Common use of Sale and Delivery of Shares Clause in Contracts

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the Manager, acting as sales agent, and the Manager agrees to use its reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 52 contracts

Samples: Sales Agreement (Apellis Pharmaceuticals, Inc.), Terms Agreement (Apellis Pharmaceuticals, Inc.), Terms Agreement (Owens & Minor Inc/Va/)

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Sale and Delivery of Shares. (a) Subject On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the Manager, acting as sales agent, and the Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 49 contracts

Samples: Equity Distribution Agreement (Blackstone Secured Lending Fund), Capital Corporation (Ares Capital Corp), Equity Distribution Agreement (Ares Capital Corp)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the Manager, acting as sales agent, and the Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.:

Appears in 13 contracts

Samples: Equity Distribution Agreement (LTC Properties Inc), Equity Distribution Agreement (LTC Properties Inc), LTC Properties Inc

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerAgents, acting as sales agentagents, and the Manager agrees Agents agree to use its their commercially reasonable efforts to sell, as sales agent agents for the Company, the Shares on the following terms.

Appears in 12 contracts

Samples: Equity Distribution Agreement (Orchid Island Capital, Inc.), Equity Distribution Agreement (Orchid Island Capital, Inc.), Equity Distribution Agreement (Orchid Island Capital, Inc.)

Sale and Delivery of Shares. (a) Subject On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time through or to time through the Manager, acting as sales agentagent and/or principal, as and when it provides instructions, in its discretion, for the sale of the Shares, and the 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: City Office (City Office REIT, Inc.), City Office (City Office REIT, Inc.), City Office (City Office REIT, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forthforth herein, the Company agrees to issue and sell Shares from time to time through the Manager, acting as sales agent, and the Manager agrees to use its reasonable efforts to sell, sell as sales agent for the Company, the Shares on the following termsShares.

Appears in 8 contracts

Samples: Stock (Zions Bancorporation /Ut/), Stock (Zions Bancorporation /Ut/), Stock (Zions Bancorporation /Ut/)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerAgent, acting as sales agent, and the Manager Agent agrees to use its reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Colony Capital, Inc.), Equity Distribution Agreement (Colony Capital, Inc.), Equity Distribution Agreement (Colony Capital, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerAgent, acting as sales agent, and the Manager Agent agrees to use its reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Colony Financial, Inc.), Equity Distribution Agreement (Colony Financial, Inc.), Equity Distribution Agreement (Colony Financial, Inc.)

Sale and Delivery of Shares. (a) Subject On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time through or to time through the Manager, acting as sales agentagent and/or principal, as and when it provides instructions, in its discretion, for the sale of Shares, and the Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 6 contracts

Samples: Equity Distribution Agreement (QualityTech, LP), Distribution Agreement (Education Realty Operating Partnership L P), Equity Distribution Agreement (Education Realty Trust, Inc.)

Sale and Delivery of Shares. (a) Subject On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the Manager, acting as sales agent, as and when it provides instructions, in its discretion, for the sale of Shares, and the 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 (Education Realty Trust, Inc.), Equity Distribution Agreement (Education Realty Trust, Inc.), Equity Distribution Agreement (Education Realty Trust, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to may issue and sell Shares from time to time through the Managera Designated Manager (as defined below), acting as sales agent, and the such Designated Manager agrees to use its commercially reasonable efforts to sell, execute any Company order (a “Company Order”) submitted to it hereunder to sell Shares and with respect to which such Manager has agreed to act as sales agent Designated Manager for the Company. For the purposes of this Agreement, the Shares on the following terms.

