Common use of Issuance Notice Clause in Contracts

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales Agent, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 without the prior written consent of Sales Agent, which may be withheld in Sales Agent’s sole discretion and (2) notwithstanding anything in this Agreement to the contrary, Sales Agent shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price of the Issuance Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that the Company may not amend the Issuance Amount if such amended Issuance Amount is less than the Actual Sold Amount as of the date of such amendment.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales Agent, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 without the prior written consent of Sales Agent, which may be withheld in Sales Agent’s sole discretion and (2) notwithstanding anything in this Agreement to the contrary, Sales Agent shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price of the Issuance Common Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that the Company may not amend the Issuance Amount contained in such Issuance Notice if such amended Issuance Amount is would be less than the Actual Sold Amount aggregate Sales Price of all Common Shares sold pursuant to such Issuance Notice as of the date of such amendment.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentBNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1i) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 100,000,000 without the prior written consent of Sales AgentBNYMCM, which may be withheld in Sales AgentBNYMCM’s sole discretion and (2ii) notwithstanding anything in this Agreement to the contrary, Sales Agent BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price of the Issuance Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that the Company may not amend the Issuance Amount if such amended Issuance Amount is less than the Actual Sold Amount as of the date of such amendment.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentBNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1i) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 100,000,000 without the prior written consent of Sales AgentBNYMCM, which may be withheld in Sales AgentBNYMCM’s sole discretion discretion, and (2ii) notwithstanding anything in this Agreement to the contrary, Sales Agent BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price of the Issuance Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under the Sales Agency Agreementsthis Agreement, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that the Company may not amend the Issuance Amount if such amended Issuance Amount is less than the Actual Sold Amount as of the date of such amendment.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentXxxxxx Xxxxxxx, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 without the prior written consent of Sales AgentXxxxxx Xxxxxxx, which may be withheld in Sales Agent’s Xxxxxx Xxxxxxx’x sole discretion and (2) notwithstanding anything in this Agreement to the contrary, Sales Agent Xxxxxx Xxxxxxx shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price of the Issuance Common Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that the Company may not amend the Issuance Amount contained in such Issuance Notice if such amended Issuance Amount is would be less than the Actual Sold Amount aggregate Sales Price of all Common Shares sold pursuant to such Issuance Notice as of the date of such amendment.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentKBCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1i) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 100,000,000 without the prior written consent of Sales AgentKBCM, which may be withheld in Sales AgentKBCM’s sole discretion and (2ii) notwithstanding anything in this Agreement to the contrary, Sales Agent KBCM shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price of the Issuance Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that the Company may not amend the Issuance Amount if such amended Issuance Amount is less than the Actual Sold Amount as of the date of such amendment.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentXxxxxxx Xxxxx, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 without the prior written consent of Sales AgentXxxxxxx Xxxxx, which may be withheld in Sales Agent’s Xxxxxxx Xxxxx’x sole discretion and (2) notwithstanding anything in this Agreement to the contrary, Sales Agent Xxxxxxx Xxxxx shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price of the Issuance Common Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that the Company may not amend the Issuance Amount contained in such Issuance Notice if such amended Issuance Amount is would be less than the Actual Sold Amount aggregate Sales Price of all Common Shares sold pursuant to such Issuance Notice as of the date of such amendment.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentBNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 without the prior written consent of Sales AgentBNYMCM, which may be withheld in Sales AgentBNYMCM’s sole discretion and (2) notwithstanding anything in this Agreement to the contrary, Sales Agent BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price of the Issuance Common Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that the Company may not amend the Issuance Amount contained in such Issuance Notice if such amended Issuance Amount is would be less than the Actual Sold Amount aggregate Sales Price of all Common Shares sold pursuant to such Issuance Notice as of the date of such amendment.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentDeutsche Bank, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 without the prior written consent of Sales AgentDeutsche Bank, which may be withheld in Sales AgentDeutsche Bank’s sole discretion and (2) notwithstanding anything in this Agreement to the contrary, Sales Agent Deutsche Bank shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price of the Issuance Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that the Company may not amend the Issuance Amount if such amended Issuance Amount is less than the Actual Sold Amount as of the date of such amendment.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentBofAML, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 500,000 shares without the prior written consent of Sales AgentBofAML, which may be withheld in Sales AgentBofAML’s sole discretion and (2) notwithstanding anything in this Agreement to the contrary, Sales Agent BofAML shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price number of the Issuance Shares sold pursuant thereto, together with the aggregate Sales Price number of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; providedNotice by notice to the Agent and, howeverif so notified, that the Company may not amend the Issuance Amount if BofAML shall as soon as practicable, modify its offers to sell consistent with any such amended Issuance Amount is less than the Actual Sold Amount as of the date of such amendmentamendment notice.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentBTIG, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 500,000 shares without the prior written consent of Sales AgentBTIG, which may be withheld in Sales AgentBTIG’s sole discretion and (2) notwithstanding anything in this Agreement to the contrary, Sales Agent BTIG shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price number of the Issuance Shares sold pursuant thereto, together with the aggregate Sales Price number of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; providedNotice by notice to the Agent and, howeverif so notified, that the Company may not amend the Issuance Amount if BTIG shall as soon as practicable, modify its offers to sell consistent with any such amended Issuance Amount is less than the Actual Sold Amount as of the date of such amendmentamendment notice.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentBNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 without the prior written consent of Sales AgentBNYMCM, which may be withheld in Sales AgentBNYMCM’s sole discretion and (2) notwithstanding anything in this Agreement to the contrary, Sales Agent BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price of the Issuance Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that the Company may not amend the Issuance Amount if such amended Issuance Amount is less than the Actual Sold Amount as of the date of such amendment.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentBNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 without the prior written consent of Sales AgentBNYMCM, which may be withheld in Sales AgentBNYMCM’s sole discretion and (2) notwithstanding anything in this Agreement to the contrary, Sales Agent BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price of the Issuance Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under the Sales Agency Agreementsthis Agreement, shall exceed the Maximum Program Amount. The Subject to the foregoing, the Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance NoticeNotice and, if so notified, BNYMCM shall, as soon as reasonably practicable, modify its offers to sell consistent with any such amendment notice; provided, however, that the Company may not amend the Issuance Amount if such amended Issuance Amount is less than the aggregate Sales Price of the Actual Sold Amount as of the date time of such amendment.

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to Sales AgentJefferies, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed $150,000,000 500,000 shares without the prior written consent of Sales AgentJefferies, which may be withheld in Sales Agent’s Xxxxxxxxx’x sole discretion and (2) notwithstanding anything in this Agreement to the contrary, Sales Agent Jefferies shall have no further obligations with respect to any Issuance Notice if and to the extent the aggregate Sales Price number of the Issuance Shares sold pursuant thereto, together with the aggregate Sales Price number of the Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; providedNotice by notice to the Agent and, howeverif so notified, that the Company may not amend the Issuance Amount if Jefferies shall as soon as practicable, modify its offers to sell consistent with any such amended Issuance Amount is less than the Actual Sold Amount as of the date of such amendmentamendment notice.