Common use of Issuance Clause in Contracts

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent and Sales Agent shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent will be successful in selling Issuance Shares and (ii) Sales Agent will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales the Agent and Sales the Agent shall use its commercially reasonable efforts to sell up to 16,000,000 Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales the Agent will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales The Agent will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales The Agent may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales the Agent will be successful in selling Issuance Shares and (ii) Sales the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales the Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales the Agent will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company EQR may issue Common Program Shares through Sales Agent Xxxxxx Xxxxxxx and Sales Agent Xxxxxx Xxxxxxx shall use its commercially reasonable efforts to sell Common Program Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company EQR in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Program Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Xxxxxx Xxxxxxx will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Xxxxxx Xxxxxxx will provide written confirmation to the Company EQR no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company EQR in respect thereof. Sales Agent Xxxxxx Xxxxxxx may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company Each of the Transaction Entities acknowledges and agrees that (i) there can be no assurance that Sales Agent Xxxxxx Xxxxxxx will be successful in selling Issuance Shares and (ii) Sales Agent Xxxxxx Xxxxxxx will incur no liability or obligation to the Company Transaction Entities or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Xxxxxx Xxxxxxx to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent Xxxxxx Xxxxxxx will be acting as agent for the Company EQR and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company EQR may issue Common Program Shares through Sales Agent JPMorgan and Sales Agent JPMorgan shall use its commercially reasonable efforts to sell Common Program Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company EQR in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Program Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent JPMorgan will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent JPMorgan will provide written confirmation to the Company EQR no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company EQR in respect thereof. Sales Agent JPMorgan may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company Each of the Transaction Entities acknowledges and agrees that (i) there can be no assurance that Sales Agent JPMorgan will be successful in selling Issuance Shares and (ii) Sales Agent JPMorgan will incur no liability or obligation to the Company Transaction Entities or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent JPMorgan to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent JPMorgan will be acting as agent for the Company EQR and not as principal.

Issuance. (a) 1. Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales the Agent and Sales the Agent shall use its commercially reasonable efforts to sell up to 16,000,000 Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales the Agent will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales The Agent will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales The Agent may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales the Agent will be successful in selling Issuance Shares and (ii) Sales the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales the Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales the Agent will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company EQR may issue Common Program Shares through Sales Agent Xxxxxxx Xxxxx and Sales Agent Xxxxxxx Xxxxx shall use its commercially reasonable efforts to sell Common Program Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company EQR in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Program Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Xxxxxxx Xxxxx will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Xxxxxxx Xxxxx will provide written confirmation to the Company EQR no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company EQR in respect thereof. Sales Agent Xxxxxxx Xxxxx may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company Each of the Transaction Entities acknowledges and agrees that (i) there can be no assurance that Sales Agent Xxxxxxx Xxxxx will be successful in selling Issuance Shares and (ii) Sales Agent Xxxxxxx Xxxxx will incur no liability or obligation to the Company Transaction Entities or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Xxxxxxx Xxxxx to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent Xxxxxxx Xxxxx will be acting as agent for the Company EQR and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue sell Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount Issuance Amount specified into the Principal Marketin such Issuance Notice, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales the Covered Agent and Sales the Covered Agent shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price gross sales price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales the Covered Agent will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales The Covered Agent will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales The Covered Agent may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales the Covered Agent will be successful in selling Issuance Shares and (ii) Sales the Covered Agent will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales the Covered Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales the Covered Agent will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver deliver, during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminatedPeriod. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein). The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Xxxxxx Xxxxxxx and Sales Agent Xxxxxx Xxxxxxx shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the sales pursuant to such Issuance Shares described therein has Notice have been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Xxxxxx Xxxxxxx will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Common Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Xxxxxx Xxxxxxx will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Common Shares hereunder setting forth the portion number of the Actual Sold Amount for Common Shares sold on such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent Xxxxxx Xxxxxxx may sell Issuance Common Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Xxxxxx Xxxxxxx will be successful in selling Issuance Common Shares and (ii) Sales Agent Xxxxxx Xxxxxxx will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Common Shares for any reason other than a failure by Sales Agent Xxxxxx Xxxxxxx to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Common Shares as required under this Section 2.01. In acting hereunder, Sales Agent Xxxxxx Xxxxxxx will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent KBCM and Sales Agent KBCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver deliver, during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent KBCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent KBCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent KBCM may sell Issuance Shares in the manner described in Section 