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 BNYMCM, 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 $40,000,000 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, 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 this Agreement, shall exceed the Maximum Program Amount.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

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Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCMBNYCMI, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02Section 5.01; 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 $40,000,000 50,000,000 without the prior written consent of BNYMCMBNYCMI, which may be withheld in BNYMCMBNYCMI’s sole discretion discretion, and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM BNYCMI 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 this Agreement, shall exceed the Maximum Program Amount.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Westar Energy Inc /Ks)

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCMBNYCMI, 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 $40,000,000 500,000 Shares without the prior written consent of BNYMCMBNYCMI, which may be withheld in BNYMCMBNYCMI’s sole discretion discretion, and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM BNYCMI 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 to be sold pursuant thereto, together with the aggregate Sales Price number of the Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 2 contracts

Samples: Sales Agency Agreement, Sales Agency Agreement (Avista Corp)

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCM, 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 $40,000,000 50,000,000 without the prior written consent of BNYMCM, which may be withheld in BNYMCM’s 's sole discretion and (2) notwithstanding anything in this Agreement to the contrary, 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 this Agreement, shall exceed the Maximum Program Amount.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCM, 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 $40,000,000 50,000,000 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, 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 this Agreement, shall exceed the Maximum Program Amount.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

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Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCM, subject to the satisfaction of the conditions set forth in Sections Section 5.01 and Section 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 $40,000,000 without the prior written consent of BNYMCM, which may be withheld in BNYMCM’s sole discretion discretion, and (2ii) notwithstanding anything in this Agreement to the contrary, 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 this Agreement, shall exceed the Maximum Program Amount.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (ITC Holdings Corp.)

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCMBNYCMI, 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 $40,000,000 10,000,000 without the prior written consent of BNYMCMBNYCMI, which may be withheld in BNYMCM’s its sole discretion and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM BNYCMI shall have no further obligations with respect to any Issuance Notice if and to the extent that the aggregate Sales Price of the Issuance Shares sold pursuant thereto, together with the aggregate Sales Price of the Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 1 contract

Samples: Standby Equity Distribution Agreement (New Plan Excel Realty Trust Inc)

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCMBNYCMI, 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 $40,000,000 500,000 Common Shares without the prior written consent of BNYMCMBNYCMI, which may be withheld in BNYMCM’s BNYCMI's sole discretion discretion, and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM BNYCMI 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 to be sold pursuant thereto, together with the aggregate Sales Price number of the Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 1 contract

Samples: Sales Agency Agreement (Idacorp Inc)

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