Common use of Delivery of Placement Securities Clause in Contracts

Delivery of Placement Securities. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Placement Securities being sold by crediting MLV’s or its designee’s account (provided MLV shall have given the Partnership written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable and registered units eligible for delivery through DTC. On each Settlement Date, MLV will deliver the related Net Proceeds in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Placement Securities on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 11(a) hereto, it will (i) hold MLV harmless against any loss, claim, damage, or reasonable, documented expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent (if applicable) and (ii) pay to MLV (without duplication) any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement Securities. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Placement Securities being sold by crediting MLVVirtu’s or its designee’s account (provided MLV Virtu shall have given the Partnership written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable and registered units eligible for delivery through DTC. On each Settlement Date, MLV Virtu will deliver the related Net Proceeds in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Placement Securities on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 11(a) hereto, it will (i) hold MLV Virtu harmless against any loss, claim, damage, or reasonable, documented expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent (if applicable) and (ii) pay to MLV Virtu (without duplication) any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement Securities. On or before each Settlement Date, the Partnership Company will, or will cause its transfer agent the Trustee to, electronically transfer the Placement Securities being sold by crediting MLVthe Agent’s or its designee’s account (provided MLV the Agent shall have given the Partnership Company written notice of such designee and such designee’s account information at least one two Trading Day Days prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable and transferable, registered units eligible for delivery through DTCPlacement Securities in good deliverable form. On each Settlement Date, MLV the Agent will deliver the related Net Proceeds in same day funds to an account designated by the Partnership Company on, or prior to, the Settlement Date. The Partnership Company agrees that if the Partnership, Company or its transfer agent the Trustee (if applicable), defaults in its obligation to deliver Placement Securities on a Settlement DateDate through no fault of the Agent, the Partnership agrees that then in addition to and in no way limiting the rights and obligations set forth in Section 11(a) hereto, it will (i) hold MLV the Agent harmless against any loss, claim, damage, or reasonable, documented expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership Company or its transfer agent the Trustee (if applicable) and (ii) pay to MLV the Agent (without duplication) any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement Securities. On or before each Settlement Date, the Partnership Company will, or will cause its transfer agent or the Trustee, as applicable, to, electronically transfer the Placement Securities being sold by crediting MLVthe Agent’s or its designee’s account (provided MLV the Agent shall have given the Partnership Company written notice of such designee and such designee’s account information at least one two Trading Day Days prior to the Settlement Date) at The Depository Trust Company (“DTC”) DTC through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable and transferable, registered units eligible for delivery through DTCPlacement Securities in good deliverable form. On In connection with each Settlement Date, MLV the Agent will deliver the related Net Proceeds in same day funds to an account designated by the Partnership Company on, or prior to, the Settlement Date. The Partnership Company agrees that if the PartnershipCompany, or its transfer agent or the Trustee (if applicable), defaults in its obligation to deliver Placement Securities on a Settlement DateDate through no fault of the Agent, the Partnership agrees that then in addition to and in no way limiting the rights and obligations set forth in Section 11(a) hereto, it will (i) hold MLV the Agent harmless against any loss, claim, damage, or reasonable, documented expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or Company, its transfer agent or the Trustee (if applicable) and (ii) pay to MLV the Agent (without duplication) any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement Securities. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Placement Securities being sold by crediting MLVFBR’s or its designee’s account (provided MLV FBR shall have given the Partnership written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable and registered units eligible for delivery through DTC. On each Settlement Date, MLV FBR will deliver the related Net Proceeds in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Placement Securities on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 11(a) hereto, it will (i) hold MLV FBR harmless against any loss, claim, damage, or reasonable, documented expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent (if applicable) and (ii) pay to MLV FBR (without duplication) any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement Securities. