Common use of Floor Price Clause in Contracts

Floor Price. BNYMCM shall not sell Common Shares below the Floor Price during any Selling Period, as such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice to BNYMCM and confirmation to the Company.

Appears in 6 contracts

Samples: Sales Agency Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Corp)

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Floor Price. BNYMCM shall not sell Common Shares below the Floor Price during any the applicable Selling Period, as Period and such Floor Price may be adjusted by the Company at any time during any the applicable Selling Period upon notice to BNYMCM and confirmation by BNYMCM to the Company.

Appears in 4 contracts

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)

Floor Price. BNYMCM shall not sell Common Shares below the Floor Price during any the applicable Selling Period, as Period and such Floor Price may be adjusted by the Company at any time during any the applicable Selling Period upon notice to BNYMCM and confirmation by BNYMCM to the Company.

Appears in 4 contracts

Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp)

Floor Price. BNYMCM BNYCMI shall not sell Common Shares below the Floor Price during any Selling Period, as Period and such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice to BNYMCM BNYCMI and confirmation to the Company.

Appears in 4 contracts

Samples: Standby Equity Distribution Agreement (New Plan Excel Realty Trust Inc), Sales Agency Financing Agreement (Southwest Gas Corp), Sales Agency Financing Agreement (Westar Energy Inc /Ks)

Floor Price. BNYMCM shall not sell Common Shares in an Issuance below the Floor Price then in effect during any the Selling Period, as Period with respect to such Issuance and such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice to BNYMCM (in the manner set forth in paragraph (b) above) and confirmation confirmation, as soon as reasonably practicable, by BNYMCM to the CompanyCompany via facsimile or e-mail delivery.

Appears in 4 contracts

Samples: Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.)

Floor Price. BNYMCM shall not sell Common Shares below the Floor Price during any Selling Period, as and such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice to BNYMCM and confirmation to the Company.

Appears in 4 contracts

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

Floor Price. BNYMCM shall not sell Common Shares below the Floor Price during any Selling Period, as Period and such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice to BNYMCM and confirmation to the Company.

Appears in 3 contracts

Samples: Sales Agency Financing Agreement (Brandywine Operating Partnership Lp /Pa), Sales Agency Financing Agreement (ITC Holdings Corp.), Sales Agency Financing Agreement (Avalonbay Communities Inc)

Floor Price. BNYMCM BNYCMI shall not sell Common Shares below the Floor Price during any Selling Period, as and such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice to BNYMCM BNYCMI and confirmation to the Company.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Southwest Gas Corp), Sales Agency Agreement (Idacorp Inc)

Floor Price. BNYMCM shall not sell Common Issuance Shares below the Floor Price during any the applicable Selling Period, as Period and such Floor Price may be adjusted by the Company at any time during any the applicable Selling Period upon notice to BNYMCM and confirmation by BNYMCM to the Company.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)

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Floor Price. BNYMCM BNYCMI shall not sell Common Shares below the Floor Price during any Selling Period, as and such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice to BNYMCM BNYCMI and confirmation to the Company.

Appears in 2 contracts

Samples: Sales Agency Agreement, Sales Agency Agreement (Avista Corp)

Floor Price. BNYMCM shall not sell Common Shares below the Floor Price during any Selling Period, as and such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice in writing (including by e-mail) or by telephone (confirmed immediately by verifiable facsimile transmission or e-mail) to BNYMCM and confirmation to the CompanyBNYMCM.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Southern Co)

Floor Price. BNYMCM shall not sell Common Shares below the Floor Price during any Selling Period, as and such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice in writing (including by e-mail) or by telephone (confirmed immediately by verifiable facsimile transmission or e-mail) to BNYMCM and confirmation to the Company.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Great Plains Energy Inc)

Floor Price. BNYMCM shall not sell Common Shares below the Floor Price during any Selling Period, as and such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice to BNYMCM and confirmation to the Company. The Company shall not establish any Floor Price, or make any adjustment to any Floor Price, that would not be within the limitations approved by the Board of Directors of the Company.

Appears in 1 contract

Samples: Sales Agency Agreement (Avista Corp)

Floor Price. During a Selling Period, BNYMCM shall not sell Common Shares below the Floor Price during any for such Selling Period, as Period and such Floor Price may be adjusted by the Company at any time during any such Selling Period upon notice to BNYMCM and confirmation to the Company.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Boston Properties Inc)

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