Manner of Sales. Any sale of Trust property permitted under Section 8.3(c) hereof shall be made through such executing brokers or to such dealers as the Trustees, seeking best price and execution for the Trust, shall designate in writing to the Paying Agent, taking into account such factors as price, commission, size of order, difficulty of execution and brokerage skill required.
Manner of Sales. 11 SECTION 2.6 Limitations on Trustees' Powers................................ 11
Manner of Sales. (1) The sale of the Shares through you as agent or by you as principal may be effected from time to time by means of (A) ordinary brokers' transactions and transactions in which the broker-dealer solicits purchasers, (B) block transactions (which may involve crosses) in accordance with the rules of any exchange on which the Class A Shares may be admitted to trading (an "Exchange" or the "Exchanges"), in which you may attempt to sell Shares as agent but may purchase and resell all or a portion of the block as principal, (C) "fixed price offerings" off the floor of the Exchanges, or "exchange distributions" and "special offerings" of Shares under the rules of the Exchanges, (D) short sales, (E) a combination of any such methods of sale, in each case on the Exchanges, in the over-the-counter market, through negotiated transactions or otherwise, or (F) any other method permitted pursuant to applicable law. Such transactions may be effected by you at market prices prevailing at the time of sale, at prices related to such prevailing market prices, at negotiated prices or at fixed prices. You may effect such transactions by selling Shares to or through other broker-dealers, and such other broker-dealers may receive compensation in the form of underwriting discounts, concessions or commissions from you and/or commissions from the purchasers of Shares for whom they may act as agent (which discounts, concessions or commissions will not exceed those customary in the types of transactions involved). In connection with the sale of the Shares, you may also receive commissions from purchasers of Shares for whom you may act as agent.
Manner of Sales. Tenant shall not conduct within the Premises any fire, auction, bankruptcy, "going-out-of-business," or similar sales.
Manner of Sales. Any sale of Registrable Securities pursuant to a Shelf Registration under this Section 3.2.2 may only be made in accordance with the method or methods of distribution of such Registrable Securities that are described in the registration statement for the Shelf Registration, based on information provided by the Selling Holders under Section 3.2.7 and permitted by such form of registration statement. Any sale of Registrable Securities pursuant to a Shelf Registration under this Section 3.2.2 must be made in compliance with applicable prospectus delivery requirements.
Manner of Sales. 12 SECTION 2.6
Manner of Sales. Unless otherwise expressly agreed by the parties, each order requesting any Product shall be filled by a sale of the requested Product by the Company to SeraCare. In all events, however, all orders for Products shall be subject to approval and acceptance by the Company and to and upon all of the Company's rules, regulations, procedures and policies, including, without limitation, its requirements as to order forms and the content thereof, its credit policies and all other terms and conditions of sale, all of which Company may change at any time and from time to time, in its sole discretion. Title and risk of loss of the Products shall pass from Company to SeraCare when the Products are shipped from the Company's facilities. SeraCare shall be responsible for determining that each lot of the Products conforms to the certificate of analysis provided for that lot. SeraCare must notify Company in writing of the following defects in any delivery of the Products within the following time limits:
(i) Damage or non-delivery of any part of any order -- within five (5) business days of SeraCare's receipt of the Product, or
(ii) Product non-compliance with certificate of analysis -- within fifteen (15) business days of SeraCare's receipt of the Product, with a copy of the Product test results made by SeraCare on which notice of failure to comply is based. The notice date of SeraCare's non-acceptance shall be the date of notice to the Company specifying the defect in delivery. If Company disagrees with SeraCare's reasons for non-compliance, Company may request re-testing of the Product in question by an independent laboratory for verification of SeraCare's reasons for non-acceptance. Company shall bear the costs for any such re-testing. In the event the Product in question is found by the independent laboratory to be in conformance with the Specifications (as hereinafter defined), then SeraCare shall accept the shipment and fully reimburse Company for all costs incurred in connection with the re-testing.
Manner of Sales. Any sale of Registrable Securities pursuant to a registration effected pursuant to this SECTION 1(c) may only be made in accordance with the method or methods of distribution of such Registrable Securities that are described in the registration statement for the registration and permitted by such form of registration statement. No sale of Registrable Securities pursuant to any registration effected pursuant to this SECTION 1(c) may be effected pursuant to any underwritten offering without LBI's prior written consent, which consent will not be unreasonably withheld. Notwithstanding anything to the contrary contained herein, in the event of the death of either USAuto Holder prior to the third anniversary of the date hereof, such USAuto Holder's executor, administrator, trustee, or personal representative to whom such USAuto Holder's Registrable Securities are transferred upon such death shall be entitled to request the registration of such Registrable Securities pursuant to the terms of this SECTION 1(c) at any time thereafter, provided that any such request and registration shall be subject to all of the other limitations specified herein.
Manner of Sales. (a) Upon receipt of any notice from the --------------- Contracting Stockholders that they are exercising their option pursuant to Section 7.3 of the Contract to accelerate the settlement of their obligations thereunder upon the occurrence of a Tax Event, the Trustees on the second Business Day immediately preceding the Tax Event Acceleration Date shall solicit cash bids, for settlement on the Business Day immediately preceding the Tax Event Acceleration Date, from three (or such fewer number of dealers as may be providing such bids) of the United States government securities primary dealers in The City of New York listed on Schedule 2.8(a) hereto selected by the Trustees after consultation with the Contracting Stockholders (which may include the Administrator or its affiliates) for the purchase by the quoting dealer of all U.S. Treasury Securities then held by the Trust. If for any reason the Trustees are unable to obtain the required bid on the second Business Day preceding the Tax Event Acceleration Date, the Trustees shall attempt to obtain such bid daily until they are able to obtain the required bid. The Trustees shall accept the highest bid received that will result in the greatest amount of proceeds from the sale of the U.S. Treasury Securities then held by the Trust and shall sell all such U.S. Treasury Securities at that highest bid and the proceeds from such sale shall be held by the Paying Agent in the Trust Account. The Trustees shall not be held liable in any way for failure to obtain such required bid in accordance with this Section 2.8(a).
(b) Any sale of Trust property permitted under Section 8.3(c) hereof shall be made through such executing brokers or to such dealers as the Trustees, seeking best price and execution for the Trust, shall designate in writing to the Paying Agent, taking into account such factors as price, commission, size of order, difficulty of execution and brokerage skill required.
Manner of Sales. The Selling Agent, the Partnership --------------- and the General Partner hereby agree that:
(a) Neither the Selling Agent nor any person authorized \ by or acting on its behalf will directly or indirectly offer to sell, offer for sale or sell the Units by means of any form of general solicitation or general advertising and neither the Selling Agent nor any such person will offer to sell, offer for sale or sell the Units by means of any advertisement, article, notice or other communication published in any newspaper, magazine or similar medium or broadcast over television or radio, or any seminar or meeting whose attendees have been invited by any general solicitation or general advertising.
(b) Unless otherwise agreed by the Selling Agent, the General Partner and the Partnership, offers of Units will only be made by the Selling Agent by means of the then-current Prospectus, the then-current form of Subscription Agreement, the most recent audited annual financial statements, and such other documents as may be agreed upon in writing from time to time by the Selling Agent, the General Partner and the Partnership (collectively, the "Offering Materials"), and no documents other than the Offering Materials will be provided to prospective investors or used by the Selling Agent for purposes of communicating with prospective investors with respect to the offering of the Units.