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Placement Securities being sold by crediting MLVthe Sales Agent’s or its designee’s account (provided MLV the Sales Agent shall have given the Partnership written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable and registered units eligible for delivery through DTC. On each Settlement Date, MLV the Sales Agent will deliver the related Net Proceeds in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Placement Securities on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 11(a10(a) hereto, it will (i) hold MLV the Sales Agent harmless against any loss, liability, claim, damage, or reasonable, documented expense whatsoever (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent (if applicable) and (ii) pay to MLV (without duplication) the Sales Agent any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement Securities. On or before each Settlement Date, the Partnership Company will, or will cause its transfer agent the Trustee to, electronically transfer the Placement Securities being sold by crediting MLVthe Agent’s or its designee’s account (provided MLV the Agent shall have given the Partnership Company written notice of such designee and such designee’s account information at least one two Trading Day Days prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable and transferable, registered units eligible for delivery through DTCPlacement Securities in good deliverable form. On each Settlement Date, MLV the Agent will deliver the related Net Proceeds in same day funds to an account designated by the Partnership Company on, or prior to, the Settlement Date. The Partnership Company agrees that if the Partnership, Company or its transfer agent the Trustee (if applicable), defaults in its obligation to deliver Placement Securities on a Settlement DateDate through no fault of the Agent, the Partnership agrees that then in addition to and in no way limiting the rights and obligations set forth in Section 11(a12(a) hereto, it will (i) hold MLV the Agent harmless against any loss, claim, damage, or reasonable, documented expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership Company or its transfer agent the Trustee (if applicable) and (ii) pay to MLV the Agent (without duplication) any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement Securities. On or before each Settlement Date, the Partnership Company will, or will cause its transfer agent to, electronically transfer the Placement Securities being sold by crediting MLVthe Designated Agent’s or its designee’s account (provided MLV the Designated Agent shall have given the Partnership Company written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable and registered units shares of Common Stock eligible for delivery through DTC. On each Settlement Date, MLV the Designated Agent will deliver the related Net Proceeds in same day funds to an account designated by the Partnership Company on, or prior to, the Settlement Date. The Partnership Company agrees that if the PartnershipCompany, or its transfer agent (if applicable), defaults in its obligation to deliver Placement Securities on a Settlement Date, the Partnership Company agrees that in addition to and in no way limiting the rights and obligations set forth in Section 11(a) hereto, it will (i) hold MLV the Designated Agent harmless against any loss, claim, damage, or reasonable, documented expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership Company or its transfer agent (if applicable) and (ii) pay to MLV the Designated Agent (without duplication) any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement Securities. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Placement Securities being sold by crediting MLVBRFBR’s or its designee’s account (provided MLV BRFBR shall have given the Partnership written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto hereto, which in all cases shall be freely tradable, transferable and registered units eligible for delivery through DTC. On each Settlement Date, MLV BRFBR will deliver the related Net Proceeds in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Placement Securities on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 11(a) hereto, it will (i) hold MLV BRFBR harmless against any loss, claim, damage, or reasonable, documented expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent (if applicable) and (ii) pay to MLV BRFBR (without duplication) any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement Securities. On or before each Settlement Date, the Partnership Company will, or will cause its transfer agent to, electronically transfer the Placement Securities being sold by crediting MLVVirtu’s or its designee’s account (provided MLV Virtu shall have given the Partnership Company written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable and registered units shares of Common Stock eligible for delivery through DTC. On each Settlement Date, MLV Virtu will deliver the related Net Proceeds in same day funds to an account designated by the Partnership Company on, or prior to, the Settlement Date. The Partnership Company agrees that if the PartnershipCompany, or its transfer agent (if applicable), defaults in its obligation to deliver Placement Securities on a Settlement Date, the Partnership Company agrees that in addition to and in no way limiting the rights and obligations set forth in Section 11(a) hereto, it will (i) hold MLV Virtu harmless against any loss, claim, damage, or reasonable, documented expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership Company or its transfer agent (if applicable) and (ii) pay to MLV Virtu (without duplication) any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.