Common use of Sale of Placement Shares Clause in Contracts

Sale of Placement Shares. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon Univest’s acceptance of the terms of a Placement Notice or upon receipt by Univest of a Company Acceptance, as the case may be, and unless the sale of the Placement Shares described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, Univest, for the period specified in the Placement Notice (as amended by the corresponding Company Acceptance, as applicable), will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Shares up to the amount specified in, and otherwise in accordance with, the terms of such Placement Notice (as amended by the corresponding Company Acceptance, as applicable). The Company acknowledges and agrees that (i) there can be no assurance that Univest will be successful in selling Placement Shares, (ii) Univest will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Shares for any reason other than a failure by Univest to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell such Placement Shares as required under this Agreement and (iii) Univest shall be under no obligation to purchase Placement Shares on a principal basis pursuant to this Agreement, except as otherwise agreed by Univest and the Company in writing and expressly set forth in a Placement Notice.

Sale of Placement Shares. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon UnivestWestpark’s acceptance of the terms of a Placement Notice or upon receipt by Univest Westpark of a Company Acceptance, as the case may be, and unless the sale of the Placement Shares described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, UnivestWestpark, for the period specified in the Placement Notice (as amended by the corresponding Company Acceptance, as applicable), will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Shares up to the amount specified in, and otherwise in accordance with, the terms of such Placement Notice (as amended by the corresponding Company Acceptance, as applicable). The Company acknowledges and agrees that (i) there can be no assurance that Univest Westpark will be successful in selling Placement Shares, (ii) Univest Westpark will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Shares for any reason other than a failure by Univest Westpark to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell such Placement Shares as required under this Agreement and (iii) Univest Westpark shall be under no obligation to purchase Placement Shares on a principal basis pursuant to this Agreement, except as otherwise agreed by Univest Westpark and the Company in writing and expressly set forth in a Placement NoticeCompany.

Sale of Placement Shares. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon UnivestMLV’s acceptance of the terms of a Placement Notice or upon receipt by Univest of a Company Acceptance, as the case may beNotice, and unless the sale of the Placement Shares described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, UnivestMLV, for the period specified in the Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice, will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Shares up to the amount specified in, and otherwise in accordance with, with the terms of such Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice. The Company acknowledges and agrees that (i) there can be no assurance that Univest MLV will be successful in selling Placement Shares, (ii) Univest MLV will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Shares for any reason other than a failure by Univest MLV to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell such Placement Shares as required under this Agreement and (iii) Univest MLV shall be under no obligation to purchase Placement Shares on a principal basis pursuant to this Agreement, except as otherwise agreed by Univest MLV and the Company in writing and expressly set forth in a Placement NoticeCompany.

Sale of Placement Shares. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon Univest’s acceptance of unless MLV declines to accept the terms of a Placement Notice or upon receipt by Univest of a Company Acceptance, as the case may beNotice, and unless the sale of the Placement Shares described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, UnivestMLV, for the period specified in the Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice, will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Shares up to the amount specified in, and otherwise in accordance with, with the terms of of, such Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice. The Company acknowledges and agrees that (i) there can be no assurance that Univest MLV will be successful in selling Placement Shares, (ii) Univest MLV will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Shares for any reason other than a failure by Univest MLV to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell such Placement Shares as required under this Agreement and (iii) Univest MLV shall be under no obligation to purchase Placement Shares on a principal basis pursuant to this Agreement, except as otherwise agreed by Univest MLV and the Company in writing and expressly set forth in a Placement NoticeCompany.

Sale of Placement Shares. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon Univest’s the Agents acceptance of the terms of a Placement Notice or upon receipt by Univest of a Company Acceptance, as the case may beNotice, and unless the sale of the Placement Shares described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, Univestthe Agents, for the period specified in the Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice, will use its their commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Shares up to the amount specified inspecified, and otherwise in accordance with, with the terms of such Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice. The Company and the Manager acknowledges and agrees that (i) there can be no assurance that Univest the Agents will be successful in selling Placement Shares, (ii) Univest the Agents will determine between themselves the allocation of Placement Shares to be sold by or through each of them and the allocation of the commissions payable by the Company under Section 2 hereof, (iii) no Agent will incur no any liability or obligation to the Company or any other person or entity if it does not sell Placement Shares for any reason other than a failure by Univest such Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell such Placement Shares as required under this Agreement and (iii) Univest no Agent shall be under no any obligation to purchase Placement Shares on a principal basis pursuant to this Agreement, except as otherwise agreed by Univest and the Company in writing and expressly set forth in a Placement Notice.

Sale of Placement Shares. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon UnivestMLV’s acceptance of the terms of a Placement Notice or upon receipt by Univest of a Company Acceptance, as the case may beNotice, and unless the sale of the Placement Shares described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, UnivestMLV, for the period specified in the Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice, will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Shares up to the amount specified inspecified, and otherwise in accordance with, the terms of such Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice. The Company acknowledges and agrees that (i) there can be no assurance that Univest MLV will be successful in selling Placement Shares, (ii) Univest MLV will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Shares for any reason other than a failure by Univest MLV to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell such Placement Shares as required under this Agreement and (iii) Univest MLV shall be under no obligation to purchase Placement Shares on a principal basis pursuant to this Agreement, except as otherwise agreed by Univest MLV and the Company in writing and expressly set forth in a Placement NoticeCompany.

Sale of Placement Shares. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon Univestthe Company’s acceptance of the terms delivery of a Placement Notice or upon receipt by Univest of a Company Acceptance, as the case may beto MLV, and unless the sale of the Placement Shares described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, UnivestMLV, for the period specified in the Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice, will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Shares up to the amount specified in, and otherwise in accordance with, with the terms of of, such Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice. The Company acknowledges and agrees that (i) there can be no assurance that Univest MLV will be successful in selling Placement Shares, (ii) Univest MLV will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Shares for any reason other than a failure by Univest MLV to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell such Placement Shares as required under this Agreement and (iii) Univest MLV shall be under no obligation to purchase Placement Shares on a principal basis pursuant to this Agreement, except as otherwise agreed by Univest MLV and the Company in writing and expressly set forth in a Placement NoticeCompany.

Sale of Placement Shares. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon Univest’s Barclays’ acceptance of the terms of a Placement Notice or upon receipt by Univest of a Company Acceptance, as the case may beNotice, and unless the sale of the Placement Shares described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, UnivestBarclays, for the period specified in the Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice, will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Shares up to the amount specified inspecified, and otherwise in accordance with, with the terms of such Placement Notice (as amended by the corresponding Company Acceptance, as applicable)Notice. The Company acknowledges and agrees that (i) there can be no assurance that Univest Barclays will be successful in selling Placement Shares, (ii) Univest Barclays will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Shares for any reason other than a failure by Univest Barclays to use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable law and regulations to sell such Placement Shares as required under this Agreement and (iii) Univest Barclays shall be under no obligation to purchase Placement Shares on a principal basis pursuant to this Agreement, except as otherwise agreed by Univest Barclays and the Company in writing and expressly set forth in a Placement NoticeCompany.