Common use of Sale of Placement Securities Clause in Contracts

Sale of Placement Securities. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon [ ]’ acceptance of the terms of a Placement Notice or upon receipt by [ ] of an Acceptance, as the case may be, and unless the sale of the Placement Securities described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, [ ], for the period specified in the Placement Notice (as amended by the corresponding Acceptance, if applicable), will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities up to the amount specified, and otherwise in accordance with the terms of such Placement Notice (as amended by the corresponding Acceptance, if applicable). The Company acknowledges and agrees that (i) there can be no assurance that [ ] will be successful in selling Placement Securities, (ii) [ ] will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Securities for any reason other than a failure by [ ] to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities as required under this Section 6 and (iii) [ ] shall be under no obligation to purchase Securities on a principal basis pursuant to this Agreement, except as otherwise agreed by [ ] and the Company in the Placement Notice (as amended by the corresponding Acceptance, if applicable).

Sale of Placement Securities. On the basis of the representations representations, warranties and warranties agreements contained herein contained and subject to the terms and conditions herein set forthforth herein, upon [ ]’ the Agent’s acceptance of the terms of a Placement Notice or upon receipt by [ ] the Agent of an Acceptance, as the case may be, and unless the sale of the Placement Securities described therein has been declined, suspended, suspended or otherwise terminated in accordance with the terms of this Agreement, [ ]the Agent, for the period specified in the Placement Notice (as amended by the corresponding Acceptance, if applicable), will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities up to the amount specified, and otherwise in accordance with the terms of such Placement Notice (as amended by the corresponding Acceptance, if applicable). The Company acknowledges and agrees that (i) there can be no assurance that [ ] the Agent will be successful in selling Placement Securities, (ii) [ ] the Agent will not incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Securities for any reason other than a failure by [ ] the Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities as required under this Section 6 and (iii) [ ] the Agent shall not be under no any obligation to purchase Securities on a principal basis pursuant to this Agreement, except as otherwise agreed by [ ] and the Company Agent in the Placement Notice (as amended by the corresponding Acceptance, if applicable).

Sale of Placement Securities. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon [ ]’ the Agent’s acceptance of the terms of a Placement Notice or upon receipt by [ ] the Agent of an Acceptance, as the case may be, and unless the sale of the Placement Securities described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, [ ]the Agent, for the period specified in the Placement Notice (as amended by the corresponding Acceptance, if applicable), will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities up to the amount specified, and otherwise in accordance with the terms of such Placement Notice (as amended by the corresponding Acceptance, if applicable). The Company acknowledges and agrees that (i) there can be no assurance that [ ] the Agent will be successful in selling Placement Securities, (ii) [ ] the Agent will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Securities for any reason other than a failure by [ ] the Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities as required under this Section 6 and (iii) [ ] shall be under no obligation to purchase Securities on a principal basis pursuant to this Agreement, except as otherwise agreed by [ ] and the Company Agent in the Placement Notice (as amended by the corresponding Acceptance, if applicable)) or in a separate terms agreement, the Agent shall be under no obligation to purchase Securities as principal pursuant to this Agreement.

Sale of Placement Securities. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon [ ]’ DBSI’s acceptance of the terms of a Placement Notice or upon receipt by [ ] DBSI of an Acceptance, as the case may be, and unless the sale of the Placement Securities described therein has been declined, suspended, suspended or otherwise terminated in accordance with the terms of this Agreement, [ ]DBSI, for the period specified in the Placement Notice (as amended by the corresponding Acceptance, if applicable), will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities up to the amount specifiedspecified in, and otherwise in accordance with the terms of of, such Placement Notice (as amended by the corresponding Acceptance, if applicable). The Company acknowledges and agrees that (i) there can be no assurance that [ ] DBSI will be successful in selling Placement Securities, (ii) [ ] DBSI will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Securities for any reason other than a failure by [ ] DBSI to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities as required under this Section 6 and (iii) [ ] DBSI shall be under no obligation to purchase Securities on a principal basis pursuant to this Agreement, except as otherwise agreed by [ ] and the Company DBSI in the a Placement Notice (as amended by the corresponding Acceptance, if applicable).

