Common use of No Guarantee of Placement, Etc Clause in Contracts

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; Shares and (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; , and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Designated Agent will be successful in placing Shares; (B) the Designated Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Designated Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Designated Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be is no assurance that the applicable Agent will be successful in placing Shares; Shares and (B) the such Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; Shares other than a failure by such Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell Shares as required by this Agreement, and (C) the applicable Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the applicable Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; the Depositary Units and (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; the Depositary Units, and (C) the Agent shall be under no obligation to purchase Shares the Depositary Units on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; , (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; , and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (Ai) there can be no assurance that the Agent will be successful in placing Shares; Shares and (Bii) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) . In acting hereunder, the Agent shall will not be under no obligation obligated to purchase any Shares on a principal basis pursuant to this Agreement, except for its own account or otherwise and will be acting as otherwise specifically agreed by agent for the Agent Company and the Companynot as principal.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Sales Agent will be successful in placing Shares; (B) the Sales Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Sales Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Sales Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; , (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; Shares and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (Ai) there can be no assurance that the Agent will be successful in placing Shares; Shares and (Bii) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; , and (Ciii) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; , (B) subject to the terms and conditions stated herein, the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; , and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent Agents will be successful in placing Shares; (B) the Agent Agents will incur no liability or obligation to the Company or any other Person if it does they do not sell Shares; and (C) the Agent Agents shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the relevant Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; Shares and (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; , and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the CompanyCompany in writing.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that that: (A) there can be no assurance that the Agent will be successful in placing Shares; (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; Shares and (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; , and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by unless the Company and the Agent and enter into a separate written agreement setting forth the Companyterms of such sale.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; (B) except as set forth in this Agreement, the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Designated Agent will be successful in placing Shares; (B) the Designated Agent will incur no liability or obligation to the Company or any other Person if it does not sell SharesShares for any reason other than a failure by the Designated Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Shares as required by this Section 4; and (C) the Designated Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Designated Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be is no assurance that the Agent will be successful in placing Shares; Shares and (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; Shares other than a failure by the Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell Shares as required by this Agreement, and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Designated Agent will be successful in placing Shares; (B) the Designated Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Designated Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell SharesShares for any reason; and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the applicable Agent will be successful in placing Shares; (B) the no Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the no Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the such Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; (B) the Agent will incur no liability or obligation to the Company or any other Person (as defined herein) if it does not sell Shares; and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; Shares and (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; , and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by Agreement unless the Company and the Agent and enter into a separate written agreement setting forth the Companyterms of such sale.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.. (viii)

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Agent shall be under no obligation to purchase Shares on a 231037746 v5 principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

No Guarantee of Placement, Etc. The Company Selling Stockholder acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; (B) the Agent will incur no liability or obligation to the Company Selling Stockholder or any other Person if it does not sell Shares; and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the CompanySelling Stockholder.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent Agents will be successful in placing Shares; (B) the Agent Agents will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Agent Agents shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent Agents and the Company.

No Guarantee of Placement, Etc. The Company Each Selling Stockholder acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; (B) the Agent will incur no liability or obligation to the Company Selling Stockholders or any other Person if it does not sell Shares; and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the CompanySelling Stockholders.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent Agents will be successful in placing Shares; (B) the Agent Agents will incur no liability or obligation to the Company or any other Person if it does they do not sell Shares; and (C) the Agent Agents shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent Agents and the Company.

No Guarantee of Placement, Etc. The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.and