Common use of CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT Clause in Contracts

CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. Section 5.01 Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of 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 to use its commercially reasonable efforts consistent with its normal trading and sales practices 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 3 contracts

Samples: Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Boston Properties Inc)

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CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. Section 5.01 Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of 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 to use its commercially reasonable efforts consistent with its normal trading and sales practices 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 (Boston Properties Inc)

CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. Section 5.01 Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the 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 the Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell Common place Shares during the applicable Selling Period is subject to the satisfaction, on each Trading Day during the applicable Settlement DateSelling Period, of each of the following conditions:

Appears in 1 contract

Samples: Open Market Sale Agreement (Ener1 Inc)

CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. Section 5.01 Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Common Shares During the Selling Period(s)Shares. 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 the Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell Common place Shares during the LEGAL_US_E # 152868058.8 applicable Selling Period period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable Settlement Dateperiod set forth in the Issuance, of each of the following conditions:

Appears in 1 contract

Samples: Open Market Sale Agreement (Regis Corp)

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CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. Section 5.01 Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of Barclays 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 Issuance Date for such Issuance Notice, and the obligation of to use its commercially reasonable efforts consistent with its normal trading and sales practices Barclays to sell Common Shares during the applicable Selling Period Period(s) is subject to the satisfaction, on the applicable Settlement DateDate(s), of each of the following conditions:

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Southern Co)

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