Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Notice.
Appears in 51 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Placement Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticeherein.
Appears in 32 contracts
Samples: Equity Distribution Agreement (Zevra Therapeutics, Inc.), Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (ACRES Commercial Realty Corp.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through by (1) the Sales Agent or the Forward Seller on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through or the Alternative Distribution Agreements Forward Sellers on the terms and subject to the conditions set forth therein in the Alternative Distribution Agreements or any Placement Notice.
Appears in 26 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent or the Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 20 contracts
Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Placement Agent or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 15 contracts
Samples: Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Xxxxx Fargo Securities on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 10 contracts
Samples: Equity Distribution Agreement (Core Laboratories N V), Equity Distribution Agreement (Digimarc CORP), Equity Distribution Agreement (Digimarc CORP)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Xxxxxxx Xxxxx on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (LaSalle Hotel Properties)
Automatic Termination. Unless earlier terminated pursuant to this Section 1311, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 8 contracts
Samples: Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticeherein.
Appears in 7 contracts
Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein or in the Alternative Distribution Agreements, as applicable, with an aggregate sale price Sales Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Alpine Income Property Trust, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (Alpine Income Property Trust, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Xxxxx Fargo on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount Maximum Amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount Maximum Amount, or upon three years having elapsed since the Registration Statement was declared effective, as set forth in Section 1 of this Agreement or (2) Rule 415 under the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeSecurities Act.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein or the Alternative Distribution Agreements, as applicable, with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the earlier to occur of (i) the issuance and sale of all of the Placement Securities through (1) the Sales Agent or the Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement Maximum Amount or (2ii) three years having elapsed since the Alternative Sales Agents through Registration Statement became effective pursuant to Rule 462(e) under the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeSecurities Act.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein or the Alternative Distribution Agreements, as applicable, with an aggregate sale price Sale Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Xxxxxxx Xxxxx on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount Maximum Amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Core Laboratories N V), Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp)
Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) or to the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticeherein.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Cocrystal Pharma, Inc.), Equity Distribution Agreement (ONCOSEC MEDICAL Inc), Equity Distribution Agreement (Castle Brands Inc)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Xxxxxxx Xxxxx on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)
Automatic Termination. Unless earlier terminated pursuant to this Section 1314, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Oxford Square Capital Corp.), Equity Distribution Agreement (Saratoga Investment Corp.), Equity Distribution Agreement (Oxford Lane Capital Corp.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager on the terms and subject to the conditions set forth herein with an aggregate sale price, together with the aggregate sale price of shares of Common Stock sold under the Alternative Distribution Agreements, equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) by the Sales Agent Agents and the Forward Sellers on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount Maximum Amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty Investment Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 3 contracts
Samples: Equity Distribution Agreement (American States Water Co), Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (TCP Capital Corp.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent UBS Securities on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.), Equity Distribution Agreement (Golub Capital BDC, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Managers on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Wolfspeed, Inc.), Equity Distribution Agreement (Cree, Inc.), Equity Distribution Agreement (Archrock, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Xxxxxxx Xxxxx on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 3 contracts
Samples: Equity Distribution Agreement (LaSalle Hotel Properties), Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticehereof.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Park Ohio Holdings Corp), Equity Distribution Agreement (Olympic Steel Inc)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent or the Alternative Agents on the terms and subject to the conditions set forth herein or the Alternative Distribution Agreements, as applicable, with an aggregate sale price Sale Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 2 contracts
Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAuthorized Aggregate Gross Sale Price.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Portland General Electric Co /Or/), Equity Distribution Agreement (Portland General Electric Co /Or/)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 2 contracts
Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Baird or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) BNYMCM and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust), Equity Distribution Agreement (Washington Real Estate Investment Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 1311, this Agreement shall automatically terminate upon the earlier of (i) the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or and (2ii) twenty-four (24) months from the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticedate hereof.
Appears in 2 contracts
Samples: Debt Distribution Agreement (Capital Southwest Corp), Debt Distribution Agreement (Hercules Capital, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities Shares through (1) the Sales Agent Agents and/or Forward Sellers on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Distribution Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 2 contracts
Samples: Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities Shares through (1) the Sales Agent Manager on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticeherein.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Harvest Capital Credit Corp), Equity Distribution Agreement (Harvest Capital Credit Corp)
Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all the Maximum Amount of the Placement Securities through (1) the Sales Placement Agent and the Alternative Placement Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth and in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Northstar Realty Finance Corp.), Equity Distribution Agreement (Northstar Realty Finance Corp.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxxxxxxx Securities or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Placement Agent or the Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Jefferies or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Regency Centers Lp), Equity Distribution Agreement (American Assets Trust, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent [ ] on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 2 contracts
Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 1314, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject with an aggregate Sales Price equal to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 2 contracts
Samples: Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.), Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 1314, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein or the Alternative Distribution Agreements, as applicable, with an aggregate sale price Sales Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 2 contracts
Samples: Equity Distribution Agreement (NexPoint Residential Trust, Inc.), Equity Distribution Agreement (NexPoint Residential Trust, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) BMO Capital Markets or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)
Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1i) the Sales Placement Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2ii) the Alternative Sales Agents Agent through the Alternative Distribution Agreements Other Sales Agreement on the terms and subject to the conditions set forth therein or any Placement Noticetherein.
Appears in 2 contracts
Samples: Sales Agreement (Impac Mortgage Holdings Inc), Equity Distribution Agreement (Impac Mortgage Holdings Inc)
Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Barclays and issuance and sale of Securities through the Sales Agent Alternative Manager pursuant to the Alternative Equity Distribution Agreement on the terms and subject to the conditions set forth herein and therein with an aggregate sale sales price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Notice1.
