Common use of Issuance and Sale Clause in Contracts

Issuance and Sale. (a) Upon the basis of the representations, warranties and agreements and subject to the terms and conditions set forth herein and provided the Company provides the Subject Agent with any due diligence materials and information reasonably requested by the Subject Agent necessary for the Subject Agent to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the Company, the Company and the Subject Agent shall enter into an agreement in accordance with Section 2 hereof regarding the number of Shares to be placed by the Subject Agent, as agent, and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as an “Agency Transaction”). The Company may also offer to sell the Shares directly to the Subject Agent, as principal, in which event such parties shall enter into a separate agreement (each, a “Terms

Issuance and Sale. (a) Upon the basis of the representations, warranties and agreements and subject to the terms and conditions set forth herein and provided the Company provides the Subject Agent [●] with any due diligence materials and information reasonably requested by the Subject Agent [●] necessary for the Subject Agent [●] to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the Company, the Company and the Subject Agent [●] shall enter into an agreement in accordance with Section 2 hereof regarding the number of Shares to be placed by the Subject Agent[●], as agent, and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as an “Agency Transaction”). The Company may also offer to sell the Shares directly to the Subject Agent[●], as principal, in which event such parties shall enter into a separate agreement (each, a “TermsTerms Agreement”) in substantially the form of Exhibit A hereto, relating to such sale in accordance with Section 2(g) of this Agreement (each such transaction being referred to as a “Principal

Issuance and Sale. (a) a. Upon the basis of the representations, warranties and agreements and subject to the terms and conditions set forth herein and provided the Company provides the Subject Agent with any due diligence materials and information reasonably requested by the Subject Agent and necessary for the Subject Agent to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the Company, the Company and the Subject Agent shall enter into an agreement in accordance with Section 2 hereof regarding the number of Shares to be placed by the Subject Agent, as agent, and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as an “Agency Transaction”). The Company may also offer to sell the Shares directly to the Subject Agent, as principal, in which event such parties shall enter into a separate agreement (each, a “TermsTerms Agreement”) in substantially the form of Exhibit A hereto, relating to such sale in accordance with Section 2 of this Agreement (each such transaction being referred to as a “Principal Transaction”). As used

Issuance and Sale. (a) Upon the basis of the representations, warranties and agreements and subject to the terms and conditions set forth herein and provided the Company provides the Subject applicable Agent with any due diligence materials and information reasonably requested by the Subject such Agent or its counsel necessary for the Subject such Agent to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the Company, the Company and the Subject such Agent shall enter into an agreement in accordance with Section 2 hereof regarding the number of Shares to be placed by the Subject such Agent, as agent, and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as an “Agency Transaction”). The Company may also offer to sell the Shares directly to the Subject an Agent, as principal, in which event such parties shall enter into a separate agreement (each, a “TermsTerms Agreement”) in substantially

Issuance and Sale. (a) Upon the basis of the representations, warranties and agreements and subject to the terms and conditions set forth herein and provided the Company provides the Subject Agent Agents with any due diligence materials and information reasonably requested by the Subject Agent Agents necessary for the Subject Agent Agents to satisfy its their due diligence obligations, on any Exchange Business Day (as defined below) selected by the Company, the Company and the Subject any one Agent shall enter into an agreement in accordance with Section 2 hereof regarding the number of Shares to be placed by the Subject such Agent, as an agent, and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as an “Agency Transaction”). The For the avoidance of doubt, any Agency Transaction must be between the Company and a single Agent, and the Company may also offer be party to sell only one Agency Transaction at any given time during the Shares directly to the Subject Agent, as principal, in which event such parties shall enter into a separate agreement (each, a “Termsterm of the

Issuance and Sale. (a) Upon the basis of the representations, warranties and agreements and subject to the terms and conditions set forth herein and provided the Company Partnership provides the Subject Agent with any due diligence materials and information reasonably requested by the Subject Agent necessary for the Subject Agent to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the CompanyPartnership, the Company Partnership and the Subject Agent shall enter into an agreement in accordance with Section 2 hereof regarding the number of Shares Units to be placed by the Subject Agent, as agent, and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as an “Agency Transaction”). The Company Partnership may also offer to sell the Shares Units directly to the Subject Agent, as principal, in which event such parties shall enter into a separate agreement (each, a “TermsTerms Agreement”) in substantially the form of Exhibit A hereto