Common use of Method of Offer and Sale Clause in Contracts

Method of Offer and Sale. The Shares may be offered and sold by any method permitted by law and deemed to be an “at-the-market offering” as defined in Rule 415 of the Securities Act, including sales made directly on the Principal Market or through an electronic communications network, or sales made, if and only if the parties hereto have so agreed in writing, to or through a market maker or in privately negotiated transactions. Nothing in this Agreement shall be deemed to require either party to agree to the offering and sale of Shares to or through a market maker or in privately negotiated transactions, and either party may withhold its consent thereto in its sole discretion.

Appears in 6 contracts

Samples: Sales Agency Agreement, Sales Agency Agreement, Sales Agency Agreement (Avista Corp)

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Method of Offer and Sale. The Shares may be offered and sold (i) in privately negotiated transactions (if and only if the parties hereto have so agreed in writing) or (ii) by any other method or payment permitted by law and deemed to be an “at-the-market offeringat the marketoffering as defined in Rule 415 of under the Securities Act, including sales made directly on the Principal Market or through an electronic communications network, or sales made, if and only if the parties hereto have so agreed in writing, made to or through a market maker or in privately negotiated transactionsthrough an electronic communications network. Nothing in this Agreement shall be deemed to require either party to agree to the offering method of offer and sale of Shares to or through a market maker or specified in privately negotiated transactionsclause (i) above, and either party may withhold its consent thereto in its such party’s sole discretion.

Appears in 4 contracts

Samples: Sales Agency Financing Agreement (Developers Diversified Realty Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp)

Method of Offer and Sale. The Common Shares may be offered and sold by any method permitted by law and deemed to be an “at-the-at the market offering” as defined in Rule 415 of under the Securities Act, including sales made directly on the Principal Market or through an electronic communications network, or sales madeor, if and only if the parties hereto have so agreed in writing, sales may be made to or through a market maker or in privately negotiated transactions. Nothing in this Agreement shall be deemed to require either party to agree to the offering and sale of Common Shares to or through a market maker or in privately negotiated transactions, and either party may withhold its consent thereto in its sole discretion.

Appears in 3 contracts

Samples: Sales Agency Agreement (Idaho Power Co), Sales Agency Agreement (Idacorp Inc), Sales Agency Agreement (Idacorp Inc)

Method of Offer and Sale. The Shares may be offered and sold (i) in privately negotiated transactions (if and only if the parties hereto have so agreed in writing) or (ii) by any other method or payment permitted by law and deemed to be an “at-the-at the market offering” as defined in Rule 415 of under the Securities Act, including sales made directly on the Principal Market or through an electronic communications network, or sales made, if and only if the parties hereto have so agreed in writing, made to or through a market maker or in privately negotiated transactionsthrough an electronic communications network. Nothing in this Agreement shall be deemed to require either party to agree to the offering method of offer and sale of Shares to or through a market maker or specified in privately negotiated transactionsclause (i) above, and either party may withhold its consent thereto in its such party’s sole discretion.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)

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Method of Offer and Sale. The Common Shares may be offered and sold (i) in privately negotiated transactions (if and only if the parties hereto have so agreed in writing) or (ii) by any other method or payment permitted by law and deemed to be an “at-the-market offeringat the marketas defined in offering within the meaning of Rule 415 of under the Securities Act, including sales made directly on the Principal Market or through an electronic communications network, or sales made, if and only if the parties hereto have so agreed in writing, made to or through a market maker or in privately negotiated transactionsthrough an electronic communications network. Nothing in this Agreement shall be deemed to require either party hereto to agree to the offering method of offer and sale of Shares to or through a market maker or specified in privately negotiated transactionsclause (i) above, and either party hereto may withhold its consent thereto in its such party’s sole discretion.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (ITC Holdings Corp.), Sales Agency Financing Agreement (ITC Holdings Corp.)

Method of Offer and Sale. The Common Shares may be offered and sold by any method permitted by law and deemed to be an “at-the-at the market offering” as defined in Rule 415 of under the Securities Act, including sales made directly on the Principal Market or through an electronic communications network, or sales madeor, if and only if the parties hereto have so agreed in writing, sales may be made to or through a market maker or in privately negotiated transactions. Nothing in this Agreement shall be deemed to require either party to agree to the offering and sale of Common Shares to or through a market maker or in privately negotiated transactions, transactions and either party may withhold its consent thereto in its sole discretion.

Appears in 1 contract

Samples: Sales Agency Agreement (Southwest Gas Corp)

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