Common use of Sale and Delivery of the Shares Clause in Contracts

Sale and Delivery of the Shares. On the basis of the representations, warranties and agreements and subject to the terms and conditions set forth herein, 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 directly to the Manager acting as principal, as follows: (a) The Company may submit to the Manager its orders (including any price, time or size limits or other customary parameters and conditions) to sell Shares on any Trading Day (as defined herein) through placement instructions substantially in the form attached hereto as Schedule D. Orders will be submitted by the Company and received by the Manager, initially by the authorized officers and persons listed in Schedule E, and any substitute or additional officers and persons as designated by the Company and notified in writing to the Manager. The Company shall have the right to amend at any time and from time to time any such prior order provided the Manager is given reasonable notice of such amendment. As used herein, “Trading Day” shall mean any trading day on the NYSE.