Description of Shares Clause Example from Business Contracts

Description of Shares. The Company proposes to issue and sell through or to the Managers, as sales agents and/or principals, shares of Class C Common Stock, par value $0.01 per share, of the Company ("Class C Common Stock"), having an aggregate gross sales price to the public of up to $150,000,000 (the "Shares"), from time to time during the term of this Agreement and on the terms set forth in Section 3 of this Agreement. For purposes of selling the Shares through the Managers, the Company hereby appoints the Managers... as exclusive agents of the Company with respect to the issuance and sale of the Shares from time to time from the Company pursuant to this Agreement, and the Managers agree to use their commercially reasonable efforts to sell the Shares in the manner and subject to the terms and conditions described in this Agreement. The Company agrees that whenever it determines to sell the Shares directly to any Manager as principal, or otherwise wishes to negotiate specific terms and provisions with a Manager related to sales of Shares hereunder, it will enter into a separate agreement (each, a "Terms Agreement") in substantially the form of Exhibit A hereto, relating to such sale in accordance with Section 3 of this Agreement. Certain terms used herein are defined in Section 21 hereof. View More