Appears in 2 contracts
Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)
Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Newtek Business Services Corp.), Equity Distribution Agreement (Hercules Technology Growth Capital Inc)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) SunTrust and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Placement Agents on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Capital One Securities and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) BTIG and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 1. of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Distribution Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 1 contract
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents and/or Forward Sellers on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) X.X. Xxxxxx Securities and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Xxxxx Xxxxxxx on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Sovran Self Storage Inc)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale sales price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
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Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 0 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Notice.
Appears in 1 contract
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 1 contract
Samples: Equity Distribution Agreement (Jernigan Capital, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance offering and sale of all of the Placement Securities to or through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 1 contract
Samples: Equity Distribution Agreement (National Health Investors Inc)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through pursuant to this Agreement and the Alternative Distribution Agreements (1including any separate underwriting or similar agreement covering principal transactions described in Section 1 and Section 2 of this Agreement and the Alternative Distribution Agreements) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 1 contract
Samples: Equity Distribution Agreement (Urban Edge Properties)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Xxxxxxx Xxxxx on the terms and subject to the conditions set forth herein that, together with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through sales under the Alternative Distribution Agreements on Agreements, equal the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 1 contract
Samples: Equity Distribution Agreement (Aimco Properties Lp)
Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein or in the Alternative Distribution Agreements, as applicable, with an aggregate sale price Sales Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 1 contract
Samples: Equity Distribution Agreement (CTO Realty Growth, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxxxx Xxxxx or the Sales Alternative Placement Agent on the terms and subject to the conditions set forth herein and in the Alternative Placement Agreement with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 1313, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxxxx Xxxxx and/or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the collective issuance and sale of all of the Placement Securities having an aggregate sale price equal to the Maximum Amount through (1) 2.%2.%3. the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth or in Section 1 of this Agreement any Placement Notice or (2) 3.%2.%3. the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or in any Placement Notice.
Appears in 1 contract
Samples: Equity Distribution Agreement (Gramercy Property Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxxxx Sachs and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Barclays Capital or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Hudson Pacific Properties, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Placement Agent on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) DBSI and issuance and sale of Securities through the Sales Agent Alternative Manager pursuant to the Alternative Equity Distribution Agreement on the terms and subject to the conditions set forth herein and therein with an aggregate sale sales price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Notice1.
Appears in 1 contract
Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents or other financial institutions on the terms and subject to the conditions set forth herein or in the Alternative Distribution Agreements with such other institutions with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement Maximum Amount or upon three (23) years having elapsed since the Alternative Sales Agents through Registration Statement became effective pursuant to Rule 462(e) under the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeSecurities Act.
Appears in 1 contract
Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)
Automatic Termination. Unless earlier terminated pursuant to this Section 13Section, this Agreement agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Placement Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticeherein.
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Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Placement Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticeherein.
Appears in 1 contract
Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent or the Alternative Agents on the terms and subject to the conditions set forth herein or the Alternative Distribution Agreements, as applicable, with an aggregate sale price Aggregate Sales Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 1 contract
Samples: Equity Distribution Agreement (STAG Industrial, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price, together with the aggregate sale price of all LP Units sold under the Alternative Distribution Agreements, equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Buckeye Partners, L.P.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Mxxxxxx Lxxxx on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Glimcher Realty Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) RBC and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 1313, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) X.X. Xxxxxx Securities and/or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent SunTrust on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Sovran Self Storage Inc)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent SunTrust Xxxxxxxx Xxxxxxxx on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Sovran Self Storage Inc)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Xxxxxxx Xxxxx on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Glimcher Realty Trust)
Automatic Termination. Unless earlier terminated pursuant to this Section 13. , this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities Shares through (1) the Sales Agent Agents and/or Forward Sellers on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 1. of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent RBC on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 1 contract
Samples: Equity Distribution Agreement (STAG Industrial, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the earlier to occur of (i) the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement Maximum Amount or (2ii) three years having elapsed since the Alternative Sales Agents through Registration Statement became effective pursuant to Rule 462(e) under the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeSecurities Act.
Appears in 1 contract
Samples: Equity Distribution Agreement (Extra Space Storage Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) RBC or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (American Assets Trust, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale sales price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 1 contract
Samples: Equity Distribution Agreement (Hawaiian Electric Co Inc)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent [ ] on the terms and subject to the conditions set forth herein with an aggregate sale price, together with the aggregate sale price of shares of Common Stock sold under the Alternative Distribution Agreements, equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the collective issuance and sale of all of the Placement Securities having an aggregate sale price equal to the Maximum Amount through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth or in Section 1 of this Agreement any Placement Notice or (2) the Alternative Sales Agents Managers through the Alternative alternative Distribution Agreements on the terms and subject to the conditions set forth therein or in any Placement Notice.
Appears in 1 contract
Samples: Equity Distribution Agreement (Gramercy Property Trust Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxxxx Xxxxx or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Hudson Pacific Properties, Inc.)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.
Appears in 1 contract
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent BB&T on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Sovran Self Storage Inc)
Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the earlier to occur of (i) the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents and/or Forward Purchasers on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement Maximum Amount or (2ii) three years having elapsed since the Alternative Sales Agents through Registration Statement became effective pursuant to Rule 462(e) under the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeSecurities Act.
Appears in 1 contract
Samples: Equity Distribution Agreement (Extra Space Storage LP)