2.01(b) herein). The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent KBCM will be successful in selling Issuance Shares and (ii) Sales Agent KBCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent KBCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent KBCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver deliver, during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein). The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYCMI and Sales Agent BNYCMI shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled suspended or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYCMI will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYCMI will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYCMI may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYCMI will be successful in selling Issuance Shares and (ii) Sales Agent BNYCMI will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYCMI to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYCMI will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent and Sales Agent shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the sales pursuant to such Issuance Shares described therein has Notice have been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Common Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Common Shares hereunder setting forth the portion number of the Actual Sold Amount for Common Shares sold on such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent may sell Issuance Common Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent will be successful in selling Issuance Common Shares and (ii) Sales Agent will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Common Shares for any reason other than a failure by Sales Agent to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Common Shares as required under this Section 2.01. In acting hereunder, Sales Agent will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company EQR may issue Common Program Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Program Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company EQR in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Program Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company EQR no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company EQR in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company Each of the Transaction Entities acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company Transaction Entities or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company EQR and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount Issuance Amount specified into the Principal Marketin such Issuance Notice, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue sell Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company Company, in its sole discretion discretion, shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount Issuance Amount specified into the Principal Marketin such Issuance Notice, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue sell Common Shares through Sales Agent Xxxxx Fargo and Sales Agent Well Fargo shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company Company, in its sole discretion discretion, shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Xxxxx Fargo will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount Issuance Amount specified into in such Issuance Notice on the Principal MarketMarket (or, in Xxxxx Fargo’s sole discretion, any other exchange on which the Common Stock is then listed or admitted for trading or to or through a market maker or through an electronic communications network), and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Xxxxx Fargo will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price or Prices and the Issuance Price or Prices payable to the Company in respect thereof. Sales Agent Xxxxx Fargo may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Xxxxx Fargo will be successful in selling Issuance Shares and (ii) Sales Agent Xxxxx Fargo will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Xxxxx Fargo to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent Xxxxx Fargo will be acting as agent for the Company and not as principal.

Issuance. Section 2.02 (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue sell Common Shares through Sales Agent BNYCMI and Sales Agent BNYCMI shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYCMI will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount Issuance Amount specified into the Principal Marketin such Issuance Notice, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYCMI will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYCMI may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYCMI will be successful in selling Issuance Shares and (ii) Sales Agent BNYCMI will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYCMI to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYCMI will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell up to 15,000,000 Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Xxxxx and Sales Agent Xxxxx shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Baird will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Baird will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent Baird may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Baird will be successful in selling Issuance Shares and (ii) Sales Agent Baird will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Baird to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent Baird will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue sell Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company Company, in its sole discretion discretion, shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Common Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Common Shares up to the amount Issuance Amount specified into the Principal Marketin such Issuance Notice, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Common Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Common Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Common Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Common Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Common Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Xxxxxxx Xxxxx and Sales Agent Xxxxxxx Xxxxx shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the sales pursuant to such Issuance Shares described therein has Notice have been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Xxxxxxx Xxxxx will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Common Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Xxxxxxx Xxxxx will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Common Shares hereunder setting forth the portion number of the Actual Sold Amount for Common Shares sold on such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent Xxxxxxx Xxxxx may sell Issuance Common Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Xxxxxxx Xxxxx will be successful in selling Issuance Common Shares and (ii) Sales Agent Xxxxxxx Xxxxx will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Common Shares for any reason other than a failure by Sales Agent Xxxxxxx Xxxxx to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Common Shares as required under this Section 2.01. In acting hereunder, Sales Agent Xxxxxxx Xxxxx will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under this Agreement and the Alternative Sales Agency Agreements Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion number of Issuance Shares sold on the Actual Sold Amount for such preceding Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) hereinhereof. