Common use of Sale and Delivery of Securities Clause in Contracts

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 in amounts and at prices as directed by the Company and as agreed to by the Sales Manager.

Appears in 5 contracts

Samples: Assignment and Assumption Agreement (Duke Realty Corp), Sales Agreement (Capstead Mortgage Corp), Sales Agreement (Capstead Mortgage Corp)

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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, subject to Section 3.1(i), as exclusive 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 in amounts and at prices as directed by the Company and as agreed to by the Sales Manager.

Appears in 2 contracts

Samples: Sales Agreement (Kinder Morgan Energy Partners L P), Sales Agreement (Marine 300 Series 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 1,600,000 shares of the Common Stock during the term of this Agreement on the terms set forth herein. The Common Stock will be sold from time to time in amounts and at prices as directed by the Company and as agreed to by the Sales Manager.

Appears in 1 contract

Samples: Sales Agreement (Sun Communities Inc)

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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 Share Amount of the Common Stock during the term of this Agreement on the terms set forth herein. The Common Stock will be sold from time to time in amounts and at prices as directed by the Company and as agreed to by the Sales Manager.

Appears in 1 contract

Samples: Sales Agreement (Sun Communities Inc)

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