Common use of Limitations on Offering Size Clause in Contracts

Limitations on Offering Size. The Company shall not cause or request the offer or sale of any Securities if, after giving effect to the sale of such Securities, the aggregate Securities sold pursuant to this Agreement and the Alternative Agreements would exceed the lesser of (i) the amount available for offer and sale under the currently effective Registration Statement and (ii) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors and notified to the Sales Agent in writing (such lesser amount, the “Maximum Amount”). The Company shall not cause or request the offer or sale of any Securities at a price lower than the minimum price authorized from time to time by the Company’s board of directors and notified to the Sales Agent in writing. Further, under no circumstances shall the aggregate offering amount of Securities sold pursuant to this Agreement and the Alternative Agreements exceed the Maximum Amount.

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

Limitations on Offering Size. The Under no circumstances shall the Company shall not cause or request the offer or sale of any Securities ifSecurities, 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 Agreements would exceed the lesser of (iA) the Maximum Amount, (B) the amount available for offer and sale under the currently effective Registration Statement Statement, and (iiC) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors Company and notified to the Sales an Agent in writing (such lesser amount, writing. Under no circumstances shall the “Maximum Amount”). The Company shall 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’s board of directors Company and notified to the Sales an Agent in writing. Further, under no circumstances shall the aggregate offering amount price of Securities sold pursuant to this Agreement and the Alternative Agreements Agreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Limitations on Offering Size. The Company shall not cause or request the offer or sale of any Securities if, after giving effect to the sale of such Securities, the aggregate Securities sold pursuant to this Agreement and the Alternative Agreements would exceed the lesser of (i) the amount available for offer and sale under the currently effective Registration Statement and (ii) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors and notified to the Sales Agent Jefferies in writing (such lesser amount, the “Maximum Amount”). The Company shall not cause or request the offer or sale of any Securities at a price lower than the minimum price authorized from time to time by the Company’s board of directors and notified to the Sales Agent Jefferies in writing, by a Placement Notice or otherwise. Further, under no circumstances shall the aggregate offering amount of Securities sold pursuant to this Agreement and the Alternative Agreements exceed the Maximum Amount.

Limitations on Offering Size. The Company shall not cause or request the offer or sale of any Securities if, after giving effect to the sale of such Securities, the aggregate Securities sold pursuant to this Agreement and the Alternative Agreements would exceed the lesser of (i) the amount available for offer and sale under the currently effective Registration Statement and (ii) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors and notified to the Sales Agent in writing (such lesser amount, the “Maximum Amount”). The Company shall not cause or request the offer or sale of any Securities at a price lower than the minimum price authorized from time to time by the Company’s board of directors and notified to the Sales Agent in writing, by a Placement Notice or otherwise. Further, under no circumstances shall the aggregate offering amount of Securities sold pursuant to this Agreement and the Alternative Agreements exceed the Maximum Amount.

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

Limitations on Offering Size. The Under no circumstances shall the Company shall not cause or request the offer or sale of any Securities ifSecurities, 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 Agreements would exceed the lesser of (iA) together with all sales of Securities under this Agreement and the Alternative Distribution Agreement, the Maximum Amount, (B) the amount available for offer and sale under the currently effective Registration Statement Statement, and (iiC) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors Company and notified to Jefferies in writing. Under no circumstances shall the Sales Agent in writing (such lesser amount, the “Maximum Amount”). The Company shall 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’s board of directors Company and notified to the Sales Agent Jefferies in writing. Further, under no circumstances shall the The aggregate offering amount price of the Securities that may be sold pursuant to this Agreement and the Alternative Agreements Distribution Agreement shall not exceed the Maximum Amount.

Limitations on Offering Size. The Company shall not cause or request the offer or sale of any Securities if, after giving effect to the sale of such Securities, the aggregate Securities sold pursuant to this Agreement and the Alternative Agreements Agreement would exceed the lesser of (i) the amount available for offer and sale under the currently effective Registration Statement and (ii) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors and notified to the Sales Agent in writing (such lesser amount, the “Maximum Amount”). The Company shall not cause or request the offer or sale of any Securities at a price lower than the minimum price authorized from time to time by the Company’s board of directors and notified to the Sales Agent in writing. Further, under no circumstances shall the aggregate offering amount of Securities sold pursuant to this Agreement and the Alternative Agreements Agreement exceed the Maximum Amount.

