Common use of Limitations on Offering Size Clause in Contracts

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc)

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Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Designated Distribution Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Designated Distribution Agent in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 3 contracts

Samples: Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) together with all the sales under this Agreement and the Alternative Distribution Agreements, the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Citigroup in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Citigroup in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described referred to in Section 1 of this AgreementAgreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) together with all the sales under this Agreement and the Alternative Distribution Agreement, the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Xxxxx Fargo in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Xxxxx Fargo in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described referred to in Section 1 of this Agreement and the Alternative Distribution Agreement, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) together with all the sales under this Agreement and the Alternative Distribution Agreement, the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Xxxxxxx Xxxxx in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Xxxxxxx Xxxxx in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described referred to in Section 1 of this Agreement and the Alternative Distribution Agreement, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)

Limitations on Offering Size. Under no circumstances The Company shall the Company not cause or request the offer or sale of any SecuritiesSecurities if, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements Agreement would exceed the lesser of (Ai) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (Bii) the amount authorized from time to time to be issued and sold by the Company under this Agreement and all the Alternative Distribution Agreements Agreement by the Company’s board of directors and notified to the Manager Sales Agent in writingwriting (such lesser amount, the “Maximum Amount”). Under no circumstances The Company shall the Company not cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company Company’s board of directors and notified to the Manager Sales Agent in writing. Further, under no circumstances shall the aggregate offering price amount of Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, Agreement exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SecuritiesSecurities if, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agents in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Xxxxx Fargo in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Xxxxx Fargo in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described referred to in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company Company’s Board of Directors or a duly authorized committee thereof and notified to the Manager Agents in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement, and (BC) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager an Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager an Agent in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (American States Water Co), Equity Distribution Agreement (Astronics Corp)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold by the Company under this Agreement and all the Alternative Distribution Agreements and notified to the Manager Jefferies in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Jefferies in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Sovran Self Storage Inc), Equity Distribution Agreement (Sovran Self Storage Inc)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) together with all sales of Securities under this Agreement and the Alternative Distribution Agreement, the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement, and (BC) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager KeyBanc in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager KeyBanc in writing. Further, under no circumstances shall the The aggregate offering price of the Securities that may be sold pursuant to this Agreement and all the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, Agreement shall not exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Lexington Realty Trust), Equity Distribution Agreement (Lexington Realty Trust)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Xxxxxxx Xxxxx in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Xxxxxxx Xxxxx in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (LaSalle Hotel Properties), Equity Distribution Agreement (LaSalle Hotel Properties)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) together with all the sales under this Agreement and the Alternative Distribution Agreements, the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Xxxxx Fargo in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Xxxxx Fargo in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described referred to in Section 1 of this AgreementAgreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty Investment Trust)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SecuritiesShares, if after giving effect to the sale of such SecuritiesShares, the aggregate offering price of the Securities Shares sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) together with all sales of Shares under this Agreement, the Maximum Amount and Amount, (B) the amount available for offer and sale under the currently effective Registration Statement, (C) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agents in writing. Further, under no circumstances shall the aggregate offering price of Securities Shares sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Saratoga Investment Corp.), Equity Distribution Agreement (Saratoga Investment Corp.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agent in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreementhereof, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Park Ohio Holdings Corp), Equity Distribution Agreement (Olympic Steel Inc)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) together with all sales of Securities under the Alternative Equity Distribution Agreements, the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold by the Company under this Agreement and all the Alternative Equity Distribution Agreements and notified to the Manager in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Xxxxx Fargo Securities in writing. Further, under Under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all the Alternative Equity Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this AgreementAgreement and the Alternative Equity Distribution Agreements, exceed the Maximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.), Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SecuritiesShares, if after giving effect to the sale of such SecuritiesShares, the aggregate offering price of the Securities Shares sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement, and (BC) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Rxxx in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Rxxx in writing. Further, under no circumstances shall the aggregate offering price of Securities Shares sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (xG TECHNOLOGY, INC.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold by the Company under this Agreement and all the Alternative Distribution Agreements and notified to the Manager HSBC in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager HSBC in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sovran Self Storage Inc)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager [ ] in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager [ ] in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Geo Group Inc)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price number of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement, and (BC) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agents in writing. Further, under no circumstances shall the aggregate offering price number of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Westrock Coffee Co)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agents in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (WGL Holdings Inc)

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Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement, and (BC) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Designated Manager in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Designated Manager in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Cree, Inc.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount Amount, and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Xxxxx Fargo Securities in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Xxxxx Fargo Securities in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sovran Self Storage Inc)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and Amount, (B) the amount available for offer and sale under the currently effective Registration Statement, (C) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Managers in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Managers in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Archrock, Inc.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SecuritiesShares, if after giving effect to the sale of such SecuritiesShares, the aggregate offering price of the Securities Shares sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement, and (BC) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Evercore in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Evercore in writing. Further, under no circumstances shall the aggregate offering price of Securities Shares sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Ion Geophysical Corp)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold by the Company under this Agreement and all the Alternative Distribution Agreements and notified to the Manager SunTrust in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager SunTrust in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sovran Self Storage Inc)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and Amount, (B) the amount available for offer and sale under the currently effective Registration Statement, (C) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agents in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (KKR Real Estate Finance Trust Inc.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold by the Company under this Agreement and all the Alternative Distribution Agreements and notified to the Manager BB&T in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager BB&T in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sovran Self Storage Inc)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agent in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Distribution Agreement (DMC Global Inc.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold by the Company under this Agreement and all the Alternative Distribution Agreements and notified to the Manager Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agent in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Life Storage Lp)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SecuritiesNotes, if after giving effect to the sale of such SecuritiesNotes, the aggregate offering price of the Securities Notes sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) together with all sales of Notes under this Agreement, the Maximum Amount and Amount, (B) the amount available for offer and sale under the currently effective Registration Statement, (C) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Ladenburg in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities Notes pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Ladenburg in writing. Further, under no circumstances shall the aggregate offering price of Securities Notes sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Debt Distribution Agreement (Saratoga Investment Corp.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) 1.%2.%3.%4.%5. together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount Amount, 2.%2.%3.%4.%5. the amount available for offer and (B) sale under the currently effective Registration Statement, and 3.%2.%3.%4.%5. the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Sales Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Sales Agent in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this AgreementAgreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Gramercy Property Trust)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agents in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.)

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Securities, if after giving effect to the sale of such Securities, the aggregate offering price of the Securities sold pursuant to this Agreement and all Alternative Distribution Agreements would exceed the lesser of (A) the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company under this Agreement and all Alternative Distribution Agreements and notified to the Manager Agents in writing, including by email. Under no circumstances shall the Company cause or request the offer or sale of any Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agents in writing, including by email. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and all Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Condor Hospitality Trust, Inc.)

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