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Xxxxxxx Xxxxx and Sales Agent Xxxxxxx Xxxxx shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Xxxxxxx Xxxxx will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Xxxxxxx Xxxxx will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent may Xxxxxxx Xxxxx xxx sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Xxxxxxx Xxxxx will be successful in selling Issuance Shares and (ii) Sales Agent Xxxxxxx Xxxxx will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Xxxxxxx Xxxxx to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent Xxxxxxx Xxxxx will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue sell Common Shares through the Sales Agent Agents and the Sales Agent Agents shall use its their commercially reasonable efforts efforts, consistent with their normal trading and sales practices, to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company Company, in its sole discretion discretion, shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance NoticeNotice and confirmation through an Acceptance, and unless the sale of the Issuance Common Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, each Sales Agent will use its commercially reasonable efforts efforts, consistent with its normal trading and sales practices to sell such Issuance Common Shares up to the amount Issuance Amount specified into the Principal Marketin such Issuance Notice and as confirmed in an Acceptance, and otherwise in accordance with the terms of such Issuance NoticeNotice and related Acceptance. Each Sales Agent will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Common Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. The Sales Agent Agents may sell Issuance Common Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that the Sales Agent Agents will be successful in selling Issuance Common Shares and (ii) the Sales Agent Agents will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Common Shares for any reason other than a failure by such Sales Agent to use its commercially reasonable efforts efforts, consistent with its normal trading and sales practices to sell such Issuance Common Shares as required under this Section 2.01. In acting hereunder, the Sales Agent Agents will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the sales pursuant to such Issuance Shares described therein has Notice have been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Common Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Common Shares hereunder setting forth the portion number of the Actual Sold Amount for Common Shares sold on such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Common Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Common Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Common Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Common Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program AmountAmount less any amounts sold pursuant to the Alternative Agreement, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period (but only after the April 2012 10-Q Filing Date and the satisfaction of the required deliverables and other conditions) until the aggregate Sales Price (as such term is defined in the applicable Sales Agency Agreement) of the Common Shares Stock sold under this Agreement and the Sales Agency Agreements Alternative Agreement, taken together, equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount Issuance Amount specified into the Principal Marketin such Issuance Notice, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Deutsche Bank and Sales Agent Deutsche Bank shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Deutsche Bank will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Deutsche Bank will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent Deutsche Bank may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Deutsche Bank will be successful in selling Issuance Shares and (ii) Sales Agent Deutsche Bank will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Deutsche Bank to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent Deutsche Bank will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Amended and Restated Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent WFS and Sales Agent WFS shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent WFS will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent WFS will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent WFS may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent WFS will be successful in selling Issuance Shares and (ii) Sales Agent WFS will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent WFS to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent WFS will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, 10,000,000 Common Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent DBSI and Sales Agent DBSI shall use its commercially reasonable efforts to sell up to 15,000,000 Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent DBSI will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent DBSI will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent DBSI may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent DBSI will be successful in selling Issuance Shares and (ii) Sales Agent DBSI will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent DBSI to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent DBSI will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYCMI and Sales Agent BNYCMI shall use its commercially reasonable efforts to sell distribute Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company Company, in its sole discretion discretion, shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold distributed under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYCMI will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal MarketMarket (or, in BNYCMI’s sole discretion, any other exchange on which the Common Stock is then listed or admitted to trading), and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYCMI will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYCMI may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYCMI will be successful in selling Issuance Shares and (ii) Sales Agent BNYCMI will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYCMI to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYCMI will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BTIG and Sales Agent BTIG shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BTIG will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BTIG will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BTIG may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BTIG will be successful in selling Issuance Shares and (ii) Sales Agent BTIG will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BTIG to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent BTIG will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Xxxxxxx Xxxxx and Sales Agent Xxxxxxx Xxxxx shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, 10,000,000 Common Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Xxxxxxx Xxxxx will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Xxxxxxx Xxxxx will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent may Xxxxxxx Xxxxx xxx sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Xxxxxxx Xxxxx will be successful in selling Issuance Shares and (ii) Sales Agent Xxxxxxx Xxxxx will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Xxxxxxx Xxxxx to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent Xxxxxxx Xxxxx will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYCMI and Sales Agent BNYCMI shall use its commercially reasonable efforts to sell distribute Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company Company, in its sole discretion discretion, shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold