Common use of Issuance Notice Clause in Contracts

Issuance Notice. Upon the terms and subject to the conditions set forth herein, on any Trading Day during the Agency Period on which the conditions set forth in Sections 5.01 and 5.02 shall have been satisfied, the Company may exercise its right to request an Issuance by the delivering to the Agent an Issuance Notice; provided, however, that (i) in no event may the Company deliver an Issuance Notice to the extent that (I) the sum of (x) the Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances effected pursuant to this Agreement, would exceed the Maximum Program Amount; and (ii) prior to delivery of any Issuance Notice, the Selling Period for any previous Issuance Notice shall have expired or been terminated. An Issuance Notice shall be considered delivered on the Trading Day that it is received by e-mail to the persons identified in Section 8.04 and confirmed by the Company by telephone (including a voicemail message to the persons identified in Section 8.04), with the understanding that, with adequate prior written notice, the Agent may modify the list of such persons from time to time.

Issuance Notice. Upon the terms and subject to the conditions set forth herein, on any Trading Day during the Agency Period on which the conditions set forth in Sections 5.01 and 5.02 Section 5 shall have been satisfied, the Company may exercise its right to request an Issuance issuance of Shares by the delivering to the Agent an Issuance Notice; provided, however, that (iA) in no event may the Company deliver an Issuance Notice to the extent that (I) the sum of (x) the aggregate Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances Issuance Notices effected pursuant to this Agreement, would exceed the Maximum Program Amount; and (iiB) prior to delivery of any Issuance Notice, the Selling Period for any previous Issuance Notice shall have expired or been terminated. An Issuance Notice shall be considered delivered on the Trading Day that it is received by e-mail to the persons so identified in Section 8.04 writing by the Agent and confirmed by the Company by telephone (including a voicemail message to the persons identified in Section 8.04so identified), with the understanding that, with adequate prior written notice, the Agent may modify the list of such persons from time to time.

Issuance Notice. Upon the terms and subject to the conditions set forth herein, on any Trading Day during the Agency Period on which the conditions set forth in Sections 5.01 and 5.02 shall have been satisfied, the Company may exercise its right to request an Issuance by the delivering to the Agent an Issuance Notice; provided, however, that (i) in no event may the Company deliver an Issuance Notice to the extent that (I) the sum of (x) the aggregate Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances effected pursuant to this Agreement, would exceed the Maximum Program Amount; and (ii) prior to delivery of any Issuance Notice, the Selling Period for any previous Issuance Notice shall have expired or been terminated. An Issuance Notice shall be considered delivered on the Trading Day that it is received by e-mail to the persons so identified in Section 8.04 writing by the Agent and confirmed by the Company by telephone (including a voicemail message to the persons identified in Section 8.04so identified), with the understanding that, with adequate prior written notice, the Agent may modify the list of such persons from time to time.

Issuance Notice. Upon the terms and subject to the conditions set forth herein, on any Trading Day during the Agency Period on which the conditions set forth in Sections 5.01 and 5.02 Section 5 shall have been satisfied, the Company may exercise its right to request an Issuance issuance of Shares by the delivering to the Agent an Issuance Notice; provided, however, that (iA) in no event may the Company deliver an Issuance Notice to the extent that (I) the sum of (x) the aggregate Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances Issuance Notices effected pursuant to this Agreement, would exceed the Maximum Program Amount; and (iiB) prior to delivery of any Issuance Notice, the Selling Period for any previous Issuance Notice shall have expired or been terminated. An Issuance Notice shall be considered delivered on the Trading Day that it is received by e-mail to the persons identified set forth in Section 8.04 Exhibit B hereto and confirmed by the Company by telephone (including a voicemail message to the persons identified in Section 8.04so identified), with the understanding that, with adequate prior written notice, the Agent may modify the list of such persons from time to time.

