IMPLEMENTATION OF THE SALES PLAN Sample Clauses

IMPLEMENTATION OF THE SALES PLAN. 1. JPMS shall effect sales (each a “Sale”) of shares of Stock only on days on which the Nasdaq Global Select (the “Exchange”) is open and the Stock trades regular way on the Exchange, pursuant to the specific instructions specified on Schedule A.
AutoNDA by SimpleDocs
IMPLEMENTATION OF THE SALES PLAN. 1. JPMSI shall effect sales (each a “Sale”) of shares of Stock only on days on which the New York Stock Exchange (the “Exchange”) is open and the Stock trades regular way on the Exchange, pursuant to the specific instructions specified on Schedule A.
IMPLEMENTATION OF THE SALES PLAN. 2.1. Seller hereby appoints Broker as its agent to sell shares of Stock as described on Exhibit A of this Sales Plan (“Trading Formula”). Subject to such terms and conditions, Broker hereby accepts such appointment. Broker agrees to conduct all sales pursuant to this Sales Plan in accordance with the manner-of-sale requirement of Rule 144 under the Securities Act and in no event shall Broker effect any sale if such sale would exceed the then-applicable limitation on the amount of securities sold under Rule 144, assuming Broker's sales pursuant to this Sales Plan are the only sales subject to that limitation.
IMPLEMENTATION OF THE SALES PLAN. 2.1. Seller and each Selling Entity hereby appoints Broker as its agent to sell shares of Stock as described on Exhibit A of this Sales Plan (“Trading Formula”). Subject to such terms and conditions, Xxxxxx hereby accepts such appointment. Broker agrees to conduct all sales pursuant to this Sales Plan in accordance with Rule 144, including the manner-of-sale requirement of Rule 144 under the Securities Act and in no event shall Broker effect any sale if such sale, together with sales under all sales plans for any person or entity with which Seller or any Selling Entity would be required to aggregate sales of Stock of which Broker is aware, would exceed the then-applicable limitation on the amount of securities sold under Rule 144. If required by Rule 144, Xxxxxx agrees to use commercially reasonable efforts to assist Seller and each Selling Entity in filing Seller’s and such Selling Entity’s completed Form 144 – Notice of Proposed Sale of Securities to the SEC on Seller’s and such Selling Entity’s behalf as required by applicable law, subject to Broker’s timely receipt of Seller’s and such Selling Entity’s Rule 144 paperwork, including Xxxxxx’s standard form of Rule 144 power of attorney and Seller’s individual central index key (CIK) and CIK confirmation code (CCC) for electronic filings with the SEC. Seller and each Selling Entity understand that, if Broker does not timely receive Seller’s Rule 144 paperwork or the CIK and CCC codes provided to Broker are not accurate and up to date, Broker may not be able to file a timely Form 144 on Seller’s or such Selling Entity’s behalf.
IMPLEMENTATION OF THE SALES PLAN. 2.1. Seller hereby appoints Broker as its agent to sell shares of Stock as described on Exhibit A of this Sales Plan (“Trading Formula”). Subject to such terms and conditions, Broker hereby accepts such appointment and agrees to use its good faith and commercially reasonable efforts to sell shares of Stock in accordance with the Trading Formula and other terms and conditions of this Sales Plan. Broker agrees to conduct all sales pursuant to this Sales Plan in accordance with the manner-of-sale requirement of Rule 144 under the Securities Act and in no event shall Broker effect any sale if such sale would exceed the then-applicable limitation on the amount of securities sold under Rule 144, assuming Broker’s sales pursuant to this Sales Plan are the only sales subject to that limitation. It is the intent of the parties that this Sales Plan comply with the requirements of Rule 10b5-1(c)(1) of the Exchange Act, and the parties agree that this Sales Plan shall be interpreted to comply with the requirements of Rule 10b5-1(c).
IMPLEMENTATION OF THE SALES PLAN. 2.1. Seller hereby appoints Broker as its agent to sell shares of Stock as described on Exhibit A of this Plan ("Trading Formula"). Subject to such terms and conditions, Broker hereby accepts such appointment. The resale of the shares is currently registered pursuant to a registration statement which has been filed by the Issuer under the Securities Act of 1933, as amended. If sales are made pursuant to Rule 144 of the Securities Act because use of the resale prospectus relating to the Stock has been suspended, Broker agrees to conduct sales pursuant to this Sales Plan in accordance with the manner-of-sale requirement of Rule 144 under the Securities Act and in no event shall Broker effect any sale if such sale would exceed the then-applicable limitation on the amount of securities sold under Rule 144, assuming Broker's sales pursuant to this Sales Plan are the only sales subject to that limitation.
IMPLEMENTATION OF THE SALES PLAN. 1. JPMSI shall effect a sale (each a "Sale") of up to 150,000 (one hundred fifty thousand) shares of Stock on the Nasdaq Stock Market (the "Exchange") pursuant to the specific instructions specified on Schedule A.
AutoNDA by SimpleDocs
IMPLEMENTATION OF THE SALES PLAN. 1. Subject to Paragraph A.7., Broker shall effect sales (each a “sale”) as provided herein. Beginning on September 24, 2007 and thereafter during each calendar week commencing on each Monday (“Trade Week”), a limit order for 2,000 shares of Stock (or, if less than the Total Plan Shares remain, such remaining amount) will be placed. If, consistent with ordinary principles of best execution or for any other reason, Broker cannot sell any or all of the 2,000 shares of Stock during the Trade Week, then the amount of such shortfall shall be sold as soon as practicable on the immediately succeeding weeks.
IMPLEMENTATION OF THE SALES PLAN 

Related to IMPLEMENTATION OF THE SALES PLAN

  • Implementation of Changes If Tenant: (i) approves in writing the cost or savings and the estimated extension in the time for completion of Landlord’s Work, if any, and (ii) deposits with Landlord any Excess TI Costs required in connection with such Change, Landlord shall cause the approved Change to be instituted. Notwithstanding any approval or disapproval by Tenant of any estimate of the delay caused by such proposed Change, the TI Architect’s determination of the amount of Tenant Delay in connection with such Change shall be final and binding on Landlord and Tenant.