distributed under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYCMI will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount Issuance Amount specified into in such Issuance Notice (or, in BNYCMI’s sole discretion, any other exchange on which the Principal MarketCommon Stock is then listed or admitted for trading), and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYCMI will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYCMI may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYCMI will be successful in selling Issuance Shares and (ii) Sales Agent BNYCMI will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYCMI to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYCMI will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period (but only after the April 2011 10-Q Filing Date and the satisfaction of the required deliverables and other conditions) until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount Issuance Amount specified into the Principal Marketin such Issuance Notice, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Xxxxxxx Xxxxx and Sales Agent Xxxxxxx Xxxxx shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Xxxxxxx Xxxxx will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified ins such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Xxxxxxx Xxxxx will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent may Xxxxxxx Xxxxx xxx sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Xxxxxxx Xxxxx will be successful in selling Issuance Shares and (ii) Sales Agent Xxxxxxx Xxxxx will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Xxxxxxx Xxxxx to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent Xxxxxxx Xxxxx will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Xxxxxxx Xxxxx and Sales Agent Xxxxxxx Xxxxx shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Xxxxxxx Xxxxx will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Xxxxxxx Xxxxx will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent Xxxxxxx Xxxxx may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Xxxxxxx Xxxxx will be successful in selling Issuance Shares and (ii) Sales Agent Xxxxxxx Xxxxx will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Xxxxxxx Xxxxx to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent Xxxxxxx Xxxxx will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BofAML and Sales Agent BofAML shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, 10,000,000 Common Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BofAML will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BofAML will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BofAML may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BofAML will be successful in selling Issuance Shares and (ii) Sales Agent BofAML will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BofAML to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent BofAML will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Xxxxxxx Xxxxx and Sales Agent Xxxxxxx Xxxxx shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, 10,000,000 Common Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Xxxxxxx Xxxxx will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Xxxxxxx Xxxxx will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent Xxxxxxx Xxxxx may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Xxxxxxx Xxxxx will be successful in selling Issuance Shares and (ii) Sales Agent Xxxxxxx Xxxxx will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Xxxxxxx Xxxxx to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent Xxxxxxx Xxxxx will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company EQR may issue Common Program Shares through Sales Agent Scotiabank and Sales Agent Scotiabank shall use its commercially reasonable efforts to sell Common Program Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company EQR in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Program Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Scotiabank will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Scotiabank will provide written confirmation to the Company EQR no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company EQR in respect thereof. Sales Agent Scotiabank may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company Each of the Transaction Entities acknowledges and agrees that (i) there can be no assurance that Sales Agent Scotiabank will be successful in selling Issuance Shares and (ii) Sales Agent Scotiabank will incur no liability or obligation to the Company Transaction Entities or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Scotiabank to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent Scotiabank will be acting as agent for the Company EQR and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYCMI, and Sales Agent BNYCMI shall use its commercially reasonable efforts to sell distribute Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices Issuances as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price of the Common Shares sold distributed under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYCMI will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYCMI will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price Day and the Issuance Price payable to the Company in respect thereof. Sales Agent may BNYCMI shall sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYCMI will be successful in selling Issuance Shares and (ii) Sales Agent BNYCMI will incur no liability or obligation to the Company or any other Person person or entity if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYCMI to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.012.01 in the manner contemplated by paragraph (b) hereof. In acting hereunder, Sales Agent BNYCMI will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion discrection shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Citi and Sales Agent Citi shall use its commercially reasonable efforts to sell up to 15,000,000 Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Citi will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Citi will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent Citi may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Citi will be successful in selling Issuance Shares and (ii) Sales Agent Citi will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Citi to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent Citi will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent SCUSA and Sales Agent SCUSA shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program AmountAmount less any amounts sold pursuant to the Alternative Agreement, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period (but only after the April 2012 10-Q Filing Date and the satisfaction of the required deliverables and other conditions) until the aggregate Sales Price (as such term is defined in the applicable Sales Agency Agreement) of the Common Shares Stock sold under this Agreement and the Sales Agency Agreements Alternative Agreement, taken together, equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent SCUSA will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount Issuance Amount specified into the Principal Marketin such Issuance Notice, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent SCUSA will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent SCUSA may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent SCUSA will be successful in selling Issuance Shares and (ii) Sales Agent SCUSA will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent SCUSA to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent SCUSA will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue