Limitation on Agents. The Company agrees that any offer to sell, any solicitation of an offer to buy or any sales of Securities shall only be effected by or through only one of the Agent or an Alternative Agent on any single given day, but in no event more than one, and the Company shall in no event request that the Agent and one or more of the Alternative Agents sell Securities on the same day; provided, however, that (i) the foregoing limitation shall not apply to (A) exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (B) sales solely to employees or security holders of the Company or its Subsidiaries, or to a trustee or other person acquiring such securities for the accounts of such persons, and (ii) such limitation shall not apply on any day during which no sales are made pursuant to this Agreement.
Appears in 7 contracts
Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)
Limitation on Agents. The Company agrees that any offer to sell, any solicitation of an offer to buy or any sales of Securities shall only be effected by or through only one of the Agent or an Alternative Agent on any single given day, but in no event more than one, and the Company shall in no event request that the Agent and one or more of the Alternative Agents sell Securities on the same day; provided, however, that (ia) the foregoing limitation shall not apply to (Ai) exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (Bii) sales solely to employees or security holders of the Company or its Subsidiariessubsidiaries, or to a trustee or other person acquiring such securities for the accounts of such persons, and (iib) such limitation shall not apply on any day during which no sales are made pursuant to this Agreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)
Limitation on Agents. The Company agrees that any offer to sell, any solicitation of an offer to buy or any sales of Securities the Shares shall only be effected by or through only one of the Agent or an Alternative Agent Agents, on any single given day, but in no event more than one, and the Company shall in no event request that the Agent and one or more of Agents, sell the Alternative Agents sell Securities Shares on the same day; provided, however, that (ia) the foregoing limitation shall not apply to (Ai) the exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (Bii) sales solely to employees or security holders of the Company or its Subsidiariessubsidiaries, or to a trustee or other person acquiring such securities for the accounts of such persons, and (ii) such limitation shall not apply on any day during which no sales are made pursuant to this Agreement.
Appears in 1 contract
Samples: Terms Agreement (Monmouth Real Estate Investment Corp)
Limitation on Agents. The Company agrees that any offer to sell, any solicitation of an offer to buy or any sales of Securities shall only be effected by or through only one of the Agent or an Alternative Agent on any single given day, but in no event more than one, and the Company shall in no event request that the more than one Agent and one or more of the Alternative Agents sell Securities on the same day; provided, however, that (ia) the foregoing limitation shall not apply to (Ai) exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (Bii) sales solely to employees or security holders of the Company or its Subsidiariessubsidiaries, or to a trustee or other person acquiring such securities for the accounts of such persons, and (iib) such limitation shall not apply on any day during which no sales are made pursuant to this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Jernigan Capital, Inc.)