Issuance Notice. Upon the terms and subject to the conditions set forth herein, on any Trading Day during the Agency Period on which the conditions set forth in Sections 5.01 and 5.02 Section 5 shall have been satisfied, the Company may exercise its right to request an Issuance issuance of Shares by the delivering to the Agent an Issuance Notice; provided, however, that (iA) in no event may the Company deliver an Issuance Notice to the extent that (I) the sum of (x) the aggregate Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances Issuance Notices effected pursuant to this Agreement, would exceed the Maximum Program Amount; and (iiB) prior to delivery of any Issuance Notice, the Selling Period period set forth for any previous Issuance Notice shall have expired or been terminated. An Issuance Notice shall be considered delivered on the Trading Day that it is received by e-mail to the persons identified set forth in Section 8.04 Exhibit B hereto and confirmed by the Company by telephone (including a voicemail message to the persons identified in Section 8.04so identified), with the understanding that, with adequate prior written notice, the Agent may modify the list of such persons from time to time.

Issuance Notice. Upon the terms and subject to the conditions set forth herein, on any Trading Day during the Agency Period on which the conditions set forth in Sections 5.01 and 5.02 Section 5 shall have been satisfied, the Company may exercise its right to request an Issuance issuance of Shares by the delivering to the Agent an Issuance Notice; provided, however, that (iA) in no event may the Company deliver an Issuance Notice to the extent that (I) the sum of (x) the aggregate Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances Issuance Notices effected pursuant to this Agreement, would exceed the Maximum Program Amount; and (iiB) prior to delivery of any Issuance Notice, the Selling Period period set forth for any previous Issuance Notice shall have expired or been terminated. An Issuance Notice shall be considered delivered on the Trading Day that it is received by e-e mail to the persons identified set forth in Section 8.04 Exhibit B hereto and confirmed by the Company by telephone (including a voicemail message to the persons identified in Section 8.04so identified), with the understanding that, with adequate prior written notice, the Agent may modify the list of such persons from time to time.

Issuance Notice. Upon the terms and subject to the conditions set forth herein, on any Trading Day during the Agency Period on which the conditions set forth in Sections 5.01 and 5.02 Section 5 shall have been satisfiedsatisfied and the Company wishes to issue and sell Shares hereunder, the Company may exercise its right deliver to request an Issuance by the delivering to the Agent an Issuance NoticeNotice describing the proposed issuance and sale of Shares to be made solely on a securities exchange or other trading market in the United States; provided, however, that (iA) in no event may DB1/ 93123888.10 the Company deliver an Issuance Notice to the extent that (I) the sum of (x) the aggregate Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances Issuance Notices effected pursuant to this Agreement, would exceed the Maximum Program Amount; and (iiB) prior to delivery of any Issuance Notice, the Selling Period for any previous Issuance Notice shall have expired or been terminated. An Issuance Notice shall be considered delivered on the Trading Day that it is received by e-mail to the persons so identified in Section 8.04 writing by the applicable Agent and confirmed by the Company by telephone (including a voicemail message to the persons identified in Section 8.04so identified), with the understanding that, with adequate prior written notice, the such Agent may modify the list of such persons from time to time.

Issuance Notice. Upon the terms and subject to the conditions set forth herein, on any Trading Day during the Agency Period on which the conditions set forth in Sections 5.01 and 5.02 shall have been satisfied, the Company may exercise its right to request an Issuance by the delivering to the Agent an Issuance Notice; provided, however, that (i) in no event may the Company deliver an Issuance Notice to the extent that (I) the sum of (x) the Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances effected pursuant to this Agreement, would exceed the Maximum Program Amount; and (ii) prior to delivery of any Issuance Notice, the Selling Period for any previous Issuance Notice shall have expired or been terminated. An Issuance Notice shall be considered delivered on the Trading Day that it is received by e-mail email to the persons identified in Section 8.04 and confirmed by the Company by telephone (including a voicemail message to the persons identified in Section 8.04), with the understanding that, with adequate prior written notice, the Agent may modify the list of such persons from time to time.