  • Implementation of CAM (a) On the CAM Exchange Date, (i) the Commitments shall automatically and without further act be terminated as provided in Section 11, (ii) the Lenders shall automatically and without further act (and without regard to the provisions of Section 14.6) be deemed to have exchanged interests in the Credit Facilities such that in lieu of the interest of each Lender in each Credit Facility in which it shall participate as of such date (including such Lender’s interest in the Specified Obligations of each Credit Party in respect of each such Credit Facility), such Lender shall hold an interest in every one of the Credit Facilities (including the Specified Obligations of each Credit Party in respect of each such Credit Facility and each L/C Reserve Account established pursuant to Section 13.2 below), whether or not such Lender shall previously have participated therein, equal to such Lender’s CAM Percentage thereof and (iii) simultaneously with the deemed exchange of interests pursuant to clause (ii) above, in the case of (A) any Canadian Lender that has prior to the date thereof notified the Canadian Administrative Agent and the Borrower in writing that it has elected to have this clause (iii) apply to it, and (B) any other Lender that has notified the Administrative Agent in writing that it desires to have its deemed participation following the CAM Exchange Date converted to Dollars, the interests in the Canadian Obligations to be received by such Lender in such deemed exchange shall, automatically and with no further action required, be converted into the Dollar Equivalent, determined using the Exchange Rate calculated as of such date, of such amount and on and after such date all amounts accruing and owed to such Lender in respect of such Obligations shall accrue and be payable in Dollars at the rate otherwise applicable hereunder, provided that such CAM Exchange will not affect the aggregate amount of the Obligations of the Borrower and the Canadian Borrower to the Lenders under the Credit Documents. Each Lender and each Credit Party hereby consents and agrees to the CAM Exchange, and each Lender agrees that the CAM Exchange shall be binding upon its successors and assigns and any person that acquires a participation in its interests in any Credit Facility. Each Credit Party agrees from time to time to execute and deliver to the Administrative Agent all promissory notes and other instruments and documents as the Administrative Agent shall reasonably request to evidence and confirm the respective interests of the Lenders after giving effect to the CAM Exchange, and each Lender agrees to surrender any promissory notes originally received by it in connection with its Loans hereunder to the Administrative Agent against delivery of new promissory notes evidencing its interests in the Credit Facilities; provided, however, that the failure of any Credit Party to execute or deliver or of any Lender to accept any such promissory note, instrument or document shall not affect the validity or effectiveness of the CAM Exchange.

  • Transitional Nature of Services; Changes The Parties acknowledge the transitional nature of the Services and agree that notwithstanding anything to the contrary herein, each Service Provider may make changes from time-to-time in the manner of performing the Services if such Service Provider is making similar changes in performing similar services for itself and/or its Affiliates; provided that Service Provider must provide Service Recipient with at least thirty (30) days prior written notice of such changes.

  • Implementation Manager agrees to use diligence and to employ all reasonable efforts to ensure that the actual costs of maintaining and operating the Property shall not exceed the Operating Budget either in total or in any one accounting category. Any expense causing or likely to cause a variance of greater than ten percent (10%) or $25,000, whichever is greater, in any one accounting category for the current month cumulative year-to-date total shall be promptly explained to Owner by Manager in the next operating statement submitted by Manager to Owner.

  • Implementation of Corrective Action Plan After the Corrective Action Plan is finalized, the Purchasers shall use reasonable best efforts to implement the finalized Corrective Action Plan on the timeline set forth therein and provide periodic reports (as provided for therein) to the Sellers on the status of their implementation of the Corrective Action Plan.

  • Transitional Nature of Services The Parties acknowledge the transitional nature of the Services and agree to cooperate in good faith and to use commercially reasonable efforts to effectuate a smooth transition of the Services from the Provider to the Recipient (or its designee).

  • Investment Analysis and Implementation In carrying out its obligations under Section 1 hereof, the Advisor shall:

  • Modification of Services The Company may modify its selection of services at any time during the calendar year by giving DRS written notice of the additional services it wishes to receive, and/or the services it no longer wishes to receive, from DRS. The requested modification in services shall take effect on the first day of the first calendar month beginning at least thirty (30) days after the Company sent written notice to DRS.

  • Services to Other Clients; Certain Affiliated Activities (a) The relationship between the Asset Manager and the Series is as described in this Agreement and nothing in this Agreement, none of the services to be provided pursuant to this Agreement, nor any other matter, shall oblige the Asset Manager to accept responsibilities that are more extensive than those set forth in this Agreement.

Time is Money Join Law Insider Premium to draft better contracts faster.