Appears in 5 contracts

Samples: Distribution Agreement (Douglas Emmett Inc), Douglas Emmett Inc, Douglas Emmett Inc

Sale and Delivery of Shares. (a) Subject On the basis of the representations, warranties and agreements herein contained, and subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time through or to time through the Manager, acting as sales agentagent and/or principal, as and when it provides instructions, in its discretion, for the sale of the Shares, and the Manager agrees to use its commercially reasonable efforts efforts, consistent with its normal trading and sales practices and applicable law and regulations, to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Enveric Biosciences, Inc.), Edesa Biotech, Inc., Equity Distribution Agreement (Edesa Biotech, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the a Designated Manager, acting as sales agent, and the each Manager agrees agrees, at any time it is a Designated Manager, to use its reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 4 contracts

Samples: Terms Agreement (Prologis, L.P.), Terms Agreement (Prologis, Inc.), Terms Agreement (Prologis, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company will issue and agrees to issue and sell Shares from time to time through the Manager, acting as sales agent, and the Manager agrees to use its reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.:

Appears in 4 contracts

Samples: Continuous Offering Program Agreement (Origin Agritech LTD), Continuous Offering Program Agreement (Oculus Innovative Sciences, Inc.), Common Stock Purchase Agreement (China Direct Industries, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerAgent, acting as sales agent, and the Manager 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 (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerManagers, acting as sales agentagents, and the Manager agrees Managers agree to use its their reasonable efforts to sell, as sales agent agents for the Company, the Shares on the following terms.

Appears in 3 contracts

Samples: Terms Agreement (PhaseBio Pharmaceuticals Inc), Terms Agreement (Mercury Systems Inc), Terms Agreement (Eloxx Pharmaceuticals, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the Manager, acting as sales agent, and the 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 (Triumph Group Inc), Danimer Scientific, Inc., Terms Agreement (Centerpoint Energy Inc)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerManager (each a “Placement”), acting as sales agent, and the Manager agrees to use its reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 3 contracts

Samples: Terms Agreement (Tocagen Inc), Terms Agreement, Terms Agreement (Arena Pharmaceuticals Inc)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerManagers, acting as sales agentagents, and the each Manager agrees to use its reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 3 contracts

Samples: Terms Agreement (Riley Exploration Permian, Inc.), Equity Distribution Agreement (Apellis Pharmaceuticals, Inc.), Terms Agreement (Sanchez Energy Corp)

Sale and Delivery of Shares. (a) Subject On the basis of the representations, warranties and agreements herein contained, and subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time through or to time through the ManagerManagers, acting as sales agentagents and/or principals, as and when it provides instructions, in its discretion, for the sale of the Shares, and the each Manager agrees to use its commercially reasonable efforts efforts, consistent with its normal trading and sales practices and applicable law and regulations, to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Equinix Inc), Equinix Inc

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the The Company agrees to issue and sell Shares from time to time through the ManagerSales Agents, acting as sales agentagents, and, on the basis of the representations, warranties and agreements set forth herein and subject to the Manager agrees conditions set forth herein, each Sales Agent agrees, severally and not jointly, to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 2 contracts

Samples: Terms Agreement (Forestar Group Inc.), Terms Agreement (Forestar Group Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to continue to issue and sell Shares from time to time through the Manager, acting as sales agent, and the Manager agrees to use its reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 2 contracts

Samples: Terms Agreement (Clean Energy Fuels Corp.), Distribution Agreement (Clean Energy Fuels Corp.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerManagers, acting as sales agentagents, and the 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 2 contracts

Samples: Terms Agreement (United Airlines, Inc.), United Airlines, Inc.

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the Managerseveral Managers, acting as sales agentagents, and the each Manager severally agrees to use its reasonable efforts to sell, as a sales agent for the Company, the Shares on the following terms. All obligations of each Manager pursuant to this Agreement shall be several and not joint.

Appears in 2 contracts

Samples: Terms Agreement (Seaspan CORP), Terms Agreement (Seaspan CORP)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the Manager, acting as sales agent, and the Manager agrees to use its their reasonable efforts to sell, as sales agent agents for the Company, the Shares on the following terms.

Appears in 1 contract

Samples: PhaseBio Pharmaceuticals Inc

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Sale and Delivery of Shares. (a) Subject On the basis of the representations, warranties and agreements herein contained, and subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time through or to time through the ManagerManagers, acting as sales agentagents or principals, as and when it provides instructions, in its discretion, for the sale of the Shares, and the each Manager agrees to use its commercially reasonable efforts efforts, consistent with its normal trading and sales practices and applicable law and regulations, to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 1 contract

Samples: Equity Distribution Agreement (Chesapeake Utilities Corp)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company will issue and agrees to issue and sell Shares from time to time through the Manager, acting as sales agent, and the 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: Continuous Offering Program Agreement (Opexa Therapeutics, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forthforth herein, the Company agrees to issue and sell Shares from time to time through the ManagerAgent, acting as sales agent, and the Manager Agent agrees to use its commercially reasonable efforts to sell, sell as sales agent for the Company, the Shares on the following termsShares.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Wilmington Trust Corp)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through or to the ManagerManagers, acting as sales agentagents, and the each Manager agrees to use its commercially reasonable efforts to sell, as sales agent for the Company, the Shares on the following termsterms set forth below. Notwithstanding anything to the contrary in this Agreement, any Manager may decline, for any reason in its sole discretion, to act as sales agent for the Company hereunder with respect to one or more sets of Company instructions for the sale of the Shares.

Appears in 1 contract

Samples: Equity Distribution Agreement (Soundhound Ai, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerManagers, acting as sales agentagents, and the Manager agrees Managers agree to use its their reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 1 contract

Samples: Distribution Agreement (Millendo Therapeutics, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company has issued and agrees to issue and sell Shares from time to time through the Manager, acting as sales agent, and the Manager agrees to use its reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 1 contract

Samples: Terms Agreement (Delta Air Lines Inc /De/)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the Managerseveral Managers, acting as sales agentagents, and the each Manager severally agrees to use its reasonable efforts to sell, as a sales agent for the Company, the Shares on the following terms.

Appears in 1 contract

Samples: Terms Agreement (Seaspan CORP)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerAgents, acting as sales agentagents, and the Manager 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 1 contract

Samples: Equity Distribution Agreement (Dynex Capital Inc)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forthforth herein, the Company agrees to issue and sell Shares from time to time through the ManagerAgent, acting as sales agent, and the Manager Agent agrees to use its reasonable efforts to sell, sell as sales agent for the Company, the Shares on the following termsShares.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Zions Bancorporation /Ut/)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerManagers, each acting as sales agent, and the Manager agrees Managers agree to use its their reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 1 contract

Samples: Terms Agreement (Zillow Group, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the ManagerAgents, acting as sales agentagents, and the Manager each Agent agrees to use its reasonable efforts to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 1 contract

Samples: Terms Agreement (HCI Group, Inc.)

Sale and Delivery of Shares. (a) Sale of Ordinary Shares by Agents, as Sales Agents. Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Ordinary Shares from time to time through the ManagerAgents, acting as sales agentagents, and the Manager agrees Agents agree to use its their reasonable efforts to sell, as sales agent agents for the Company, the such Ordinary Shares on the following terms.

Appears in 1 contract

Samples: Terms Agreement (Ferroglobe PLC)

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the Manageran Agent, acting as a sales agent, and the Manager applicable Agent agrees to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulation to sell, as sales agent for the Company, the Shares on the following terms.

Appears in 1 contract

Samples: TPG RE Finance Trust, Inc.

Sale and Delivery of Shares. (a) Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the Manager, acting as sales agent, and the Manager agrees to use its reasonable efforts to sell, as sales agent for the Company, up to the Maximum Amount of Shares on the following terms.

Appears in 1 contract

Samples: Distribution Agreement (Central Vermont Public Service Corp)

Sale and Delivery of Shares. (a) Subject On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company agrees to issue and sell Shares from time to time through the Managerone or more Managers, acting as sales agent, and the 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 1 contract

Samples: Equity Distribution Agreement (New Mountain Finance Corp)

Sale and Delivery of Shares. (a) 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 Shares from time to time through the ManagerManagers, acting as sales agentagents, and each of the Manager Managers agrees to use its commercially reasonable efforts to sell, as a sales agent for the Company, the Shares on the following terms.

Appears in 1 contract

Samples: Terms Agreement (Cogdell Spencer Inc.)

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