Sale of Placement Units by Agent Contract Clauses (11)
Grouped Into 1 Collection of Similar Clauses From Business Contracts
This page contains Sale of Placement Units by Agent clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Sale of Placement Units by Agent. a. Subject to the terms and conditions of this Agreement, for the period specified in a Placement Notice, the applicable Agent will use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable state and federal laws, rules and regulations and the rules of the NASDAQ Global Market (the "Exchange"), to sell the Placement Units up to the amount specified in, and otherwise in accordance with the terms of, such Placement Notice. The applicable Agent wi...ll provide written confirmation to the Partnership no later than the opening of the Trading Day (as defined below) immediately following the Trading Day on which it has made sales of Placement Units hereunder setting forth the number of Placement Units sold on such day, the compensation payable by the Partnership to such Agent pursuant to Section 2 with respect to such sales, and the Net Proceeds (as defined below) payable to the Partnership, with an itemization of the deductions made by such Agent (as set forth in Section 5(b)) from the gross proceeds that it receives from such sales. Subject to the terms of a Placement Notice, an Agent may sell Placement Units by any method permitted by law deemed to be an "at-the-market" offering as defined in Rule 415 of the Securities Act, including ordinary brokers' transactions through the facilities of the Exchange at market prices, to or through a market maker, or directly on or through an electronic communication network, a "dark pool" or any similar market venue, at market prices, in block transactions or as otherwise agreed between the Partnership and the Agent. Subject to the terms of a Placement Notice, an Agent may also sell Placement Units by any other method permitted by law, including but not limited to negotiated transactions. "Trading Day" means any day on which Common Units are purchased and sold on the Exchange. b. During the term of this Agreement, none of the Agent nor any of its respective Affiliates or subsidiaries shall engage in (i) any short sale of any security of the Partnership or (ii) any sale of any security of the Partnership that such Agent does not own or any sale that is consummated by the delivery of a security of the Partnership borrowed by, or for the account of, such Agent. None of the Agent nor any of its respective Affiliates or subsidiaries shall engage in any proprietary trading or trading for such Agent's (or its Affiliates' or subsidiaries') own account.View More
Sale of Placement Units by Agent. a. Subject to the terms and conditions provisions of this Agreement, Section 5(a), the Agent, for the period specified in a the Placement Notice, the applicable Agent will use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable state and federal laws, rules and regulations and the rules of the NASDAQ Global Stock Market LLC (the "Exchange"), to sell the Placement Units up to the amount specified in, specified, and otherwise in accordance with... the terms of, of such Placement Notice. The applicable Agent will provide written confirmation to the Partnership no later than the opening of the Trading Day (as defined below) immediately following the Trading Day on which it has made sales of Placement Units hereunder setting forth the number of Placement Units sold on such day, the compensation payable by the Partnership to such the Agent pursuant to Section 2 with respect to such sales, and the Net Proceeds (as defined below) payable to the Partnership, with an itemization of the deductions made by such the Agent (as set forth in Section 5(b)) from the gross proceeds that it receives from such sales. Subject to the terms of a the Placement Notice, an the Agent may sell Placement Units by any method permitted by law deemed to be an "at-the-market" offering "at the market offering" as defined in Rule 415 415(a)(4) of the Securities Act, including ordinary brokers' transactions through the facilities of the Exchange at market prices, to or through a market maker, or directly on or through an electronic communication network, a "dark pool" or any similar market venue, at market prices, in block transactions or as otherwise agreed between the Partnership and the Agent. Act Regulations. Subject to the terms of a Placement Notice, an the Agent may also sell Placement Units by any other method permitted by law, law and the rules and regulations of the Exchange, including but not limited to negotiated transactions. "Trading Day" means any day on which Common Units are purchased and sold on transactions, with the Exchange. b. Partnership's prior written consent. During the term of this Agreement, none of neither the Agent nor any of its respective Affiliates affiliates or subsidiaries shall engage in (i) any short sale of any security of the Partnership or (ii) any sale of any security of the Partnership that such the Agent does not own or any sale that which is consummated by the delivery of a security of the Partnership borrowed by, or for the account of, such the Agent. None of Neither the Agent nor any of its respective Affiliates affiliates or subsidiaries shall engage in any proprietary trading or trading for such the Agent's (or its Affiliates' affiliates' or subsidiaries') own account. Notwithstanding anything to the contrary, nothing in this Agreement shall limit the Agent's ability or capacity to trade any security of Partnership, including short sales, in any transaction relating to bona fide errors or special settlements. View More
Sale of Placement Units by Agent. a. Subject to the terms and conditions of this Agreement, for the period specified in a Placement Notice, the applicable Agent will use its commercially reasonable efforts consistent with its normal trading and sales practices and applicable state and federal laws, rules and regulations and the rules of the NASDAQ Global Market New York Stock Exchange (the "Exchange"), to sell the Placement Units up to the amount specified in, and otherwise in accordance with the terms of, such Placement Notice.... The applicable Agent will provide written confirmation to the Partnership no later than the opening of the Trading Day (as defined below) immediately following the Trading Day on which it has made sales of Placement Units hereunder setting forth the number of Placement Units sold on such day, the compensation payable by the Partnership to such Agent pursuant to Section 2 with respect to such sales, and the Net Proceeds (as defined below) payable to the Partnership, with an itemization of the deductions made by such Agent (as set forth in Section 5(b)) from the gross proceeds that it receives from such sales. Subject to the terms of a Placement Notice, an Agent may sell Placement Units by any method permitted by law deemed to be an "at-the-market" offering as defined in Rule 415 of the Securities Act, including ordinary brokers' transactions through without limitation sales made directly on the facilities of Exchange, on any other existing trading market for the Exchange at market prices, Common Units or to or through a market maker, or directly on or through an electronic communication network, a "dark pool" or any similar market venue, at market prices, in block transactions or as otherwise agreed between the Partnership and the Agent. maker. Subject to the terms of a Placement Notice, an Agent may also sell Placement Units by any other method permitted by law, including but not limited to negotiated transactions. transactions, with the Partnership's consent. "Trading Day" means any day on which Common Units are is purchased and sold on the Exchange. b. During the term of this Agreement, none of the Agent nor any of its respective Affiliates or subsidiaries shall engage in (i) any short sale of any security of the Partnership or (ii) any sale of any security of the Partnership that such Agent does not own or any sale that is consummated by the delivery of a security of the Partnership borrowed by, or for the account of, such Agent. None of the Agent nor any of its respective Affiliates or subsidiaries shall engage in any proprietary trading or trading for such Agent's (or its Affiliates' or subsidiaries') own account.View More
