Common use of Maximum Issuance Amount Clause in Contracts

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.

Appears in 10 contracts

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)

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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 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 AgreementAgreements, would exceed the Maximum Program AmountAmount or (II) the requested Issuance Amount exceeds $150,000,000.

Appears in 10 contracts

Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)

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 requested aggregate Sales Price of the Common Shares to be sold pursuant to such Issuance AmountNotice, plus (y) the aggregate Sales Price 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 Sales Agency AgreementAgreements, would exceed the Maximum Program AmountAmount or (II) the requested Issuance Amount exceeds $150,000,000.

Appears in 6 contracts

Samples: Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Boston Properties Inc)

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 Issuance Shares issued under the Alternative Agency Agreement, would exceed the Maximum Program Amount.

Appears in 6 contracts

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)

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 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 AmountAmount or (II) the requested Issuance Amount exceeds $50,000,000.

Appears in 4 contracts

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

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 requested Issuance Amount, Amount plus (y) the aggregate number 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, Agreement would exceed the Maximum Program AmountAmount or (II) the requested Issuance Amount would exceed 500,000 Common Shares, without the prior written consent of BNYMCM.

Appears in 3 contracts

Samples: Sales Agency Agreement (Idaho Power Co), Sales Agency Agreement (Idacorp Inc), Sales Agency Agreement (Idacorp Inc)

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 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 AmountAmount or (II) the requested Issuance Amount exceeds $150,000,000.

Appears in 3 contracts

Samples: Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.)

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 (as such term is defined in the applicable Sales Agency Agreement) of all the Common Shares Stock issued under all previous Issuances and Alternative Issuances effected pursuant to this Agreement and the Alternative Agreement, together with the aggregate number of Common Shares issued under the Alternative Agency Agreementtaken together, would exceed the Maximum Program AmountAmount or (II) the requested Issuance Amount exceeds $150,000,000.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.)

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 Issuance Amounts sold under all previous Issuances effected pursuant to this Agreement, together with the aggregate number of Common Shares Issuance Amounts issued under the Alternative Agency AgreementAgreements, would exceed the Maximum Program Amount.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)

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 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 AmountAmount or (II) the requested Issuance Amount exceeds $100,000,000 without the prior written consent of BNYMCM.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Developers Diversified Realty Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp)

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 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 AmountAmount or (II) the requested Issuance Amount exceeds $40,000,000.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

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 requested Issuance Amount, plus (y) the aggregate number 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.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Holdings, Inc.)

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 requested Issuance Amount, Amount plus (y) the aggregate number 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 Sales Agency Agreement, would exceed the Maximum Program Amount, or (II) the requested Issuance Amount exceeds 500,000 Shares.

Appears in 2 contracts

Samples: Sales Agency Agreement (Avista Corp), Sales Agency Agreement (Avista Corp)

Maximum Issuance Amount. In no event may the Company Selling Shareholders 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 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 AmountAmount for the Selling Shareholders or (II) the requested Issuance Amount exceeds $50,000,000.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Diana Shipping Inc.)

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 requested Issuance Amount, Amount plus (y) the aggregate number 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, Agreement would exceed the Maximum Program AmountAmount or (II) the requested Issuance Amount exceeds 500,000 Common Shares.

Appears in 1 contract

Samples: Sales Agency Agreement (Idacorp Inc)

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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 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 AmountAmount or (II) the requested Issuance Amount exceeds $40 million.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc)

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 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 AmountAmount or (II) the requested Issuance Amount exceeds $10,000,000.

Appears in 1 contract

Samples: Standby Equity Distribution Agreement (New Plan Excel Realty Trust Inc)

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 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 AmountAmount for the Company or (II) the requested Issuance Amount exceeds $50,000,000.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Diana Shipping Inc.)

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 requested Issuance Amount, Amount plus (y) the aggregate number 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, Agreement would exceed the Maximum Program Amount, or (II) the requested Issuance Amount exceeds 500,000 Common Shares.

Appears in 1 contract

Samples: Sales Agency Agreement (Avista Corp)

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 requested Issuance Amount, plus (yii) the aggregate number 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 AmountAmount or (II) the requested Issuance Amount would, without the prior written consent of BNYMCM, exceed the lesser of (i) 2,222,222 Common Shares or (ii) Common Shares with an aggregate Sales Price of $100,000,000.

Appears in 1 contract

Samples: Sales Agency Agreement (Southwest Gas Corp)

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 requested Issuance Amount, plus (y) the aggregate number 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 AmountAmount or (II) the requested Issuance Amount exceeds $50,000,000.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Great Plains Energy Inc)

Maximum Issuance Amount. In no event may the Company and the Selling Shareholders issue an a Joint 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 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 AmountAmount for the Company or the Selling Shareholders or (II) the requested Issuance Amount exceeds $50,000,000.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Diana Shipping Inc.)

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 requested Issuance Amount, Amount plus (y) the aggregate number 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, Agreement would exceed the Maximum Program Amount, or (II) the requested Issuance Amount exceeds 500,000 Shares.

Appears in 1 contract

Samples: Sales Agency Agreement (Avista Corp)

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 requested Issuance Amount, plus (yii) the aggregate number 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 AmountAmount or (II) the requested Issuance Amount would, without the prior written consent of BNYMCM, exceed the lesser of (i) 2,500,000 Common Shares or (ii) Common Shares with an aggregate Sales Price of $150,000,000.

Appears in 1 contract

Samples: Sales Agency Agreement (Southwest Gas Holdings, Inc.)

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