Common use of Sale of Placement Shares by the Agents Clause in Contracts

Sale of Placement Shares by the Agents. a. Subject to the terms and conditions of this Agreement, for the period specified in the Placement Notice, the Agents will use their commercially reasonable efforts consistent with its normal trading and sales practices and applicable state and federal laws, rules and regulations and the rules of the NASDAQ Capital Market (the “Exchange”), to sell the Placement Shares up to the amount specified in, and otherwise in accordance with the terms of, such Placement Notice. The Agents will provide written confirmation to the Company no later than the opening of the Trading Day (as defined below) immediately following the Trading Day on which it has made sales of Placement Shares hereunder setting forth the number of Placement Shares sold on such day, the compensation payable by the Company to the Agents pursuant to Section 2 with respect to such sales, and the Net Proceeds (as defined below) payable to the Company, with an itemization of the deductions made by the Agents (as set forth in Section 5(b)) from the gross proceeds that it receives from such sales. Subject to the terms of a Placement Notice, the Agents may sell Placement Shares by any method permitted by law deemed to be an “at-the-market” offering as defined in Rule 415 of the Securities Act, including without limitation sales made directly on the Exchange, on any other existing trading market for the Common Stock or to or through a market maker. Subject to the terms of a Placement Notice, the Agents may also sell Placement Shares by any other method permitted by law, including but not limited to negotiated transactions, with the Company’s consent. “Trading Day” means any day on which Common Stock is purchased and sold on the Exchange.

Sale of Placement Shares by the Agents. a. Subject to the terms and conditions of this Agreement, for the period specified in the a Placement Notice, the Agents Designated Agent will use their its commercially reasonable efforts consistent with its normal trading and sales practices and applicable state and federal laws, rules and regulations and the rules of the NASDAQ Capital Global Select Market (the “Exchange”), to sell the Placement Shares up to the amount specified in, and otherwise in accordance with the terms of, such Placement Notice. The Agents Designated Agent will provide written confirmation to the Company no later than the opening of the Trading Day (as defined below) immediately following the Trading Day on which it has made sales of Placement Shares hereunder setting forth the number of Placement Shares sold on such day, the compensation payable by the Company to the Agents such Designated Agent pursuant to Section 2 with respect to such sales, and the Net Proceeds (as defined below) payable to the Company, with an itemization of the deductions made by the Agents such Designated Agent (as set forth in Section 5(b)) from the gross proceeds that it receives from such sales. Subject to the terms of a Placement Notice, the Agents may sell Designated Agent agrees that all sales of the Placement Shares by the Designated Agent will only be made by any method permitted by law deemed to be an “at-the-marketat the market offering” offering as defined in Rule 415 415(a)(4) of the Securities Act. Notwithstanding the foregoing, including no sale may be made in a privately negotiated transaction by a Designated Agent pursuant to this Agreement without limitation sales made directly on the Exchange, on any other existing trading market for the Common Stock or to or through a market maker. Subject to the terms prior written consent of a Placement Notice, the Agents may also sell Placement Shares by any other method permitted by law, including but not limited to negotiated transactions, with the Company’s consent. “Trading Day” means any day on which shares of Common Stock is are purchased and sold on the Exchange.

Sale of Placement Shares by the Agents. a. Subject to the terms and conditions provisions of this AgreementSection 5(a), the Designated Agent, for the period specified in the Placement Notice, the Agents will use their its commercially reasonable efforts consistent with its normal trading and sales practices and applicable state and federal laws, rules and regulations and the rules of the NASDAQ Capital Market (the “Exchange”)practices, to sell the Placement Shares up to the amount specified in, and otherwise in accordance with the terms of, such Placement Notice. The Agents Designated Agent will provide written confirmation to the Company no later than the opening of the Trading Day (as defined below) immediately following the Trading Day on which it has made sales of Placement Shares hereunder setting forth the number of Placement Shares sold on such day, the compensation payable by the Company to the Agents Designated Agent pursuant to Section 2 with respect to such sales, and the Net Proceeds (as defined below) payable to the Company, with an itemization of the deductions made by the Agents Designated Agent (as set forth in Section 5(b)) from the gross proceeds that it receives from such sales. Subject to the terms of a the Placement NoticeNotice and the terms of this Agreement, the Agents Designated Agent may sell Placement Shares by any method permitted by law deemed to be an “at-the-marketat the market offering” offering as defined in Rule 415 415(a)(4) of the Securities ActAct Regulations, including without limitation sales made directly on or through the New York Stock Exchange (the “Exchange, on ”) or any other existing trading market for the Common Stock or in negotiated transactions at market prices prevailing at the time of sale or at prices related to or through a such prevailing market maker. Subject to the terms of a Placement Noticeprices, the Agents may also sell Placement Shares by and/or any other method permitted by law, including but not limited to negotiated transactions, with the Company’s consent. “Trading Day” means any day on which Common Stock is purchased and sold traded on the Exchange.

Sale of Placement Shares by the Agents. a. Subject to the terms and conditions of this Agreement, each Agent, for the period specified in the a Placement Notice, the Agents will use their its commercially reasonable efforts consistent with its normal trading and sales practices and applicable state and federal laws, rules and regulations and the rules of the NASDAQ Capital Market (the “Exchange”)practices, to sell the Placement Shares up to the amount specified in, and otherwise in accordance with the terms of, such Placement Notice. The Agents Such Agent will provide written confirmation confirmation, including by email or fax transmission, to the Company no later than the opening of the Trading Day (as defined below) immediately following the Trading Day on which it has made sales of Placement Shares hereunder setting forth the (i) number of Placement Shares sold on such day, (ii) the volume weighted average price at which such Placement Shares were sold, (iii) gross proceeds from such sales, (iv) compensation payable by the Company to the Agents such Agent pursuant to Section 2 with respect to such sales, and the (v) Net Proceeds (as defined below) payable to the Company, with an itemization of the deductions made by the Agents such Agent (as set forth in Section 5(b)) from the gross proceeds that it receives from such sales. Subject to the terms of a Placement Notice, the Agents may sell Placement Shares by any method permitted by law deemed to be an “at-the-marketat the market offering” offering as defined in Rule 415 of the Securities ActAct Regulations, including including, without limitation limitation, sales made directly on the New York Stock Exchange (the “Exchange”), which the Company’s Class A Shares is listed on, on any other existing trading market for the Common Stock Class A Shares, or to or through a market maker. Subject to the terms of a Placement Notice, the Agents may also sell Placement Shares by any other method permitted by lawlaw and the rules and regulations of the Exchange, including including, but not limited to to, negotiated transactions, with the Company’s consent. “Trading Day” means any day on which Common Stock Class A Shares is purchased and sold on the Exchange.