Common use of Sale and Delivery of Shares Clause in Contracts

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent acting as sales agent or directly to the Agent acting as principal from time to time. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 15 contracts

Samples: Sales Agreement (Cohen & Steers, Inc.), Terms Agreement, Equity Offeringsm Sales Agreement (Armada Hoffler Properties, Inc.)

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Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent applicable Agent(s) acting as sales agent or directly to the Agent applicable Agent(s) acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 4 contracts

Samples: Equity Offeringsm Sales Agreement (Safehold Inc.), Equity Distribution Agreement (Ryman Hospitality Properties, Inc.), Equity Sales Agreement (W. P. Carey Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent Agents acting as sales agent agents or directly to the Agent Agents acting as principal principals from time to time. Sales of the Shares, if any, through the Agent Agents acting as sales agent agents or directly to the Agent Agents acting as principal principals will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 3 contracts

Samples: Terms Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Terms Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Terms Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company Selling Stockholder agrees to issue and sell Shares through the Agent acting as sales agent or directly to the Agent acting as principal from time to time. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 2 contracts

Samples: Equity Offeringsm Sales Agreement (Tattooed Chef, Inc.), Equity Offeringsm Sales Agreement (Tattooed Chef, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent Agents acting severally as sales agent agents or directly to the Agent Agents acting severally as principal principals from time to time. Sales of the Shares, if any, through the Agent Agents acting as sales agent agents or directly to the Agent Agents acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 2 contracts

Samples: Equity Offeringsm Sales Agreement (Uniti Group Inc.), Equity Offeringsm Sales Agreement (Communications Sales & Leasing, Inc.)

Sale and Delivery of Shares. (a) (i) Subject to the terms and conditions set forth herein, the Company agrees to may issue and sell Shares through the Agent Agent, acting as sales agent for the Company, or directly to the Agent Agent, acting as principal principal, from time to time. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of (any such sale, at prices related to prevailing market prices or at negotiated pricesa “Direct Sale”).

Appears in 2 contracts

Samples: Equity Distribution Agreement (Affiliated Managers Group, Inc.), Equity Distribution Agreement (Affiliated Managers Group, Inc.)

Sale and Delivery of Shares. (a) (i) Subject to the terms and conditions set forth herein, the Company agrees to may issue and sell Shares through the Agent acting as sales agent or directly to the Agent acting as principal from time to time. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 2 contracts

Samples: Terms Agreement (Piedmont Natural Gas Co Inc), Terms Agreement (Piedmont Natural Gas Co Inc)

Sale and Delivery of Shares. (a) Subject to Upon the terms and subject to the conditions set forth herein, the Company agrees to issue and sell Shares through the applicable Agent acting as sales agent or directly to the Agent applicable Agent(s) acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 2 contracts

Samples: Equity Offeringsm Sales Agreement (CoreCivic, Inc.), Terms Agreement (Corrections Corp of America)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the applicable Agent acting as sales agent or directly to the applicable Agent or Agents acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent or Agents acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 2 contracts

Samples: Equity Distribution Sales Agreement (Black Hills Corp /Sd/), Equity Distribution Sales Agreement (Black Hills Corp /Sd/)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent acting as sales agent or directly to agent, and the Agent acting agrees to use its commercially reasonable efforts to sell as principal from time to timesales agent for the Company, the Shares. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal agent, will be made by means of ordinary brokers’ transactions on the NYSE NASDAQ or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Hampton Roads Bankshares Inc), Sales Agency Agreement (FNB United Corp.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the applicable Agent acting as sales agent or directly to the applicable Agent acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 2 contracts

Samples: Equity Offeringsm Sales Agreement (Mineralys Therapeutics, Inc.), Terms Agreement (Inovio Pharmaceuticals, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the applicable Agent acting as sales agent or directly to the Agent acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 2 contracts

Samples: Sales Agreement (Ascendis Pharma a/S), Ascendis Pharma a/S

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the applicable Agent acting as sales agent or directly to the applicable Agent acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Exchange or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Apollo Commercial Real Estate Finance, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent applicable Agents acting as sales agent or directly to the Agent applicable Agents acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE New York Stock Exchange (the “NYSE”) or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Colony Starwood Homes)

Sale and Delivery of Shares. (a) (i) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the any Agent acting as sales agent or directly to the any Agent acting as principal from time to time. Sales of the Shares, if any, through the such Agent acting as sales agent or directly to the such Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or or, with respect to the Primary Shares only, at negotiated prices.

