Conditions Precedent to the Right. of the Company to Deliver an Issuance Notice and the Obligation of Sales Agent to Sell Common Shares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of Sales Agent to sell Common Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Settlement Date, of each of the following conditions:
Appears in 5 contracts
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)
Conditions Precedent to the Right. of the Company to Deliver an Issuance Notice and the Obligation of Sales Agent Xxxxxxx Xxxxx to Sell Common Shares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of Sales Agent Xxxxxxx Xxxxx to sell Common Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Settlement Date, of each of the following conditions:
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc)