Common use of Single Agent Clause in Contracts

Single Agent. The Company agrees that any offer to sell, any solicitation of an offer to buy, or any sales of shares of Common Stock pursuant to this Agreement and any agreement with the Alternative Manager shall only be effected by or through only one of Agent or the Alternative Manager on any single given day, but in no event by more than one, and the Company shall in no event request that Agent and the Alternative Manager sell shares of Common Stock on any single given day; provided, however, that (i) the foregoing limitation shall not apply to (A) exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (B) sales solely to employees or security holders of the Company or its subsidiaries, or to a trustee or other person acquiring such securities for the accounts of such persons, and (ii) such limitation shall not apply on any day during which no sales are made pursuant to this Agreement.

Single Agent. The Company agrees that any offer to sell, any solicitation of an offer to buy, or any sales of shares of Common Stock pursuant to this Agreement and any agreement with the Alternative Manager Distribution Agreement shall only be effected by or through only one of Agent or the Alternative Manager on any single given day, but in no event by more than one, and the Company shall in no event request that Agent and the Alternative Manager sell shares of Common Stock on any single given day; provided, however, that (i) the foregoing limitation shall not apply to (A) exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (B) sales solely to employees or security holders of the Company or its subsidiaries, or to a trustee or other person acquiring such securities for the accounts of such persons, and (ii) such limitation shall not apply on any day during which no sales are made pursuant to this Agreement.

Single Agent. The Company agrees that any offer to sell, any solicitation of an offer to buy, or any sales of shares of Common Stock Shares pursuant to this Agreement and any agreement with the Alternative Manager Distribution Agreement shall only be effected by or through only one of Agent or the Alternative Manager (and in no event more than one) on any single given day, but in no event by more than one, and the Company shall in no event request that Agent and the Alternative Manager both sell shares of Common Stock Shares on any single given day; provided, however, that (i) the foregoing limitation shall not apply to (A) exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (B) sales solely to employees or security holders of the Company or its subsidiaries, or to a trustee or other person acquiring such securities for the accounts of such persons, and (ii) such limitation shall not apply on any day during which no sales are made pursuant to this Agreement.