Limitations on Offering Size. The Under no circumstances shall the Company shall not cause or request the offer or sale of any Securities ifSecurities, 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 Agreements would exceed the lesser of (iA) the Maximum Amount, (B) the amount available for offer and sale under the currently effective Registration Statement and (iiC) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors Company and notified to the Sales Agent in writing (such lesser amount, writing. Under no circumstances shall the “Maximum Amount”). The Company shall 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’s board of directors Company and notified to the Sales Agent in writing. Further, under no circumstances shall the aggregate offering amount price of Securities sold pursuant to this Agreement and the Alternative Agreements Agreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 hereof, exceed the Maximum Amount.

Limitations on Offering Size. The Under no circumstances shall the Company shall not cause or request the offer or sale of any Securities ifSecurities, 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 Agreements would exceed the lesser of (iA) together with all sales of Securities under this Agreement and the Alternative Distribution Agreement, the Maximum Amount, (B) the amount available for offer and sale under the currently effective Registration Statement Statement, and (iiC) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors Company and notified to KeyBanc in writing. Under no circumstances shall the Sales Agent in writing (such lesser amount, the “Maximum Amount”). The Company shall 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’s board of directors Company and notified to the Sales Agent KeyBanc in writing. Further, under no circumstances shall the The aggregate offering amount price of the Securities that may be sold pursuant to this Agreement and the Alternative Agreements Distribution Agreement shall not exceed the Maximum Amount.

Limitations on Offering Size. The Under no circumstances shall the Company shall not cause or request the offer or sale of any Securities ifSecurities, 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 Agreements would exceed the lesser of (iA) the Maximum Amount, (B) the amount available for offer and sale under the currently effective Registration Statement and (iiC) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors Company and notified to the Sales Agent Agents in writing (such lesser amount, writing. Under no circumstances shall the “Maximum Amount”). The Company shall 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’s board Board of directors Directors or a duly authorized committee thereof and notified to the Sales Agent Agents in writing. Further, under no circumstances shall the aggregate offering amount price of Securities sold pursuant to this Agreement and the Alternative Agreements exceed the Maximum Amount.

Limitations on Offering Size. The Under no circumstances shall the Company shall not cause or request the offer or sale of any Securities ifSecurities, 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 Agreements would exceed the lesser of (iA) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount, (B) the amount available for offer and sale under the currently effective Registration Statement Statement, and (iiC) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors Company and notified to the Sales Agent Agents in writing (such lesser amount, writing. Under no circumstances shall the “Maximum Amount”). The Company shall 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’s board of directors Company and notified to each of the Sales Agent Agents in writing. Further, under no circumstances shall the aggregate offering amount price of Securities sold pursuant to this Agreement and the Alternative Agreements Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Limitations on Offering Size. The Company shall not cause or request the offer or sale of any Securities if, after giving effect to the sale of such Securities, the aggregate Securities sold pursuant to this Agreement and the Alternative Agreements would exceed the lesser of (i) the amount available for offer and sale under the currently effective Registration Statement and (ii) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors and notified to the Sales Agent Mitsubishi in writing (such lesser amount, the “Maximum Amount”). The Company shall not cause or request the offer or sale of any Securities at a price lower than the minimum price authorized from time to time by the Company’s board of directors and notified to the Sales Agent Mitsubishi in writing, by a Placement Notice or otherwise. Further, under no circumstances shall the aggregate offering amount of Securities sold pursuant to this Agreement and the Alternative Agreements exceed the Maximum Amount.

Limitations on Offering Size. The Under no circumstances shall the Company shall not cause or request the offer or sale of any Securities ifShares, if after giving effect to the sale of such SecuritiesShares, the aggregate Securities offering price of the Shares sold pursuant to this Agreement and the Alternative Agreements would exceed the lesser of (i) together with all sales of Shares under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount, (ii) the amount available for offer and sale under the currently effective Registration Statement Statement, and (iiiii) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors Company and notified to the Sales Agent and the Forward Seller in writing (such lesser amount, writing. Under no circumstances shall the “Maximum Amount”). The Company shall not 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’s board of directors Company and notified to the Sales Agent and the Forward Seller in writing. Further, under no circumstances shall the aggregate offering amount price of Securities Shares sold pursuant to this Agreement and the Alternative Agreements Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 2 of this Agreement, exceed the Maximum Amount.

