in paragraph A.5A.4., below) and on information available from generally recognized public sources in connection with offering the Interests. (a) The Company shall furnish the Agent, from time to time, such number as the Agent may reasonably request of the following documents: (i) the Confidential Private Placement Memorandum of the Company, dated October 2007, and any supplements and amendments thereto (such memorandum, together with any such supplements and amendments thereto, collectively, the “Memorandum”); (ii) the Limited Liability Company Agreement of the Company, dated as of October 17, 2007, as amended from time to time (the “Company Agreement”); and (iii) the Subscription Booklet for the Company pursuant to which prospective Investors will subscribe for Interests (the “Subscription Booklet” and, together with the Memorandum and the Company Agreement, the “Company Documents”). (b) The Company, from time to time, may provide the Agent with additional material, data or other information (collectively, “Other Information”) relating to the Company to make available to prospective Investors. (c) The parties hereto recognize and confirm that the Company has the right, in its sole discretion, to reject any offer to purchase Interests and to suspend the offering of Interests without notice, for any reason and at any time.