Common use of Maximum Amount of Shares to Be Sold Clause in Contracts

Maximum Amount of Shares to Be Sold. In no event will Shares be sold pursuant to this Agreement, and in no event will the Company request sales of Shares pursuant to this Agreement, if such sales would (i) cause the aggregate gross sales proceeds of the Shares sold pursuant to this Agreement to exceed the Maximum Amount; (ii) cause the number or aggregate gross sales proceeds of Shares sold pursuant to this Agreement to exceed the number or aggregate value, as applicable, of Shares of Stock available for issuance under the currently effective Registration Statement; or (iii) cause the aggregate gross sales proceeds of Shares sold pursuant to this Agreement to exceed the value of Shares authorized from time to time to be issued and sold pursuant to this Agreement by the Board, or a duly authorized committee thereof, and notified to the Managers in writing.