Common use of Issuance and Sale of Placement Shares Clause in Contracts

Issuance and Sale of Placement Shares. The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it will issue and sell through CF&Co, acting as agent and/or principal, 4,800,000 shares (the “Placement Shares”) of the Company’s common stock, par value $0.01 per share (“Common Stock”); provided, however, that with respect to “At-The-Market” sales (as defined in Section 3 hereof), the aggregate sales price shall not exceed $32 million, which represents less than ten percent (10%) of the aggregate market value of the outstanding Common Stock held by non-affiliates of the Company in accordance with Rule 415 of the Act (as defined in Section 3 hereof). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 1 on the number of Placement Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and CF&Co shall have no obligation in connection with such compliance. The issuance and sale of Placement Shares through CF&Co will be effected pursuant to a registration statement on Form S-3 filed by the Company and declared effective by the Securities and Exchange Commission (the “SEC”).

Issuance and Sale of Placement Shares. The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it will issue and sell through CF&Co, acting as agent and/or principal, 4,800,000 up to 6,000,000 shares (the “Placement Shares”) of the Company’s common stock, par value $0.01 per share (“Common Stock”); provided, however, that with respect to “At-The-Market” sales (as defined in Section 3 hereof), the aggregate sales price shall not exceed $32 50 million, which represents less than ten percent (10%) of the aggregate market value of the outstanding Common Stock held by non-affiliates of the Company in accordance with Rule 415 of the Act (as defined in Section 3 hereof). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 1 on the number of Placement Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and CF&Co shall have no obligation in connection with such compliance. The issuance and sale of Placement Shares through CF&Co will be effected pursuant to a registration statement on Form S-3 filed by the Company and declared effective by the Securities and Exchange Commission (the “SEC”).

Issuance and Sale of Placement Shares. The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it will issue and sell through CF&Co, acting as agent and/or principal, 4,800,000 (a) up to 5,700,000 shares (the “Common Placement Shares”) of the Company’s common stock, par value $0.01 per share (“Common Stock”) and (b) up to 2,000,000 shares (the “Preferred Placement Shares”; and together with the Common Placement Shares, the “Placement Shares”) of the Company’s 8.625% Series A Cumulative Preferred Stock (Liquidation Preference $25.00 per Share) (“Preferred Stock”; and together with the Common Stock, the “Stock”); provided, however, that with respect to “At-The-Market” sales (as defined in Section 3 hereof)) of Common Placement Shares, the aggregate sales price shall not exceed $32 50 million, which represents less than ten percent (10%) of the aggregate market value of the outstanding Common Stock held by non-affiliates of the Company in accordance with Rule 415 of the Act (as defined in Section 3 hereof). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 1 on the number of Placement Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and CF&Co shall have no obligation in connection with such compliance. The issuance and sale of Placement Shares through CF&Co will be effected pursuant to a registration statement on Form S-3 filed by the Company and declared effective by the Securities and Exchange Commission (the “SEC”).

Issuance and Sale of Placement Shares. The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it will issue and sell through CF&Co, acting as agent and/or principal, 4,800,000 up to 4,000,000 shares (the “"Placement Shares”") of the Company’s 's common stock, par value $0.01 per share (“"Common Stock”"); provided, however, that with respect to “At-The-"At The Market” " sales (as defined in Section 3 hereof), the aggregate sales price shall not exceed $32 75.9 million, which represents less than ten percent (10%) percent of the aggregate market value of the outstanding Common Stock held by non-affiliates of the Company in accordance with Rule 415 of the Act (as defined in Section 3 hereof). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 1 on the number and aggregate sale price of Placement Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and CF&Co shall have no obligation in connection with such compliance. The issuance and sale of Placement Shares through CF&Co will be effected pursuant to a registration statement on Form S-3 filed by the Company and declared effective by the Securities and Exchange Commission (the “SEC”"Commission").