Examples of Sales Agent in a sentence
The Company shall promptly notify the Sales Agent if it no longer meets the requirements set forth in Section (d) of Rule 102.
In lieu of such opinions for subsequent periodic filings, in the discretion of the Sales Agent, the Company may furnish a reliance letter from such counsel to the Sales Agent, permitting the Sales Agent to rely on a previously delivered opinion letter, modified as appropriate for any passage of time or Triggering Event Date (except that statements in such prior opinion shall be deemed to relate to the Registration Statement and the Prospectus as amended or supplemented as of such Triggering Event Date).
The term “successors” shall not include any purchaser of the Shares as such from the Sales Agent merely by reason of such purchase.
If the limitations of Rule 102 of Regulation M (“Rule 102”) do not apply with respect to the Shares or any other reference security pursuant to any exception set forth in Section (d) of Rule 102, then promptly upon notice from the Sales Agent (or, if later, at the time stated in the notice), the Company will, and shall cause each of its affiliates to, comply with Rule 102 as though such exception were not available but the other provisions of Rule 102 (as interpreted by the Commission) did apply.
By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Chief Executive Officer, President and Chief Investment Officer The foregoing Agreement is hereby confirmed and accepted by the Sales Agent in New York, New York as of the date first above written.