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

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

Limitations on Offering Size. The Company shall not cause or request the offer or sale of any Securities if, after giving effect to the sale of such Securities, the aggregate Securities sold pursuant to this Agreement and the Alternative Agreements would exceed the lesser of (i) the amount available for offer and sale under the currently effective Registration Statement and (ii) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors and notified to the Sales Agent Ladenburg in writing (such lesser amount, the “Maximum Amount”). The Company shall not cause or request the offer or sale of any Securities at a price lower than the minimum price authorized from time to time by the Company’s board of directors and notified to the Sales Agent Ladenburg in writing, by a Placement Notice or otherwise. Further, under no circumstances shall the aggregate offering amount of Securities sold pursuant to this Agreement and the Alternative Agreements exceed the Maximum Amount.

Limitations on Offering Size. The Under no circumstances shall the Company shall not cause or request the offer or sale of any Securities ifSecurities, 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 Agreements would exceed the lesser of (iA) the Maximum Amount, (B) the amount available for offer and sale under the currently effective Registration Statement and (iiC) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors Company and notified to the Sales Agent in writing (such lesser amount, writing. Under no circumstances shall the “Maximum Amount”). The Company shall 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’s board of directors Company and notified to the Sales Agent in writing. Further, under no circumstances shall the aggregate offering amount price of Securities sold pursuant to this Agreement and the Alternative Agreements Agreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

Limitations on Offering Size. The Under no circumstances shall the Company shall not cause or request the offer or sale of any Securities ifSecurities, 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 Agreements would exceed the lesser of (iA) the Maximum Amount, (B) the amount available for offer and sale under the currently effective Registration Statement and Statement, (iiC) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors Company and notified to the Sales Agent Agents in writing (such lesser amount, writing. Under no circumstances shall the “Maximum Amount”). The Company shall 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’s board of directors Company and notified to the Sales Agent Agents in writing. Further, under no circumstances shall the aggregate offering amount price of Securities sold pursuant to this Agreement and the Alternative Agreements Agreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement, exceed the Maximum Amount.

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

Limitations on Offering Size. The Company shall not cause or request the offer or sale of any Securities if, after giving effect to the sale of such Securities, the aggregate Securities sold pursuant to this Agreement and the Alternative Agreements would exceed the lesser of (i) the amount available for offer and sale under the currently effective Registration Statement and (ii) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement Agreements by the Company’s board of directors and notified to the Sales Agent in writing (such lesser amount, the “Maximum Amount”). The Company shall not cause or request the offer or sale of any Securities at a price lower than the minimum price authorized from time to time by the Company’s board of directors and notified to the Sales Agent in writing. Further, under no circumstances shall the aggregate offering amount of Securities sold pursuant to this Agreement and the Alternative Agreements exceed the Maximum Amount.

Limitations on Offering Size. The Under no circumstances shall the Company shall not cause or request the offer or sale of any Securities Shares pursuant to this Agreement (i) if, after giving effect to the sale of such SecuritiesShares, the aggregate Securities number or gross sales proceeds of Shares sold pursuant to this Agreement and the Alternative Agreements would exceed the lesser of (iA) together with all sales of Shares under this Agreement, the amount available for offer and sale under the currently effective Registration Statement and Maximum Amount or (iiB) the amount authorized from time to time to be issued and sold under this Agreement and the Alternative Agreement by the Company’s board of directors directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Sales Agent BTIG in writing writing, or (such lesser amount, the “Maximum Amount”). The Company shall not cause or request the offer or sale of any Securities ii) at a price lower than the minimum price therefor authorized from time to time by the Company’s board of directors directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Sales Agent BTIG in writing. Further, under no circumstances shall the Company cause or permit the aggregate offering amount of Securities Shares sold pursuant to this Agreement and the Alternative Agreements to exceed the Maximum Amount.