Floor Price. Neither BNYMCM nor the Forward Seller shall sell Issuance Shares or Forward Hedge Shares, as the case may be, below the Floor Price during the applicable Selling Period, and, subject to clause (iii) of the proviso to the last sentence of Section 2.3(a), such Floor Price may be adjusted by the Company at any time during the applicable Selling Period upon notice to BNYMCM or the Forward Seller and confirmation by BNYMCM or the Forward Seller to the Company.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)
Floor Price. Neither BNYMCM nor the Forward Seller shall sell Issuance Shares or Forward Hedge Shares, as the case may be, below the Floor Price during the applicable any Selling Period, and, subject to clause (iii) of the proviso to the last sentence of Section 2.3(a), such . The Floor Price specified in any Transaction Notice may be adjusted by the Company at any time during the applicable any Selling Period upon notice to BNYMCM or the Forward Seller and confirmation by BNYMCM or the Forward Seller to the Company.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement, Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Westar Energy Inc /Ks)
