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 would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of 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 and notified to 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 Xxxxxxx Xxxxx in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreements, exceed the Maximum Amount.

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 number of Securities or the aggregate offering price of the Securities Securities, as the case may be, sold pursuant to this Agreement would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of the Alternative Distribution AgreementsAgreement, the Maximum Amount and (B) the amount or number of Securities authorized from time to time to be issued and sold under this Agreement by the Company and notified to Xxxxxxx Xxxxx MLV 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 Xxxxxxx Xxxxx MLV in writing. Further, under no circumstances shall the aggregate offering price number of Securities sold pursuant to this Agreement and the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreementsof this Agreement, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of 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 and notified to Xxxxxxx 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 Xxxxxxx Xxxxx Fargo in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreements, exceed the Maximum Amount.

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 the Alternative Distribution Agreements would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount and (B) the amount authorized from time to time to be issued and sold by the Company under this Agreement by and the Company Alternative Distribution Agreements and notified to Xxxxxxx 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 Xxxxxxx Xxxxx Fargo Securities in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreementsof this Agreement, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of the Alternative 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 under this Agreement by the Company and notified to Xxxxxxx 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 Xxxxxxx Xxxxx Fargo Securities in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreementsof this Agreement, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all the sales of Securities under this Agreement and each of the Alternative Distribution AgreementsAgreement, the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to Xxxxxxx 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 Xxxxxxx Xxxxx Fargo in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and 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 AgreementsAgreement, exceed the Maximum Amount.

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 sales price of the Securities sold pursuant to this Agreement and the Alternative Equity Distribution Agreement would exceed the lesser least of (A) together with all sales of Securities under this Agreement and each of the Alternative 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 under this Agreement and the Alternative Equity Distribution Agreement by the Company and notified to Xxxxxxx Xxxxx Barclays 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 Xxxxxxx Xxxxx Barclays in writing. Further, under no circumstances shall the aggregate offering sales price of Securities sold pursuant to this Agreement and the Alternative Equity Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreements1, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of the Alternative 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 under this Agreement by the Company and notified to Xxxxxxx 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 any minimum price authorized from time to time by the Company and notified to Xxxxxxx Xxxxx Fargo Securities in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreementsof this Agreement, exceed the Maximum Amount.

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

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 would exceed the lesser of (A) together with all the sales of Securities under this Agreement and each of the Alternative Distribution AgreementsAgreement, the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to 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 Xxxxxxx Xxxxx in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and 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 AgreementsAgreement, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all the sales of Securities under this Agreement and each of 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 and notified to 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 Xxxxxxx Xxxxx in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described referred to in Section 1 of this Agreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of 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 and notified to 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 Xxxxxxx Xxxxx in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all sales of Securities the Authorized Aggregate Gross Sales Price, (B) the amount available for offer and sale under this Agreement and each of the Alternative Distribution Agreementscurrently effective Registration Statement, the Maximum Amount and (BC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to Xxxxxxx Xxxxx the Agents and the Forward Sellers 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 Xxxxxxx Xxxxx the Agents and the Forward Sellers in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreementsof this Agreement, exceed the Maximum AmountAuthorized Aggregate Gross Sales Price.

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 would exceed the lesser of (A) together with all the sales of Securities under this Agreement and each of 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 and notified to Xxxxxxx Xxxxx 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 Xxxxxxx Xxxxx Citigroup in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described referred to in Section 1 of this Agreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of the Alternative Distribution AgreementsAgreement, 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 and notified to Xxxxxxx Xxxxx JonesTrading 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 Xxxxxxx Xxxxx JonesTrading in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreementsof this Agreement, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SecuritiesShares if, if after giving effect to the sale of such SecuritiesShares, the aggregate offering price Sales Price of the Securities Shares sold pursuant to this Agreement would exceed the lesser least of (A) together with all sales of Securities under this Agreement and each of the Alternative 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 under this Agreement by the Company and notified to Xxxxxxx Xxxxx an Agent or a Forward Seller, as applicable, 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 Xxxxxxx Xxxxx an Agent or a Forward Seller, as applicable, in writing. Further, under no circumstances shall the aggregate offering price Sales Price of Securities Shares sold pursuant to this Agreement and the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreements1, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all the sales of Securities under this Agreement and each of 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 and notified to Xxxxxxx 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 Xxxxxxx Xxxxx Fargo in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described referred to in Section 1 of this Agreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of the Alternative 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 under this Agreement by the Company and notified to Xxxxxxx Xxxxx Wxxxx 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 Xxxxxxx Xxxxx Wxxxx Fargo Securities in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreementsof this Agreement, exceed the Maximum Amount.

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 the Alternative Distribution Agreements would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount and (B) the amount authorized from time to time to be issued and sold by the Company under this Agreement by and the Company Alternative Distribution Agreements and notified to Xxxxxxx Xxxxx SunTrust Xxxxxxxx Xxxxxxxx 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 Xxxxxxx Xxxxx SunTrust Xxxxxxxx Xxxxxxxx in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreementsof this Agreement, exceed the Maximum Amount.

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 sales price of the Securities sold pursuant to this Agreement would exceed the lesser least of (A) together with all sales of Securities under this Agreement and each of the Alternative 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 under this Agreement by the Company and notified to Xxxxxxx Xxxxx Wxxxx 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 Xxxxxxx Xxxxx Wxxxx Fargo Securities in writing. Further, under no circumstances shall the aggregate offering sales price of Securities sold pursuant to this Agreement and the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreements1, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, 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 and notified to Xxxxxxx Xxxxx Fargo Securities in writingwriting and (D) the number of Common Shares that remain available for issuance under the authorized share capital (maatschappelijk kapitaal) of the Company or otherwise reserved from the Company’s authorized share capital. 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 Xxxxxxx Xxxxx Fargo Securities in writingwriting and under no circumstances shall the Net Proceeds be the lesser of the aggregate nominal value of the Placement Shares. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreementsof this Agreement, exceed the Maximum Amount.

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 the Alternative Distribution Agreements would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount and (B) the amount authorized from time to time to be issued and sold by the Company under this Agreement by and the Company Alternative Distribution Agreements and notified to Xxxxx 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 Xxxxx Xxxxxxx Xxxxx in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 and the Alternative Distribution Agreementsof this Agreement, exceed the Maximum Amount.

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 would exceed the lesser of (A) together with all sales of Securities under this Agreement and each of 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 and notified to Xxxxxxx 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 Xxxxxxx Xxxxx Fargo in writing. Further, under no circumstances shall the aggregate offering price of Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution Agreements, exceed the Maximum Amount.