Common use of Sale and Delivery of Securities Clause in Contracts

Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company appoints UBS Securities LLC as the Manager in connection with the offer and sale of Shares in any transaction entered into hereunder. If the Company decides to issue and sell shares of its Common Stock under the Distribution Agreements, the Company will be obligated to do so through the Managers. The Company and the Manager agree that the Company may from time to time seek to sell Shares through the Manager, acting as sales agent, or (if and only if the parties hereto have so agreed in writing) directly to the Manager acting as principal, 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 deemed to be an “at the market” offering as defined in Rule 415 of the Securities Act, including sales made directly on the New York Stock Exchange or sales made to or through a market maker or through an electronic communications network, as follows (nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in clause (1) above, and either party may withhold its consent thereto in such party’s sole discretion): (i) The Company (through Xxxxxxxxx X. Xxxxx, Xxxxxx X. Xxxxx, Xx., Xxxx X. Xxxxxxxx, Xxxxxxx X. Xxxxxxxx and Xxxxx Xxxxxxx, each a Company representative to whom the Company has conveyed full power and authority to submit sale orders to, and to negotiate terms agreements with, the Managers (a “Designated Representative”), and any substitute or additional Designated Representative as designated by the Company and notified in writing to the Managers) may submit to the Manager its orders (including any price, time or size limits or other customary parameters or conditions) to sell Shares on any Trading Day (as defined herein) in a form and manner as mutually agreed to by the Company and the Manager. As used herein, “Trading Day” shall mean any trading day on the NYSE.

Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company appoints UBS X.X. Xxxxxx Securities LLC Inc. as the Manager in connection with the offer and sale of Shares in any transaction entered into hereunder. If the Company decides to issue and sell shares of its Common Stock under the Distribution Agreements, the Company will be obligated to do so through the Managers. The Company and the Manager agree that the Company may from time to time seek to sell Shares through the Manager, acting as sales agent, or (if and only if the parties hereto have so agreed in writing) directly to the Manager acting as principal, 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 deemed to be an “at the market” offering as defined in Rule 415 of the Securities Act, including sales made directly on the New York Stock Exchange or sales made to or through a market maker or through an electronic communications network, as follows (nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in clause (1) above, and either party may withhold its consent thereto in such party’s sole discretion): (i) The Company (through Xxxxxxxxx X. Xxxxx, Xxxxxx X. Xxxxx, Xx., Xxxx X. Xxxxxxxx, Xxxxxxx X. Xxxxxxxx and Xxxxx Xxxxxxx, each a Company representative to whom the Company has conveyed full power and authority to submit sale orders to, and to negotiate terms agreements with, the Managers (a “Designated Representative”), and any substitute or additional Designated Representative as designated by the Company and notified in writing to the Managers) may submit to the Manager its orders (including any price, time or size limits or other customary parameters or conditions) to sell Shares on any Trading Day (as defined herein) in a form and manner as mutually agreed to by the Company and the Manager. As used herein, “Trading Day” shall mean any trading day on the NYSE.

Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company appoints UBS Securities LLC Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated as the Manager in connection with the offer and sale of Shares in any transaction entered into hereunder. If the Company decides to issue and sell shares of its Common Stock under the Distribution Agreements, the Company will be obligated to do so through the Managers. The Company and the Manager agree that the Company may from time to time seek to sell Shares through the Manager, acting as sales agent, or (if and only if the parties hereto have so agreed in writing) directly to the Manager acting as principal, 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 deemed to be an “at the market” offering as defined in Rule 415 of the Securities Act, including sales made directly on the New York Stock Exchange or sales made to or through a market maker or through an electronic communications network, as follows (nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in clause (1) above, and either party may withhold its consent thereto in such party’s sole discretion): (i) The Company (through Xxxxxxxxx X. Xxxxx, Xxxxxx X. Xxxxx, Xx., Xxxx X. Xxxxxxxx, Xxxxxxx X. Xxxxxxxx and Xxxxx Xxxxxxx, each a Company representative to whom the Company has conveyed full power and authority to submit sale orders to, and to negotiate terms agreements with, the Managers (a “Designated Representative”), and any substitute or additional Designated Representative as designated by the Company and notified in writing to the Managers) may submit to the Manager its orders (including any price, time or size limits or other customary parameters or conditions) to sell Shares on any Trading Day (as defined herein) in a form and manner as mutually agreed to by the Company and the Manager. As used herein, “Trading Day” shall mean any trading day on the NYSE.

Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company appoints UBS Securities Xxxxx Fargo Securities, LLC as the Manager in connection with the offer and sale of Shares in any transaction entered into hereunder. If the Company decides to issue and sell shares of its Common Stock under the Distribution Agreements, the Company will be obligated to do so through the Managers. The Company and the Manager agree that the Company may from time to time seek to sell Shares through the Manager, acting as sales agent, or (if and only if the parties hereto have so agreed in writing) directly to the Manager acting as principal, 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 deemed to be an “at the market” offering as defined in Rule 415 of the Securities Act, including sales made directly on the New York Stock Exchange or sales made to or through a market maker or through an electronic communications network, as follows (nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in clause (1) above, and either party may withhold its consent thereto in such party’s sole discretion): (i) The Company (through Xxxxxxxxx X. Xxxxx, Xxxxxx X. Xxxxx, Xx., Xxxx X. Xxxxxxxx, Xxxxxxx X. Xxxxxxxx and Xxxxx Xxxxxxx, each a Company representative to whom the Company has conveyed full power and authority to submit sale orders to, and to negotiate terms agreements with, the Managers (a “Designated Representative”), and any substitute or additional Designated Representative as designated by the Company and notified in writing to the Managers) may submit to the Manager its orders (including any price, time or size limits or other customary parameters or conditions) to sell Shares on any Trading Day (as defined herein) in a form and manner as mutually agreed to by the Company and the Manager. As used herein, “Trading Day” shall mean any trading day on the NYSE.

Sale and Delivery of Securities. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company appoints UBS Deutsche Bank Securities LLC Inc. as the Manager in connection with the offer and sale of Shares in any transaction entered into hereunder. If the Company decides to issue and sell shares of its Common Stock under the Distribution Agreements, the Company will be obligated to do so through the Managers. The Company and the Manager agree that the Company may from time to time seek to sell Shares through the Manager, acting as sales agent, or (if and only if the parties hereto have so agreed in writing) directly to the Manager acting as principal, 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 deemed to be an “at the market” offering as defined in Rule 415 of the Securities Act, including sales made directly on the New York Stock Exchange or sales made to or through a market maker or through an electronic communications network, as follows (nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in clause (1) above, and either party may withhold its consent thereto in such party’s sole discretion): (i) The Company (through Xxxxxxxxx X. Xxxxx, Xxxxxx X. Xxxxx, Xx., Xxxx X. Xxxxxxxx, Xxxxxxx X. Xxxxxxxx and Xxxxx Xxxxxxx, each a Company representative to whom the Company has conveyed full power and authority to submit sale orders to, and to negotiate terms agreements with, the Managers (a “Designated Representative”), and any substitute or additional Designated Representative as designated by the Company and notified in writing to the Managers) may submit to the Manager its orders (including any price, time or size limits or other customary parameters or conditions) to sell Shares on any Trading Day (as defined herein) in a form and manner as mutually agreed to by the Company and the Manager. As used herein, “Trading Day” shall mean any trading day on the NYSE.