Common use of Sale of Placement Shares Clause in Contracts

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

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