Common use of Issuance and Sale Clause in Contracts

Issuance and Sale. (a) Upon the basis of the representations and warranties and subject to the terms and conditions set forth herein and provided that the Company provides KCM with any due diligence materials and information reasonably requested by KCM necessary for KCM to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the Company, the Company and KCM shall enter into an agreement in accordance with Section 3 hereof regarding the number of Units to be placed by KCM as agent for the Company and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as a “Transaction”). As used in this Agreement, (i) the “Term” shall be the period commencing on the date hereof and ending on the earliest of (x) August 9, 2011, (y) the date on which the Maximum Number of Units have been issued and sold pursuant to this Agreement, and (z) the termination of this Agreement pursuant to Sections 9 or 10 hereof (the “Termination Date”), (ii) an “

Issuance and Sale. (a) Upon the basis of the representations and warranties and subject to the terms and conditions set forth herein and provided that the Company provides KCM KCA with any due diligence materials and information reasonably requested by KCM KCA necessary for KCM KCA to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the Company, the Company and KCM KCA shall enter into an agreement in accordance with Section 3 hereof regarding the number of Units Shares to be placed by KCM KCA as agent for the Company and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as a an “Transaction”). As used in this Agreement, (i) the “Term” shall be the period commencing on the date hereof and ending on the earliest of (x) August 9April 28, 20112012, (y) the date on which the Maximum Number of Units Shares have been issued and sold pursuant to this Agreement, and (z) the termination of this Agreement pursuant to Sections 9 or 10 hereof (the “Termination Date”), (ii) an “

Issuance and Sale. (a) Upon the basis of the representations and warranties and subject to the terms and conditions set forth herein and provided that the Company Partnership provides KCM KCA with any due diligence materials and information reasonably requested by KCM KCA necessary for KCM KCA to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the CompanyPartnership, the Company Partnership and KCM KCA shall enter into an agreement in accordance with Section 3 hereof regarding the number of Units to be placed by KCM KCA as agent for the Company Partnership and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as a “Transaction”). As used in this Agreement, (i) the “Term” shall be the period commencing on the date hereof and ending on the earliest of (x) August 925, 2011, (y) the date on which the Maximum Number of Units have been issued and sold pursuant to this Agreement, and (z) the termination of this Agreement pursuant to Sections 9 or 10 hereof (the “Termination Date”), (ii) an “

Issuance and Sale. (a) Upon the basis of the representations and warranties and subject to the terms and conditions set forth herein and provided that the Company provides KCM KCA with any due diligence materials and information reasonably requested by KCM KCA necessary for KCM KCA to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the Company, the Company and KCM KCA shall enter into an agreement in accordance with Section 3 hereof regarding the number of Units to be placed by KCM KCA as agent for the Company and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as a “Transaction”). As used in this Agreement, (i) the “Term” shall be the period commencing on the date hereof and ending on the earliest of (x) August 9September 5, 20112014, (y) the date on which the Maximum Number of Units have been issued and sold pursuant to this Agreement, and (z) the termination of this Agreement pursuant to Sections 9 or 10 hereof (the “Termination Date”), (ii) an “

Issuance and Sale. (a) Upon the basis of the representations and warranties and subject to the terms and conditions set forth herein and provided that the Company provides KCM the Agent with any due diligence materials and information reasonably requested by KCM the Agent necessary for KCM the Agent to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the Company, (A) with respect to purchases by the Agent as principal, the Company and KCM the Agent shall enter into an agreement in accordance with Section 3 hereof regarding the number of Units Shares to be purchased by the Agent and the manner in which and other the terms upon which such sale is to occur (each such transaction being referred to as a “Principal Transaction”), and (B) with respect to purchases by the Agent as agent, the Company and the Agent shall enter into an agreement regarding the number of Shares to be placed by KCM as agent for the Company Agent and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as a an “Agency Transaction”). As used in this Agreement, (i) the “Term” shall be the period commencing on the date hereof and ending on the earliest earlier of (x) August 9December 31, 20112004, (y) the date on which the Maximum Number of Units Shares have been issued and sold pursuant to this Agreement, the Agreement and (z) the termination of this Agreement pursuant to Sections Section 9 or 10 hereof (the “Termination Date”), (ii) an “

Issuance and Sale. (a) Upon the basis of the representations and warranties and subject to the terms and conditions set forth herein and provided that the Company provides KCM KCA with any due diligence materials and information reasonably requested by KCM KCA necessary for KCM KCA to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the Company, the Company and KCM KCA shall enter into an agreement in accordance with Section 3 hereof regarding the number of Units Shares to be placed by KCM KCA as agent for the Company and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as a an “Transaction”). As used in this Agreement, (i) the “Term” shall be the period commencing on the date hereof and ending on the earliest of (x) August 9March 16, 20112012, (y) the date on which the Maximum Number of Units Shares have been issued and sold pursuant to this Agreement, and (z) the termination of this Agreement pursuant to Sections 9 or 10 hereof (the “Termination Date”), (ii) an “