and the Selling Shareholders may sell Common Shares through Sales Agent BNYCMI and Sales Agent BNYCMI shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price or number, as the case may be, of up to the applicable Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion and the Selling Shareholders shall choose to deliver during the Commitment Period until the aggregate Sales Price or number, as the case may be, of the Common Shares sold under the Sales Agency Agreements this Agreement equals the applicable Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance NoticeNotice in accordance with the terms of this Agreement, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYCMI will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in the Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYCMI will provide written confirmation to the Company and/or the Selling Shareholders no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company and/or the Selling Shareholders in respect thereof. Sales Agent BNYCMI may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees the Selling Shareholders acknowledge and agree that (i) there can be no assurance that Sales Agent BNYCMI will be successful in selling Issuance Shares and (ii) Sales Agent BNYCMI will incur no liability or obligation to the Company Company, the Selling Shareholders or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYCMI to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent BNYCMI will be acting as agent for the Company and/or the Selling Shareholders and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Jefferies and Sales Agent Jefferies shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, 10,000,000 Common Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Jefferies will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Jefferies will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent Jefferies may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Jefferies will be successful in selling Issuance Shares and (ii) Sales Agent Jefferies will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Jefferies to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent Jefferies will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent BNYMCM and Sales Agent BNYMCM shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, 10,000,000 Common Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent BNYMCM will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent BNYMCM will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent BNYMCM may sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent BNYMCM will be successful in selling Issuance Shares and (ii) Sales Agent BNYMCM will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent BNYMCM to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent BNYMCM will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Barclays and Sales Agent Barclays shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under this Agreement and the Alternative Sales Agency Agreements Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Barclays will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Barclays will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion number of Issuance Shares sold on the Actual Sold Amount for such preceding Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent Barclays may sell Issuance Shares in the manner described in Section 2.01(b) hereinhereof. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Barclays will be successful in selling Issuance Shares and (ii) Sales Agent Barclays will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Barclays to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under this Section 2.01. In acting hereunder, Sales Agent Barclays will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue Common Shares through Sales Agent Xxxxxxx Xxxxx and Sales Agent Xxxxxxx Xxxxx shall use its commercially reasonable efforts to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, 10,000,000 Common Shares based on and in accordance with such number of Issuance Notices as the Company in its sole discretion shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance Notice, and unless the sale of the Issuance Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, Sales Agent Xxxxxxx Xxxxx will use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares up to the amount specified in such Issuance Notice into the Principal Market, and otherwise in accordance with the terms of such Issuance Notice. Sales Agent Xxxxxxx Xxxxx will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. Sales Agent may Xxxxxxx Xxxxx xxx sell Issuance Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that Sales Agent Xxxxxxx Xxxxx will be successful in selling Issuance Shares and (ii) Sales Agent Xxxxxxx Xxxxx will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Shares for any reason other than a failure by Sales Agent Xxxxxxx Xxxxx to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell such Issuance Shares as required under in accordance with this Section 2.01. In acting hereunder, Sales Agent Xxxxxxx Xxxxx will be acting as agent for the Company and not as principal.

Issuance. (a) Upon the terms and subject to the conditions of this Agreement, the Company may issue sell Common Shares through the Sales Agent Agents and the Sales Agent Agents shall use its their commercially reasonable efforts efforts, consistent with their normal trading and sales practices, to sell Common Shares, with an aggregate Sales Price of up to the Maximum Program Amount, based on and in accordance with such number of Issuance Notices as the Company Company, in its sole discretion discretion, shall choose to deliver during the Commitment Period until the aggregate Sales Price number of the Common Shares sold under the Sales Agency Agreements this Agreement equals the Maximum Program Amount or this Agreement is otherwise terminated. Subject to the foregoing and the other terms and conditions of this Agreement, upon the delivery of an Issuance NoticeNotice and confirmation through an Acceptance, and unless the sale of the Issuance Common Shares described therein has been suspended, cancelled or otherwise terminated in accordance with the terms of this Agreement, each Sales Agent will use its commercially reasonable efforts efforts, consistent with its normal trading and sales practices, consistent with its normal trading and sales practices to sell such Issuance Common Shares up to the amount Issuance Amount specified into the Principal Marketin such Issuance Notice and as confirmed in an Acceptance, and otherwise in accordance with the terms of such Issuance NoticeNotice and related Acceptance. Each Sales Agent will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has made sales of Issuance Common Shares hereunder setting forth the portion of the Actual Sold Amount for such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof. The Sales Agent Agents may sell Issuance Common Shares in the manner described in Section 2.01(b) herein. The Company acknowledges and agrees that (i) there can be no assurance that the Sales Agent Agents will be successful in selling Issuance Common Shares and (ii) the Sales Agent Agents will incur no liability or obligation to the Company or any other Person if it does not sell Issuance Common Shares for any reason other than a failure by such Sales Agent to use its commercially reasonable efforts efforts, consistent with its normal trading and sales practices, consistent with its normal trading and sales practices to sell such Issuance Common Shares as required under this Section 2.01. In acting hereunder, the Sales Agent Agents will be acting as agent for the Company and not as principal.