Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales Agent, as sales agent, and the Sales Agent agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.
Appears in 22 contracts
Samples: Distribution Agency Agreement (Chimera Investment Corp), Distribution Agency Agreement (Chimera Investment Corp), Distribution Agency Agreement (Annaly Capital Management Inc)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.
Appears in 18 contracts
Samples: Equity Distribution Agreement (iBio, Inc.), Equity Distribution Agreement (Omega Healthcare Investors Inc), Equity Distribution Agreement (Omega Healthcare Investors Inc)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell Securities from time to time through the Sales Agent, as sales agent, and the Sales Agent agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares Securities on the following terms.
Appears in 12 contracts
Samples: Equity Distribution Agreement (PennantPark Floating Rate Capital Ltd.), Equity Distribution Agreement (WhiteHorse Finance, Inc.), Equity Distribution Agreement (WhiteHorse Finance, Inc.)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.
Appears in 10 contracts
Samples: Equity Distribution Agreement (Kinder Morgan Management LLC), Equity Distribution Agreement (Continental Airlines Inc /De/), Equity Distribution Agreement (Continental Airlines Inc /De/)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company Partnership agrees to issue and sell through the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the CompanyPartnership, the Shares Units on the following terms.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Kinder Morgan Energy Partners L P), Equity Distribution Agreement (Kinder Morgan Energy Partners L P), Equity Distribution Agreement (Eagle Rock Energy Partners L P)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales AgentManagers, as sales agentagents, and the Sales Agent each Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Duke Realty Limited Partnership/), Equity Distribution Agreement (Duke Realty Limited Partnership/), Equity Distribution Agreement (Duke Realty Limited Partnership/)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company Partnership agrees to issue and sell through the Sales AgentManagers, as sales agentagents, and the Sales Agent each Manager agrees to use its commercially reasonable efforts to sell, as sales agent agents for the CompanyPartnership, the Shares Units on the following terms.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Energy Transfer Equity, L.P.), Equity Distribution Agreement (Energy Transfer Partners, L.P.), Distribution Agreement (Energy Transfer Partners, L.P.)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales AgentAgents, as sales agentagents, and the Sales each Agent agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Global Net Lease, Inc.), Equity Distribution Agreement (Global Net Lease, Inc.), Lease (Global Net Lease, Inc.)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.:
Appears in 3 contracts
Samples: Equity Distribution Agreement (Five Oaks Investment Corp.), Equity Distribution Agreement (Five Oaks Investment Corp.), Equity Distribution Agreement (Empire District Electric Co)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company Partnership agrees to issue and sell through the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the CompanyPartnership, the Shares Units on the following terms.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Energy Transfer Partners, L.P.), Equity Distribution Agreement (Energy Transfer Partners, L.P.), Energy Transfer Partners, L.P.
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.:
Appears in 3 contracts
Samples: Equity Distribution Agreement (Impac Mortgage Holdings Inc), Equity Distribution Agreement (Impac Mortgage Holdings Inc), Equity Distribution Agreement (Impac Mortgage Holdings Inc)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell the Securities from time to time through the Sales AgentManager, acting as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares Securities on the following terms.
Appears in 2 contracts
Samples: Citigroup Inc, Citigroup Inc
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable best efforts to sell, as sales agent for the Company, the Shares on the following terms.:
Appears in 2 contracts
Samples: Equity Distribution Agreement (Lucent Technologies Inc), Equity Distribution Agreement (Lucent Technologies Inc)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell sell, and the Selling Stockholder agrees to sell, through the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the CompanyCompany and the Selling Stockholder, the Shares on the following terms.:
Appears in 1 contract
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell sell, through the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.:
Appears in 1 contract
Samples: Equity Distribution Agreement (American Financial Capital Trust Ii)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject Subject to the terms and conditions of this Agreement and on the basis of the representations and warranties herein set forth, the Company agrees to issue and sell through the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.
Appears in 1 contract
Samples: Stanley Works (Stanley Works)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company Partnership agrees to issue and sell through the Sales AgentManagers, as sales agentagents, and the Sales Agent each Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the CompanyPartnership, the Shares Units on the following terms.
Appears in 1 contract
Samples: Equity Distribution Agreement (Memorial Production Partners LP)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company Partnership agrees to issue and sell through the Sales AgentManagers, as sales agentagents, and the Sales Agent each Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the CompanyPartnership, the Shares Units on the following terms.
Appears in 1 contract
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company Partnership agrees to issue and sell through or to the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the CompanyPartnership, the Shares Units on the following terms.
Appears in 1 contract
Samples: Capital Product Partners L.P.
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell sell, and the Selling Stockholder agrees to sell, through the Sales AgentManager, as sales agent, and the Sales Agent Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the CompanyCompany and the Selling Stockholder, the Shares on the following terms.:
Appears in 1 contract
Samples: Terms Agreement (American Financial Capital Trust Iv)
Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales Agenta Manager, as sales agent, and the Sales Agent such Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.
Appears in 1 contract
