Limitation on Placement 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 Mxxxxxx Lxxxx or the Alternative Placement Agents on any single given day, but in no event more than one, and the Company shall in no event request that Mxxxxxx Lxxxx and the Alternative Placement Agents sell Securities on the same day; provided, however, that the foregoing limitation shall not apply to (i) exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (ii) 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.
Appears in 1 contract
Samples: Equity Distribution Agreement (Glimcher Realty Trust)
Limitation on Placement 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 Mxxxxxx Lxxxx Wxxxx Fargo Securities or the Alternative Placement Agents Agent on any single given day, but in no event more than one, and the Company shall in no event request that Mxxxxxx Lxxxx Wxxxx Fargo Securities and the Alternative Placement Agents Agent sell Securities on the same day; provided, however, that (a) the foregoing limitation shall not apply to (i) exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (ii) 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 (b) 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 (Glimcher Realty Trust)
Limitation on Placement 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 Mxxxxxx Lxxxx KeyBanc Capital Markets or the Alternative Placement Agents Agent on any single given day, but in no event more than one, and the Company shall in no event request that Mxxxxxx Lxxxx KeyBanc Capital Markets and the Alternative Placement Agents Agent sell Securities on the same day; provided, however, that (a) the foregoing limitation shall not apply to (i) exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (ii) 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 (b) 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 (Glimcher Realty Trust)
Limitation on Placement 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 Mxxxxxx Lxxxx Xxxxxxx Xxxxx or the Alternative Placement Agents on any single given day, but in no event more than one, and the Company shall in no event request that Mxxxxxx Lxxxx Xxxxxxx Xxxxx and the Alternative Placement Agents sell Securities on the same day; provided, however, that the foregoing limitation shall not apply to (i) exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (ii) 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.
Appears in 1 contract
Samples: Equity Distribution Agreement (Glimcher Realty Trust)
Limitation on Placement 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 Mxxxxxx Lxxxx Jefferies or the Alternative Placement Agents on any single given day, but in no event more than one, and the Company shall in no event request that Mxxxxxx Lxxxx Jefferies and the Alternative Placement Agents sell Securities on the same day; provided, however, that the foregoing limitation shall not apply to (i) exercise of any option, warrant, right or any conversion privilege set forth in the instrument governing such security or (ii) 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.
Appears in 1 contract
Samples: Equity Distribution Agreement (Glimcher Realty Trust)