Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock, of the Maximum Amount.
Appears in 26 contracts
Samples: Terms Agreement (Watsco Inc), Terms Agreement (Watsco Inc), Sales Agreement (Indus Realty Trust, Inc.)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of the Maximum Amount.
Appears in 19 contracts
Samples: Common Stock (BRT Apartments Corp.), One Liberty Properties Inc, Preferred Apartment (Preferred Apartment Communities Inc)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of equal to the Maximum Amount.
Appears in 15 contracts
Samples: Equity Distribution Agreement (Essex Portfolio Lp), Terms Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock and/or Series D Preferred Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock and/or Series D Preferred Stock, of the Maximum Amount.
Appears in 8 contracts
Samples: Terms Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Shares.
Appears in 3 contracts
Samples: Underwriting Agreement (Summit Hotel Properties, Inc.), Underwriting Agreement (Summit Hotel Properties, Inc.), Underwriting Agreement (Summit Hotel Properties, Inc.)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of Shares to enable the Maximum AmountCompany to satisfy its obligations under this Agreement and any Forward Contract.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock Shares to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common StockShares, of the Maximum Amount.
Appears in 2 contracts
Samples: Market Issuance Agreement (Taseko Mines LTD), Sales Agreement (Ym Biosciences Inc)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Securities until such time as such shares of Common Stock have been issued or the shares of Series A Preferred Stock have been redeemed.
Appears in 2 contracts
Samples: Underwriting Agreement (Plymouth Industrial REIT Inc.), Underwriting Agreement (Plymouth Industrial REIT Inc.)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock, of equal to the Maximum Amount.
Appears in 2 contracts
Samples: Distribution Agreement (Essex Property Trust Inc), Equity Distribution Agreement (Essex Property Trust Inc)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Preferred Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Preferred Stock, of the Maximum Amount.
Appears in 2 contracts
Samples: Armour Residential REIT, Inc., Armour Residential REIT, Inc.
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of equal to the Maximum AmountAmount minus any Shares already sold hereunder.
Appears in 2 contracts
Samples: Equity Distribution Agreement (DXP Enterprises Inc), Equity Distribution Agreement (DXP Enterprises Inc)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Securities until such time as such shares of Common Stock have been issued or the shares of Series B Preferred Stock have been redeemed.
Appears in 1 contract
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock Shares to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common StockShares, of the Maximum AmountShares.
Appears in 1 contract
Samples: Sales Agreement (Franklin Street Properties Corp /Ma/)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Securities until such time as such shares of Common Stock have been issued or the shares of Series C Preferred Stock have been redeemed.
Appears in 1 contract
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Securities.
Appears in 1 contract
Samples: Underwriting Agreement (Summit Hotel Properties, Inc.)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock, of the Maximum Offering Amount.
Appears in 1 contract
Samples: Equity Distribution Agreement (Supertel Hospitality Inc)
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Securities until such time as such shares of Common Stock have been issued or the shares of Series D Preferred Stock have been redeemed.
Appears in 1 contract
Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock and Series A Preferred Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stockcapital stock, of the Maximum Amountaggregate amount of Common Shares and Preferred Shares issuable under the terms of this Agreement.
Appears in 1 contract
Samples: Armour Residential REIT, Inc.