Common use of Issuance Notice Clause in Contracts

Issuance Notice. On any Trading Day during the Commitment Period, EQR may deliver an Issuance Notice to Xxxxxx Xxxxxxx, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that notwithstanding anything in this Agreement to the contrary, (1) Xxxxxx Xxxxxxx shall not be obligated to sell on any Trading Day a number of Issuance Shares in excess of 25% of the Average Daily Trading Volume of Common Shares on the Principal Exchange without the prior written consent of Xxxxxx Xxxxxxx, which may be withheld in Xxxxxx Xxxxxxx’x sole discretion, and (2) Xxxxxx Xxxxxxx shall have no further obligations with respect to any Issuance Notice if and to the extent the number of the Issuance Shares sold pursuant thereto, together with the aggregate number of the Program Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. EQR shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that EQR 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, EQR may deliver an Issuance Notice to Xxxxxx XxxxxxxXxxxxxx Xxxxx, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that notwithstanding anything in this Agreement to the contrary, (1) Xxxxxx Xxxxxxx Xxxxx shall not be obligated to sell on any Trading Day a number of Issuance Shares in excess of 25% of the Average Daily Trading Volume of Common Shares on the Principal Exchange without the prior written consent of Xxxxxx XxxxxxxXxxxxxx Xxxxx, which may be withheld in Xxxxxx Xxxxxxx’x Xxxxxxx Xxxxx’x sole discretion, and (2) Xxxxxx Xxxxxxx Xxxxx shall have no further obligations with respect to any Issuance Notice if and to the extent the number of the Issuance Shares sold pursuant thereto, together with the aggregate number of the Program Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. EQR shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that EQR 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, EQR may deliver an Issuance Notice to Xxxxxx XxxxxxxJPMorgan, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that notwithstanding anything in this Agreement to the contrary, (1) Xxxxxx Xxxxxxx JPMorgan shall not be obligated to sell on any Trading Day a number of Issuance Shares in excess of 25% of the Average Daily Trading Volume of Common Shares on the Principal Exchange without the prior written consent of Xxxxxx XxxxxxxJPMorgan, which may be withheld in Xxxxxx Xxxxxxx’x JPMorgan’s sole discretion, and (2) Xxxxxx Xxxxxxx JPMorgan shall have no further obligations with respect to any Issuance Notice if and to the extent the number of the Issuance Shares sold pursuant thereto, together with the aggregate number of the Program Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. EQR shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that EQR 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, EQR may deliver an Issuance Notice to Xxxxxx XxxxxxxBNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that notwithstanding anything in this Agreement to the contrary, (1) Xxxxxx Xxxxxxx BNYMCM shall not be obligated to sell on any Trading Day a number of Issuance Shares in excess of 25% of the Average Daily Trading Volume of Common Shares on the Principal Exchange without the prior written consent of Xxxxxx XxxxxxxBNYMCM, which may be withheld in Xxxxxx Xxxxxxx’x BNYMCM’s sole discretion, and (2) Xxxxxx Xxxxxxx BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the number of the Issuance Shares sold pursuant thereto, together with the aggregate number of the Program Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. EQR shall have the right, in its sole discretion, to amend at any time and from time to time any Issuance Notice; provided, however, that EQR 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 after the April 2011 10-Q Filing Date during the Commitment Period, EQR the Company may deliver an Issuance Notice to Xxxxxx XxxxxxxBNYMCM, 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 BNYMCM, which may be withheld in BNYMCM’s sole discretion and (2) notwithstanding anything in this Agreement to the contrary, (1) Xxxxxx Xxxxxxx shall not be obligated to sell on any Trading Day a number of Issuance Shares in excess of 25% of the Average Daily Trading Volume of Common Shares on the Principal Exchange without the prior written consent of Xxxxxx Xxxxxxx, which may be withheld in Xxxxxx Xxxxxxx’x sole discretion, and (2) Xxxxxx Xxxxxxx BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the number aggregate Sales Price of the Issuance Shares sold pursuant thereto, together with the aggregate number Sales Price of the Program Common Shares previously sold under the Sales Agency Agreementsthis Agreement, shall exceed the Maximum Program Amount. EQR 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 EQR 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, EQR the Company may deliver an Issuance Notice to Xxxxxx XxxxxxxXxxxxxx 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 Xxxxxxx Xxxxx, which may be withheld in Xxxxxxx Xxxxx’x sole discretion and (2) notwithstanding anything in this Agreement to the contrary, (1) Xxxxxx Xxxxxxx shall not be obligated to sell on any Trading Day a number of Issuance Shares in excess of 25% of the Average Daily Trading Volume of Common Shares on the Principal Exchange without the prior written consent of Xxxxxx Xxxxxxx, which may be withheld in Xxxxxx Xxxxxxx’x sole discretion, and (2) Xxxxxx Xxxxxxx Xxxxx shall have no further obligations with respect to any Issuance Notice if and to the extent the number aggregate Sales Price of the Issuance Shares sold pursuant thereto, together with the aggregate number Sales Price of the Program Common Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. EQR 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 EQR 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.