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 the Company's common stock, $0.0001 par value ("Common Stock"), having an aggregate offering price of up to $100,000,000 (the "Shares"), from time to time during the term of this Agreement and on the terms set forth in Section 3 of this Agreement. The Company hereby appoints the Managers as exclusive agents of the Company for the purpose of making offers and sales of the Shares. The Co...mpany agrees that whenever it determines to sell the Shares directly to a Manager as principal, it will enter into a separate agreement (each, a "Terms Agreement") in substantially the form of Annex A hereto, relating to such sale in accordance with Section 3 of this Agreement. View More