Common use of Delivery of Registration Statement and Prospectus Clause in Contracts

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller, the Forward Purchaser, and their respective counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent, the Forward Seller or the Forward Purchaser may from time to time reasonably request. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent, the Forward Seller and the Forward Purchaser will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 25 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

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Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller, the Forward Purchaser, Agent and their respective its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent, the Forward Seller or the Forward Purchaser Agent may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent, the Forward Seller and the Forward Purchaser Agent will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 10 contracts

Samples: Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller, the Forward Purchaser, Agent and their respective its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, Prospectuses that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Securities Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent, the Forward Seller or the Forward Purchaser Agent may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent, the Forward Seller and the Forward Purchaser Agent will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales AgentManager, the Forward Seller, the Forward Purchaser, Purchaser and their respective counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein)Act, in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales AgentManager, the Forward Seller or the Forward Purchaser may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Manager, the Forward Seller and the Forward Purchaser to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent, the Forward Seller and the Forward Purchaser Manager will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Alpine Income Property Trust, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.)

Delivery of Registration Statement and Prospectus. The Company Company, upon request, will furnish to the Sales Agent, the Forward Seller, the Forward Purchaser, Xxxxx and their respective its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, Prospectuses that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities 1933 Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent, the Forward Seller or the Forward Purchaser Xxxxx may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to Xxxxx to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent, the Forward Seller and the Forward Purchaser Xxxxx will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Farmland Partners Inc.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller, the Forward Purchaser, Agents and their respective counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities Act (including all other than any documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent, the Forward Seller or the Forward Purchaser Agents may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any documents (other than the Prospectus) to the Agents to the extent such document is available on EXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent, the Forward Seller and the Forward Purchaser Agents will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Sales Agreement (Lexington Realty Trust)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales AgentAgents, the Forward Seller, the Purchasers and Forward Purchaser, Sellers and their respective counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Securities Placement Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales AgentAgents, the Forward Seller or Purchasers and the Forward Purchaser Sellers may from time to time reasonably request. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales AgentAgents, the Forward Seller Purchasers and the Forward Purchaser Sellers will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Elme Communities)

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Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller, the Forward Purchaser, and their respective counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent, the Forward Seller or the Forward Purchaser may from time to time reasonably request. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent, the Forward Seller and the Forward Purchaser will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Delivery of Registration Statement and Prospectus. The Company Company, upon request, will furnish to the Sales Agent, the Forward Seller, the Forward Purchaser, Cantor and their respective its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, Prospectuses that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities 1933 Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent, the Forward Seller or the Forward Purchaser Cantor may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to Cantor to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent, the Forward Seller and the Forward Purchaser Cantor will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Farmland Partners Inc.)

Delivery of Registration Statement and Prospectus. The Company Company, upon request, will furnish to the Sales Agent, the Forward Seller, the Forward Purchaser, Stifel and their respective its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, Prospectuses that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Placement Securities is required to be delivered under the Securities 1933 Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent, the Forward Seller or the Forward Purchaser Stifel may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to Stifel to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent, the Forward Seller and the Forward Purchaser Stifel will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Farmland Partners Inc.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales AgentManager, the Forward Seller, the Forward Purchaser, Purchaser and their respective counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses, that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein)Act, in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales AgentManager, the Forward Seller or the Forward Purchaser may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Manager, the Forward Seller and the Forward Purchaser to the extent such document is available on EXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent, the Forward Seller and the Forward Purchaser Manager will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Alpine Income Property Trust, Inc.)

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