Common use of Sale and Delivery of Securities Clause in Contracts

Sale and Delivery of Securities. 2.1 (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales Manager, as agent, and the Sales Manager agrees to sell, as agent for the Company, on a best efforts basis at prevailing market prices, shares of Company Equity Securities during the term of this Agreement on the terms set forth herein. Company Equity Securities will be sold from time to time as described in the Registration Statement and Prospectus, in amounts and, subject to price limitations, as directed by the Company and as agreed to by the Sales Manager; provided that nothing in this Agreement shall be construed to require the Company to sell any shares of Company Equity Securities through the Sales Manager.

Sale and Delivery of Securities. 2.1 (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales Manager, as agent, and the Sales Manager agrees to sell, as agent for the Company, on a best efforts basis at prevailing market pricesbasis, up to that number of shares of Stock as may be directed by the Company Equity Securities during the term of this Agreement Agreement, on the terms set forth herein. Company Equity Securities The Stock will be sold from time to time as described in the Registration Statement and Prospectus, in amounts andamounts, and subject to price limitations, as directed by the Company and as agreed to by the Sales Manager; provided that nothing in this Agreement shall be construed to require the Company to sell any shares of Company Equity Securities through the Sales Manager.

Sale and Delivery of Securities. 2.1 (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to issue and sell through the Sales Manager, as agent, and the Sales Manager agrees to sell, as agent for the Company, on a best efforts basis at prevailing market prices, shares of Company Equity Securities during the term of this Agreement on the terms set forth herein. Company Equity Securities will be sold from time to time as described in the Registration Statement and Prospectus, in amounts and, subject to price limitations, as directed by the Company and as agreed to by the Sales ManagerSALES MANAGER; provided that nothing in this Agreement shall be construed to require the Company to sell any shares of Company Equity Securities through the Sales ManagerPROVIDED THAT NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO REQUIRE THE COMPANY TO SELL ANY SHARES OF COMPANY EQUITY SECURITIES THROUGH THE SALES MANAGER.