Sale of Placement Securities. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon [ ]’ an Agent’s acceptance of the terms of a Placement Notice or upon receipt by [ ] an Agent of an Acceptance, as the case may be, and unless the sale of the Placement Securities described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, [ ]such Agent, for the period specified in the Placement Notice (as amended by the corresponding Acceptance, if applicable), will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities up to the amount specified, and otherwise in accordance with the terms of such Placement Notice (as amended by the corresponding Acceptance, if applicable). The Company acknowledges and agrees that (i) there can be no assurance that [ ] such Agent will be successful in selling Placement Securities, (ii) [ ] such Agent will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Securities for any reason other than a failure by [ ] such Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities as required under this Section 6 and (iii) [ ] such Agent shall be under no obligation to purchase Securities on a principal basis pursuant to this Agreement, except as otherwise agreed by [ ] and the Company such Agent in the Placement Notice (as amended by the corresponding Acceptance, if applicable)) or otherwise in writing.

Sale of Placement Securities. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon [ ]’ KBW’s acceptance of the terms of a Placement Notice or upon receipt by [ ] KBW of an Acceptance, as the case may be, and unless the sale of the Placement Securities described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, [ ]KBW, for the period specified in the Placement Notice (as amended by the corresponding Acceptance, if applicable), will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities up to the amount specified, and otherwise in accordance with the terms of such Placement Notice (as amended by the corresponding Acceptance, if applicable). The Company acknowledges and agrees that (i) there can be no assurance that [ ] KBW will be successful in selling Placement Securities, (ii) [ ] KBW will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Securities for any reason other than a failure by [ ] KBW to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities as required under this Section 6 6, and (iii) [ ] KBW shall be under no obligation to purchase Securities on a principal basis pursuant to this Agreement, except as otherwise agreed by [ ] and the Company KBW in the Placement Notice (as amended by the corresponding Acceptance, if applicable)) or otherwise in writing.

Sale of Placement Securities. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon [ ]’ RBC’s acceptance of the terms of a Placement Notice or upon receipt by [ ] RBC of an Acceptance, as the case may be, and unless the sale of the Placement Securities described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, [ ]RBC, for the period specified in the Placement Notice (as amended by the corresponding Acceptance, if applicable), will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities up to the amount specified, and otherwise in accordance with the terms of such Placement Notice (as amended by the corresponding Acceptance, if applicable). The Company acknowledges and agrees that (i) there can be no assurance that [ ] RBC will be successful in selling Placement Securities, (ii) [ ] RBC will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Securities for any reason other than a failure by [ ] RBC to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities as required under this Section 6 and (iii) [ ] RBC shall be under no obligation to purchase Securities on a principal basis pursuant to this Agreement, except as otherwise agreed by [ ] and the Company in the Placement Notice (as amended by the corresponding Acceptance, if applicable).

Sale of Placement Securities. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, upon [ ]’ the applicable Agent’s acceptance of the terms of a Placement Notice or upon receipt by [ ] such Agent of an Acceptance, as the case may be, and unless the sale of the Placement Securities described therein has been declined, suspended, or otherwise terminated in accordance with the terms of this Agreement, [ ]the applicable Agent, for the period specified in the Placement Notice (as amended by the corresponding Acceptance, if applicable), will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities up to the amount specified, and otherwise in accordance with the terms of such Placement Notice (as amended by the corresponding Acceptance, if applicable). The Company acknowledges and agrees that (i) there can be no assurance that [ ] any Agent will be successful in selling Placement Securities, (ii) [ ] no Agent will incur no liability or obligation to the Company or any other person or entity if it does not sell Placement Securities for any reason other than a failure by [ ] any Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Placement Securities as required under this Section 6 and (iii) [ ] no Agent shall be under no any obligation to purchase Securities on a principal basis pursuant to this Agreement, except as otherwise agreed by [ ] and the Company Agent in the Placement Notice (as amended by the corresponding Acceptance, if applicable).