Sales Through Agents. With respect to the offering and sale of Placement Shares pursuant to this Agreement, the Company agrees that any offer to sell Placement Shares, any solicitation of an offer to buy Placement Shares, and any sales of Placement Shares shall only be effected by or through the Designated Agent on any single given day, and the Company shall in no event request that more than one Agent offer or sell Placement Shares pursuant to this Agreement on the same day.
Sales Through Agents. The Company agrees that any offer to sell, any solicitation of an offer to buy, or any sales of Placement Shares or any other equity security of the Company shall only be effected by or through an Agent, and only a single Agent, on any single given date, and in no event shall the Company request that more than one Agent sell Shares on the same day; provided however that (i) the foregoing limitation shall not apply to (A) exercise of any option, warrant, right or any conversion privilege set forth in the instruction governing such securities, (B) sales solely to employees, directors or security holders of the Company or its subsidiaries, or to a trustee or other person acquiring such securities for the accounts of such person and (ii) such limitation shall not apply (A) on any day during which no sales are made pursuant to this Agreement or (B) during a period in which the Company has notified the Agents that it will not sell Common Stock under this Agreement and (1) no Placement Notice is pending or (2) after a Placement Notice has been withdrawn.
Sales Through Agents. With respect to the offering and sale of Shares pursuant to this Agreement, the Company agrees that any offer to sell Shares, any solicitation of an offer to buy Shares, and any sales of Shares shall only be effected by or through a single Agent on any single given day, and the Company shall in no event request that more than one Agent offer or sell Shares pursuant to this Agreement on the same day.
Sales Through Agents. With respect to the offering and sale of Placement Shares by or through the Agents pursuant to this Agreement, the Company agrees that any offer to sell Placement ADSs, any solicitation of an offer to buy Placement ADSs, and any sales of Placement ADSs shall only be effected by or through the Designated Agent on any single given day, and the Company shall in no event request that more than one Agent offer or sell Placement ADSs pursuant to this Agreement on the same day.
Sales Through Agents. The Company agrees that any offer to sell, any solicitation of an offer to buy, or any sales by the Company of Placement Shares or any other equity security of the Company convertible or exchangeable into Common Stock shall only be effected by or through an Agent, and only a single Agent, on any single given date, and in no event shall the Company request that more than one Agent sell Shares on the same day; provided however that (i) the foregoing limitation shall not apply to (A) exercise of any option, warrant, right or any conversion privilege set forth in the instruction governing such securities and the issuance of any security pursuant thereto, (B) offers or sales solely to employees, directors or security holders of the Company or its subsidiaries, or to a trustee or other person acquiring such securities for the accounts of such person whether pursuant to any stock option, or benefits plan or other employee compensation plan, stock ownership plan or dividend reinvestment plan or otherwise, (C) offers or sales in a privately negotiated transaction to vendors, customers, strategic partners or potential strategic partners or other investors conducted in a manner so as not to be integrated with the offering of Common Stock hereby; (iv) offers or sales in connection with any acquisition, strategic investment or other similar transaction (including any joint venture, strategic alliance or partnership); and (ii) such limitation shall not apply (A) on any day in respect of which the Company has not made a request for any sales pursuant to this Agreement or (B) during a period in which the Company has otherwise notified the Agents that it will not sell Common Stock under this Agreement and (1) no Placement Notice is pending or (2) after a Placement Notice has been withdrawn. For the avoidance of doubt, no such restriction shall apply to directors, officers or employees of the Company.
Sales Through Agents. With respect to the offering and sale of Placement Shares pursuant to this Agreement, the Company agrees that under no circumstances will it issue a Placement Notice to any Designated Agent in which the selling period under such Placement Notice includes any dates in which a Placement Notice issued to any other Designated Agent is in effect and that any offer to sell Placement Shares, any solicitation of an offer to buy Placement Shares, and any sales of Placement Shares shall only be effected by or through the Designated Agent on any single given day.
Sales Through Agents. The Company agrees that any offer to sell, any solicitation of an offer to buy, or any sales of Common Stock or any other equity security of the Company shall only be effected by or through an Agent, and only a single Agent, on any single given date, and in no event shall the Company request that more than one Agent sell Placement Shares on the same day; provided, however, that (i) the foregoing limitation shall not apply to (A) any sales of Common Stock or any other equity security of the Company upon the exercise of any option, warrant, right or any conversion privilege set forth in the instruction governing such securities or any settlement of a restricted stock unit, (B) sales solely to employees, directors, consultants, service providers or security holders of the Company or its subsidiaries, or to a trustee or other person acquiring such securities for the accounts of such person and (ii) such limitation shall not apply (A) on any day during which no sales are made pursuant to this Agreement or (B) during a period in which the Company has notified the Agents that it will not sell Common Stock under this Agreement and (1) no Placement Notice is pending or (2) after a Placement Notice has been withdrawn.
Sales Through Agents. For all purposes under this Agreement, any sale or application initiated through the Affiliated MP Site or an MP Interactive Site shall be deemed a sale or application submitted through the Affiliated MP Site or such MP Interactive Site regardless of whether or not an agent is used in connection with such sale or application.
Sales Through Agents. The Company agrees that it will only submit a Placement Notice to sell Placement Shares through an Agent, and only a single Agent, on any single given Trading Day, and in no event shall the Company request that more than one Agent sell Placement Shares on the same Trading Day; provided that if: (i) any applicable Agent declines to accept the terms contained in such Placement Notice or fails to sell the entire amount of the Placement Shares to be sold thereunder on any Trading Day; or (ii) the Company suspends or terminates such Placement Notice (in its sole discretion or otherwise in accordance with the terms hereof, for any reason), then in any such case the Company may submit an additional Placement Notice to sell Placement Shares through another Agent on such Trading Day.
Sales Through Agents. With respect to the offering and sale of Placement Units pursuant to this Agreement, the Partnership agrees that any offer to sell Placement Units, any solicitation of an offer to buy Placement Units, and any sales of Placement Units shall only be effected by or through the Designated Agent on any single given day, and the Partnership shall in no event request that more than one Agent offer or sell Placement Units pursuant to this Agreement on the same day.
