Common use of Sale and Delivery of Securities Clause in Contracts

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 Manager, as agent, and the Sales Manager agrees to sell, as agent for the Company, on a best efforts basis, up to the Maximum Amount of the Stock during the term of this Agreement on the terms set forth herein. The Stock will be sold from time to time as described in the Registration Statement and Prospectus, in amounts, and subject to price limitations, as directed by the Company and as agreed to by the Sales Manager.

Appears in 8 contracts

Samples: Sales Agreement (Nexmed Inc), Sales Agreement (Highland Hospitality Corp), Sales Agreement (Avanir Pharmaceuticals)

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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 Manager, as agent, and the Sales Manager agrees to sell, as agent for the Company, on a best efforts basis, up to the Maximum Amount of the Stock during the term of this Agreement on the terms set forth herein. The Stock will be sold from time to time as described in the Registration Statement and or Prospectus, in amounts, and subject to price limitations, as directed by the Company and as agreed to by the Sales Manager.

Appears in 2 contracts

Samples: Sales Agreement (Innkeepers Usa Trust/Fl), Sales Agreement (Windrose Medical Properties Trust)

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 Manager, as agent, and the Sales Manager agrees to sell, as agent for the Company, on a best reasonable efforts basis, up to the Maximum Amount maximum amount of the Stock Shares during the term of this Agreement on the terms set forth herein. The Stock Shares will be sold from time to time as described in the Registration Statement and Prospectus, in amounts, and subject to price limitations, as directed by the Company and as agreed to by the Sales ManagerCompany.

Appears in 2 contracts

Samples: Common Stock Sales Agreement (Impac Mortgage Holdings Inc), Preferred Stock Sales Agreement (Impac Mortgage Holdings 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 Manager, as agent, and the Sales Manager agrees to sell, as agent for the Company, on a best efforts basis, up to the Maximum Amount of the Stock Shares during the term of this Agreement on the terms set forth herein. The Stock Shares will be sold from time to time as described in the Registration Statement and Prospectus, in amounts, and subject to price limitations, as directed by the Company and as agreed to by the Sales Manager.

Appears in 2 contracts

Samples: Sales Agreement (Brandywine Operating Partnership Lp /Pa), Sales Agreement (Brandywine Realty Trust)

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 Manager, as agent, and the Sales Manager agrees to sell, as agent for the Company, on a best efforts basis, up to the Maximum Amount of the Stock during the term of this Agreement on the terms set forth herein. The Stock will be sold from time to time as described in the Registration Statement amounts and Prospectus, in amounts, and subject to price limitations, at prices as directed by the Company and as agreed to by the Sales Manager.

Appears in 1 contract

Samples: Sales Agreement (Chelsea Property Group Inc)

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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 Manager, as agent, and the Sales Manager agrees to sell, as agent for the Company, on a best efforts basis, up to the Maximum Amount of the Stock during the term of this Agreement on the terms set forth herein. The Stock will be sold from time to time as described in the Registration Statement amounts and Prospectus, in amounts, and subject to price limitations, at prices as directed by the Company and as agreed to by the Sales Manager.

Appears in 1 contract

Samples: Sales Agreement (CapLease, Inc.)

Sale and Delivery of Securities. 2.1 (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 Manager, as agent, and the Sales Manager agrees to sell, as agent for the Company, on a best efforts basis, up to the Maximum Amount of the Stock during the term of this Agreement on the terms set forth herein. The Stock will be sold from time to time as described in the Registration Statement and Prospectus, in amountsamounts and, and subject to price limitations, at prices as directed by the Company and as agreed to by the Sales Manager.

Appears in 1 contract

Samples: Sales Agreement (Capstead Mortgage Corp)

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