Common use of Method of Offer and Sale Clause in Contracts

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 market offering” as defined in Rule 415 under the Securities Act. The Common Shares may also be offered and sold to or through a market maker or in privately negotiated transactions, provided the parties hereto have so agreed in writing and if so provided in the “Plan of Distribution” section of the Prospectus or a further supplement to the Prospectus describing the terms of such negotiated transaction. 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: Equity Distribution Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Holdings, Inc.)

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Method of Offer and Sale. The Common Shares may be offered and sold in (1) privately negotiated transactions (if and only if the parties hereto have so agreed in writing), or (2) by any other method or payment permitted by law and deemed to be an at the market offering” offering as defined in Rule 415 under of the Securities Act. The , including sales made directly on the Principal Market (or, in BNYCMI’s sole discretion, any other exchange on which the Common Shares may also be offered and sold Stock is then listed or admitted to trading) or sales made to or through a market maker or in privately negotiated transactions, provided the parties hereto have so agreed in writing and if so provided in the “Plan of Distribution” section of the Prospectus or a further supplement to the Prospectus describing the terms of such negotiated transactionthrough 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 Common Shares to or through a market maker or specified in privately negotiated transactions clause (1) above, and either party may withhold its consent thereto in its sole discretion.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Southwest Gas Corp)

Method of Offer and Sale. The Common Shares may be offered and sold in (1) privately negotiated transactions (if and only if the parties hereto have so agreed in writing), or (2) by any other method or payment permitted by law and deemed to be an “at the market offeringmarketoffering as defined in Rule 415 under of the Securities Act. The , including sales made directly on the Principal Market (or, in BNYCMI’s sole discretion, any other exchange on which the Common Shares may also be offered and sold Stock is then listed or admitted to trading) or sales made to or through a market maker or in privately negotiated transactions, provided the parties hereto have so agreed in writing and if so provided in the “Plan of Distribution” section of the Prospectus or a further supplement to the Prospectus describing the terms of such negotiated transactionthrough 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 Common Shares to or through a market maker or specified in privately negotiated transactions clause (1) above, and either party may withhold its consent thereto in its sole discretion.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Southwest Gas Corp)

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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 market offering” as defined in Rule 415 under the Securities Act. The Common Shares may also be offered and sold to or through a market maker or in privately negotiated transactions, provided the parties hereto have so agreed in writing and if so provided in the “Plan of Distribution” section of the Prospectus Supplement or a further supplement to the Prospectus describing the terms of such negotiated transaction. 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 1 contract

Samples: Sales Agency Agreement (Southwest Gas Holdings, Inc.)

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