Board Authorization. Prior to delivering notice of the proposed terms of an Agency Transaction or a Principal Transaction pursuant to Section 1 (or at such time as otherwise agreed between the Company and the Agents), the Company shall, if applicable, have (i) obtained from its board of directors or a duly authorized subcommittee thereof all necessary corporate authority for the sale of the Shares pursuant to the relevant Agency Transaction or Principal Transaction, as the case may be, and (ii) provided to each Agent a copy of the relevant board resolutions or other authority. In lieu of delivering such resolutions for dates subsequent to the commencement of the offering of the Shares under this Agreement, the Company may deliver an officer’s certificate indicating that any such previously-delivered board resolutions or authority remain in full force and effect.
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Samples: Atm Equity Offering Sales Agreement (Coeur Mining, Inc.), Atm Equity Offering Sales Agreement (Coeur Mining, Inc.), Atm Equity Offering Sales Agreement (Coeur Mining, Inc.)
Board Authorization. Prior to delivering notice of the proposed terms of an Agency Transaction or a Principal Transaction pursuant to Section 1 (or at such time as otherwise agreed between the Company and the Agents), the Company shall, if applicable, have (i) obtained from its board of directors or a duly authorized subcommittee thereof all necessary corporate authority for the sale of the Shares pursuant to the relevant Agency Transaction or Principal Transaction, as the case may be, and (ii) provided to each Agent the Agents a copy of the relevant board resolutions or other authority. In lieu of delivering such resolutions for dates subsequent to the commencement of the offering of the Shares under this Agreement, the Company may deliver an officer’s certificate indicating that any such previously-delivered board resolutions or authority remain in full force and effect.
Appears in 2 contracts
Samples: Equity Distribution Agreement (McEwen Mining Inc.), Equity Distribution Agreement (Coeur Mining, Inc.)
Board Authorization. Prior to delivering notice of the proposed terms of an Agency Transaction or a Principal Transaction pursuant to Section 1 (or at such time as otherwise agreed between the Company and the AgentsCitigroup), the Company shall, if applicable, have (i) obtained from its board of directors or a duly authorized subcommittee thereof all necessary corporate authority for the sale of the Shares pursuant to the relevant Agency Transaction or Principal Transaction, as the case may be, and (ii) provided to each Agent Citigroup a copy of the relevant board resolutions or other authority. In lieu of delivering such resolutions for dates subsequent to the commencement of the offering of the Shares under this Agreement, the Company may deliver an officer’s certificate indicating that any such previously-delivered board resolutions or authority remain in full force and effect.
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Board Authorization. Prior to delivering notice of the proposed terms of an Agency Transaction or a Principal Transaction pursuant to Section 1 (or at such time as otherwise agreed between the Company and the AgentsBMOCM), the Company shall, if applicable, have (i) obtained from its board of directors or a duly authorized subcommittee thereof all necessary corporate authority for the sale of the Shares pursuant to the relevant Agency Transaction or Principal Transaction, as the case may be, and (ii) provided to each Agent BMOCM a copy of the relevant board resolutions or other authority. In lieu of delivering such resolutions for dates subsequent to the commencement of the offering of the Shares under this Agreement, the Company may deliver an officer’s certificate indicating that any such previously-delivered board resolutions or authority remain in full force and effect.
Appears in 1 contract
Board Authorization. Prior to delivering notice of the proposed terms of an Agency Transaction or a Principal Transaction pursuant to Section 1 (or at such time as otherwise agreed between the Company and the AgentsBMOCM), the Company shall, if applicable, have (i) obtained from its board of directors or a duly authorized subcommittee thereof all necessary corporate authority for the sale of the Shares pursuant to the relevant Agency Transaction or Principal Transaction, as the case may be, and (ii) provided to each Agent BMOCM a copy of the relevant board resolutions or other authority. In lieu of delivering such resolutions for dates subsequent to the commencement of the offering of the Shares under this Agreement, the Company may deliver an officer’s certificate indicating that any such previously-previously delivered board resolutions or authority remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (DXP Enterprises Inc)
Board Authorization. Prior to delivering notice of the proposed terms of an Agency Transaction or a Principal Transaction pursuant to Section 1 (or at such time as otherwise agreed between the Company and the AgentsBMOCM), the Company shall, if applicable, shall have (i) obtained from its board of directors or a duly authorized subcommittee thereof all necessary corporate authority for the sale of the Class A Common Shares pursuant to the relevant Agency Transaction or Principal Transaction, as the case may be, and (ii) provided to each Agent BMOCM a copy of the relevant board resolutions or other authority. In lieu of delivering such resolutions for dates subsequent to the commencement of the offering of the Class A Common Shares under this Agreement, the Company may deliver an officer’s certificate indicating that any such previously-previously delivered board resolutions or authority remain in full force and effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Designer Brands Inc.)