Issuances. Upon the terms and subject to the conditions set forth herein, on any Trading Day as provided in Section 2.03(b) hereof during the Commitment Period on which the conditions set forth in Section 5.01 and 5.02 hereof have been satisfied, EQR may exercise an Issuance by the delivery of an Issuance Notice, executed by the Chief Executive Officer, the President, the Chief Financial Officer, the Senior Vice President-Finance or the Treasurer of EQR, to Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx shall use its commercially reasonable efforts to sell pursuant to such Issuance a number of Program Shares equal to the Issuance Amount. Each Issuance will be settled on the applicable Settlement Date following the Issuance Date.
Appears in 4 contracts
Samples: Sales Agency Financing Agreement, Sales Agency Financing Agreement (Erp Operating LTD Partnership), Sales Agency Financing Agreement (Erp Operating LTD Partnership)
Issuances. Upon the terms and subject to the conditions set forth herein, on any Trading Day as provided in Section 2.03(b) hereof during the Commitment Period on which the conditions set forth in Section 5.01 and 5.02 hereof have been satisfied, EQR may exercise an Issuance by the delivery of an Issuance Notice, executed by the Chief Executive Officer, the President, the Chief Financial Officer, the Senior Vice President-Finance or the Treasurer of EQR, to Xxxxxx XxxxxxxXxxxxxx Xxxxx. Xxxxxx Xxxxxxx Xxxxx shall use its commercially reasonable efforts to sell pursuant to such Issuance a number of Program Shares equal to the Issuance Amount. Each Issuance will be settled on the applicable Settlement Date following the Issuance Date.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement (Erp Operating LTD Partnership), Sales Agency Financing Agreement (Erp Operating LTD Partnership), Sales Agency Financing Agreement (Equity Residential)
Issuances. Upon the terms and subject to the conditions set forth herein, on any Trading Day as provided in Section 2.03(b) hereof during the Commitment Period on which the conditions set forth in Section 5.01 and 5.02 hereof have been satisfied, EQR may exercise an Issuance by the delivery of an Issuance Notice, executed by the Chief Executive Officer, the President, the Chief Financial Officer, the Senior Vice President-Finance or the Treasurer of EQR, to Xxxxxx XxxxxxxBNYMCM. Xxxxxx Xxxxxxx BNYMCM shall use its commercially reasonable efforts to sell pursuant to such Issuance a number of Program Shares equal to the Issuance Amount. Each Issuance will be settled on the applicable Settlement Date following the Issuance Date.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (Erp Operating LTD Partnership), Sales Agency Financing Agreement (Erp Operating LTD Partnership)