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.
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Samples: Sales Agreement (Sea Containers LTD /Ny/), Sales Agreement (Sea Containers LTD /Ny/)
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"), New York Stock Exchange 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" offerings off the floor of the Exchanges, New York Stock Exchange or "exchange distributions" distributions and "special offerings" of Shares under offerings pursuant to and in accordance with the rules of the ExchangesNew York Stock Exchange, or (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 lawtransactions. 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.
(2) Sea Containers acknowledges that nothing in this Agreement will prohibit you from (A) acting as broker for the sale of shares of OEH by customers other than OEH or Sea Containers, (B) soliciting the sale of shares of OEH through you as broker for the seller, soliciting the sale of shares of OEH to you as principal and soliciting offers to buy shares, (C) purchasing shares of OEH otherwise than pursuant to this Agreement, and (D) offering and selling as principal for your own account shares of OEH which you have purchased otherwise than pursuant to this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Orient Express Hotels LTD), Sales Agreement (Orient Express Hotels LTD)
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.
(2) Sea Containers acknowledges that nothing in this Agreement will prohibit you from (A) acting as broker for the sale of shares of Sea Containers by customers other than Sea Containers, (B) soliciting the sale of shares of Sea Containers through you as broker for the seller, soliciting the sale of shares of Sea Containers to you as principal and soliciting offers to buy shares, (C) purchasing shares of Sea Containers otherwise than pursuant to this Agreement, and (D) offering and selling as principal for your own account shares of Sea Containers which you have purchased otherwise than pursuant to this Agreement.
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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 purchaserstransactions, (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"), New York Stock Exchange 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" offerings off the floor of the Exchanges, New York Stock Exchange or "exchange distributions" distributions and "special offerings" of Shares under offerings pursuant to and in accordance with the rules of the ExchangesNew York Stock Exchange, or (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 lawtransactions. 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.
(2) Sea Containers acknowledges that nothing in this Agreement will prohibit you from (A) acting as broker for the sale of shares of Sea Containers by customers other than Sea Containers, (B) soliciting the sale of shares of Sea Containers through you as broker for the seller, soliciting the sale of shares of Sea Containers to you as principal and soliciting offers to buy shares, (C) purchasing shares of Sea Containers otherwise than pursuant to this Agreement, and
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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 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"), New York Stock Exchange 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" offerings off the floor of the ExchangesNew York Stock Exchange, or "exchange distributions" distributions or special offerings pursuant to and "special offerings" of Shares under in accordance with the rules of the Exchanges, New York Stock Exchange,
(D) privately negotiated transactions,
(E) short sales,
(F) firm commitment or best efforts underwritten offerings, or
(EG) 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 transactions.
(F2) 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.
(3) OEH and the Selling Shareholder acknowledge that nothing in this Agreement will prohibit you from (A) acting as broker for the sale of shares of OEH by customers other than the Selling Shareholder, (B) soliciting the sale of shares of OEH through you as broker for the seller or to you as principal, and soliciting offers to buy shares, (C) purchasing shares of OEH otherwise than pursuant to this Agreement, and (D) offering and selling as principal for your own account shares of OEH which you have purchased otherwise than pursuant to this Agreement.
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