Description of Shares Clause Example from Business Contracts

Description of Shares. The Company proposes to issue and sell through or to the Manager, as sales agent and/or principal, shares of the Company's common stock, $0.0001 par value (the "Common Stock") having an aggregate offering price up to $100,000,000 ("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 Manager, the Company hereby appoints the Manager as exclusive agent of the Company for the purpose o...f making offers and sales of the Shares on the terms and subject to the conditions stated herein. The Company agrees that whenever it determines to sell the Shares directly to the Manager as principal, it will enter into a separate agreement (each, a "Terms Agreement") in substantially the form of Annex D hereto, relating to such sale in accordance with Section 3 of this Agreement. View More