Maximum Issuance Amount. In no event may the Company issue an Issuance Notice to sell an Issuance Amount to the extent that the sum of (x) the requested Issuance Amount, plus (y) the aggregate of all Common Shares issued under all previous Issuances effected pursuant to this Agreement, together with the aggregate number of Common Shares issued under the Alternative Agency Agreement, would exceed the Maximum Program Amount.
Maximum Issuance Amount. In no event may the Company issue a Transaction Notice to sell an Issuance Amount or a Forward Hedge Amount, as the case may be, to the extent that (I) the sum of (x) the Sales Price of the requested Issuance Amount or Forward Hedge Amount, as applicable, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances and Forwards effected pursuant to this Agreement, together with the aggregate Sales Price of all Shares issued under the Alternative Sales Agency Agreements, would exceed the Maximum Program Amount or (II) the requested Issuance Amount or Forward Hedge Amount, as the case may be, exceeds $100,000,000 for any Issuance and $50,000,000 for any Forward without the prior written consent of KBCM or the Forward Seller, as the case may be.
Maximum Issuance Amount. In no event may the Company issue an Issuance Notice to sell Common Shares to the extent that the sum of (x) the requested Common Shares plus (y) the aggregate number of Common Shares issued under all previous Issuances effected pursuant to this Agreement, together with the aggregate number of Common Shares issued under the Alternative Sales Agency Agreements, would exceed the Maximum Program Amount.
Maximum Issuance Amount. In no event may EQR issue an Issuance Notice to sell an Issuance Amount to the extent that the sum of (x) the number of Program Shares requested to be sold under the Issuance Notice, plus (y) the number of all Program Shares issued under all previous Issuances effected pursuant to this Agreement, together with the aggregate number of Program Shares issued under the Alternative Sales Agency Agreements, would exceed the Maximum Program Amount.
Maximum Issuance Amount. The Company shall not have issued an Issuance Notice to sell an Issuance Amount to the extent that the sum of (x) the Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Common Shares issued under all previous Issuances effected pursuant to this Agreement, would exceed the Maximum Program Amount;
Maximum Issuance Amount. In no event may the Company issue a Placement Notice to sell an Issuance Amount or a Forward Hedge Amount, as the case may be, to the extent that the sum of (i) the Sales Price of the requested Issuance Amount or Forward Hedge Amount, as applicable, (ii) the aggregate Sales Price of all Shares issued under all previous Issuances and Forwards effected pursuant to the Sales Agency Agreements and (iii) the aggregate amount sold under any Terms Agreements (including under any terms agreements under any Alternative Sales Agency Agreements) would exceed the Maximum Program Amount.
Maximum Issuance Amount. In no event may the Company issue a Transaction Notice to sell an Issuance Amount or a Forward Hedge Amount, as the case may be, to the extent that the sum of (x) the Sales Prices of the requested Issuance Amount or Forward Hedge Amount, as applicable, plus (y) the Sales Prices of all Shares issued under all previous Issuances and Forwards effected pursuant to this Agreement or any Terms Agreement, would exceed the Maximum Program Amount.
Maximum Issuance Amount. In no event may the Company issue an Issuance Notice to sell an Issuance Amount to the extent that (I) the sum of (x) the Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances effected pursuant to this Agreement, together with the aggregate Sales Price of all Shares issued under the Alternative Sales Agency Agreement, would exceed the Maximum Program Amount or (II) the requested Issuance Amount exceeds $100,000,000 without the prior written consent of KBCM.
Maximum Issuance Amount. In no event may the Company issue a Transaction Notice to sell an Issuance Amount or Forward Hedge Amount, as the case may be, to the extent that (I) the sum of (x) the Sales Price of the requested Issuance Amount or Forward Hedge Amount, as applicable, plus (y) the aggregate Sales Price of all Common Shares issued under all previous Issuances and Forwards effected pursuant to this Agreement, would exceed the Maximum Program Amount or (II) the requested Issuance Amount or Forward Hedge Amount, as the case may be, exceeds $50,000,000, without, in the case of this clause (II), the prior written consent of BNYMCM or the Forward Seller, as the case may be, which may be withheld in BNYMCM’s or the Forward Seller’s sole discretion, as applicable.
Maximum Issuance Amount. In no event may the Company issue an Issuance Notice to sell an Issuance Amount to the extent that (I) the sum of (x) the Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances effected pursuant to this Agreement, together with the aggregate Sales Price of all Shares issued under the Alternative Sales Agency Agreement, would exceed the Maximum Program Amount or (II) the requested Issuance Amount exceeds $100,000,000 without the prior written consent of BNYMCM.
