Counsel Letter. The counsel specified in Section 4.09 hereof, or other counsel selected by the Company and reasonably satisfactory to the Sales Agent, shall have furnished to the Sales Agent their written opinion, dated the Closing Date and each applicable date referred to in Section 4.09 hereof that is on or prior to such Issuance Date or Settlement Date, as the case may be, to the effect required by Section 4.09 hereof.
Counsel Letter. The counsel specified in Section 4.07, or other counsel selected by the Company and reasonably satisfactory to BNYCMI, shall have furnished to BNYCMI their written opinions, dated the Closing Date and each applicable date referred to in Section 4.07 hereof that is on or prior to such Issuance Date or Settlement Date, as the case may be, to the effect required by Section 4.07.
Counsel Letter. The counsel specified in Section 4.07, or other counsel selected by the Company and reasonably satisfactory to BNYMCM, shall have furnished to BNYMCM their written opinion required to be delivered pursuant to Section 4.07 on or before the date on which satisfaction of this condition is determined.
Counsel Letter. The counsel specified in Section 4.09 hereof, or other counsel selected by the Company and reasonably satisfactory to the Sales Agent, shall have furnished to the Sales Agent their written opinion and related disclosure letter, dated the Closing Date and the applicable date referred to in Section 4.09 hereof that is on or prior to such Issuance Date or Settlement Date, as the case may be, to the effect required by Section 4.09 hereof. On the Closing Date and on each applicable date referred to in Section 4.09 hereof that is on or prior to such Issuance Date or Settlement Date, the Sales Agent shall have received from Hunton & Xxxxxxxx LLP, counsel for the Sales Agent, their written opinion and related disclosure letter, each dated as of the Closing Date and as of each such date, as applicable, and addressed to the Sale Agent, with respect to such matters as the Sales Agent may reasonably require. The Company shall have furnished to Hunton & Xxxxxxxx LLP, counsel for the Sales Agent, such documents as they request for the purpose of enabling them to pass upon such matters.
Counsel Letter. The counsel specified in Sections 2.02(b)(x) and 4.07, or other counsel selected by the Company and reasonably satisfactory to Xxxxx Fargo, shall have furnished to Xxxxx Fargo their written opinions, dated on or before the date of the first Issuance Notice and each applicable date referred to in Section 4.07 hereof that is on or prior to such Issuance Date or Settlement Date, as the case may be, to the effect required by Section 4.07.
Counsel Letter. Each counsel specified in Section 4.07, or other counsel selected by the Company and reasonably satisfactory to BMOCMC, shall have furnished to BMOCMC their written opinion, dated the Closing Date and each applicable date referred to in Section 4.07 hereof that is on or prior to such Issuance Date or Settlement Date, as the case may be, to the effect required by Section 4.07;
Counsel Letter. A letter of outside counsel (or, at the Company’s election in the case of clauses (ii) and (iii), of the Company’s General Counsel) with respect to the Registration Statement, rendered in form and substance in which “10b-5” letters are typically delivered, shall have been delivered, dated as of the date of delivery, which date shall not be earlier than the later to occur of (i) the effective date of the Registration Statement, (ii) the effective date of any post-effective amendment to the Registration Statement, (iii) the date of filing by the Company subsequent to the effective date of the Registration Statement of an Annual Report on Form 10-K or Quarterly Report on Form 10-Q.
Counsel Letter. If, since the date of the immediately preceding Settlement Date (or, if there has been none, since the Closing Date), the Registration Statement or Prospectus has been amended or supplemented (other than by an Issuance Supplement or, unless reasonably requested by BNYCMI, a Current Report on Form 8-K), including by means of an Annual Report on Form 10-K or a Quarterly Report on Form 10-Q filed with the Commission under the Exchange Act and incorporated or deemed to be incorporated by reference into the Prospectus, the Company shall have furnished or caused to be furnished to BNYCMI a written opinion of Xxxxx & Xxxxxxx L.L.P., counsel for the Company, or other counsel reasonably satisfactory to BNYCMI, dated the date of delivery of such opinion, of the same tenor as the opinion of such counsel referred to in Section 2.02(iii) hereof but modified to relate to the Registration Statement and the Prospectus as amended and supplemented to such date, and provided that in no event shall the opinion specified in paragraph (p) of Exhibit B hereof be required to be delivered if such opinion has been furnished to BNYCMI pursuant to Section 2.02(iv) or this Section 5.01(l) within 90 days prior to the date of the applicable Issuance Notice.
Counsel Letter. The counsel specified in Section 4.09 hereof, or other counsel selected by the Company and reasonably satisfactory to Barclays, shall have furnished to Barclays their written opinion, dated the Closing Date and each applicable date referred to in Section 4.09 hereof that is on or prior to such Issuance Date or Settlement Date, as the case may be, to the effect required by Section 4.09 hereof.
Counsel Letter. The counsel specified in Section 4.07, or other counsel selected by the Company and reasonably satisfactory to BNYMCM, shall have furnished to BNYMCM their written opinion required to be delivered pursuant to Section 4.07 on or before the date on which satisfaction of this condition is determined. Notwithstanding the foregoing, in the event the Issuance Amount with respect to any Issuance Notice exceeds, individually or in the aggregate with all prior Issuance Amounts, the Initial Authorized Amount, then the Company shall be obligated to furnish or cause to be furnished to BNYMCM, on the date of delivery of such Issuance Notice, the written opinion of such counsel to the effect set forth in paragraph 4 of Exhibit B.
