Common use of Sale and Delivery Closing Clause in Contracts

Sale and Delivery Closing. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Trust agrees to issue and sell the Capital Securities through the Underwriter, as agent for the Trust, to the public and the Underwriter agrees to use its best efforts to sell the Capital Securities as agent for the Trust, at the price per Capital Security set forth on Schedule B (the "Public Offering Price"). The Company agrees to pay the Underwriter a commission for Capital Securities sold through the Underwriter in the public offering as set forth on Schedule B (the "Selling Commission"). The Underwriter may reject any offer to purchase the Capital Securities made through the Underwriter in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's agreement contained herein.

Sale and Delivery Closing. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Trust agrees to issue and sell the Capital Securities through the Underwriter, as agent for the Trust, to the public and the Underwriter agrees to use its best efforts to sell the Capital Securities as agent for the Trust, at the price per Capital Security share set forth on Schedule B (the "Public Offering Price"). The Company agrees to pay the Underwriter a commission for Capital Securities sold through the Underwriter in the public offering as set forth on Schedule B (the "Selling Commission"). The Underwriter may reject any offer to purchase the Capital Securities made through the Underwriter in whole or in part, and any such rejection shall not be deemed a breach of the Underwriter's agreement contained herein.