Appears in 1 contract

Samples: Equity Offering Sales Agreement (Armada Hoffler Properties, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent, as sales agent, and the Agent acting agrees to use its commercially reasonable efforts to sell as sales agent or directly to for the Agent acting as principal from time to timeCompany, the Shares. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal shares will be made on the New York Stock Exchange (the “Exchange”) or otherwise, by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Carnival PLC

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the applicable Agent acting as sales agent or directly to the applicable Agent or Agents acting as principal from time to time. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (DICE Therapeutics, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the one Agent at a time acting as sales agent or directly to the an Agent acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Offering Sales Agreement (I3 Verticals, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the any applicable Agent acting as sales agent or directly to the applicable Agent acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (South Jersey Industries Inc)

Sale and Delivery of Shares. (a) Subject to Upon the terms and subject to the conditions set forth herein, the Company agrees to issue and sell Shares through the Agent applicable Agents acting as sales agent or directly to the Agent applicable Agents acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE New York Stock Exchange (the “NYSE”) or otherwise at market prices prevailing at the time of salesuch sales, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Ventas Inc)

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Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent acting as sales agent or directly to the Agent acting as principal from time to timeagent. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Distribution Agreement (Inovio Pharmaceuticals, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent applicable Agents acting as sales agent or directly to the Agent applicable Agents acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq Global Select Market (“Nasdaq”) or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Sabre Corp)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent acting as sales agent or directly to the Agent acting as principal from time to time, and the Agent agrees to use commercially reasonable efforts to sell as sales agent for the Company, the Shares. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Kansas City Southern)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company Selling Stockholder agrees to issue and sell Shares through the Agent Manager acting as sales agent or directly to the Agent Manager acting as principal from time to time. Sales of the Shares, if any, through the Agent Manager acting as sales agent or directly to the Agent Manager acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Distribution Agency Agreement (Virgin Galactic Holdings, Inc)

Sale and Delivery of Shares. (a) (i) Subject to the terms and conditions set forth herein, the Company agrees to may issue and sell Shares through the Agent acting as sales agent for the Company or directly to the Agent acting as principal from time to time. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of (any such sale, at prices related to prevailing market prices or at negotiated pricesa “Direct Sale”).

Appears in 1 contract

Samples: Equity Distribution Agreement (Affiliated Managers Group, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent acting as sales agent or directly to the Agent acting as principal from time to time. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (REE Automotive Ltd.)

Sale and Delivery of Shares. (a) a. Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent acting as sales agent or directly to the Agent acting as principal from time to time, and the Agent agrees to use its commercially reasonable efforts to sell as sales agent for the Company, the Shares. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Sales Agreement (DryShips Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent Agent, acting as sales agent agent, or directly to the Agent Agent, acting as principal principal, from time to time. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (REGENXBIO Inc.)

Sale and Delivery of Shares. (a) Subject to Upon the terms and subject to the conditions set forth herein, the Company agrees to issue and sell Shares through the Agent applicable Agents acting as sales agent or directly to the Agent applicable Agents acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Ventas Inc)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the Agent acting as sales agent or directly to the Agent acting as principal from time to time, and the Agent agrees to use its commercially reasonable efforts to sell as sales agent for the Company, the Shares. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Sales Agreement (DryShips Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees to issue and sell Shares through the applicable Agent acting as sales agent or directly to the applicable Agent acting as principal from time to time. Sales of the Shares, if any, through the an Agent acting as sales agent or directly to the an Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Distribution Sales Agreement (CAI International, Inc.)

Sale and Delivery of Shares. (a) Subject to the terms and conditions set forth herein, the Company agrees Selling Stockholders agree to issue and sell Shares through the Agent acting as sales agent or directly to the Agent acting as principal from time to time. Sales of the Shares, if any, through the Agent acting as sales agent or directly to the Agent acting as principal will be made by means of ordinary brokers’ transactions on the NYSE Nasdaq or otherwise at market prices prevailing at the time of sale, at prices related to prevailing market prices or at negotiated prices.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Diamondback Energy, Inc.)

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