Common use of Maximum Issuance Amount Clause in Contracts

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 SCUSA or the Forward Seller, as the case may be.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)

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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 SCUSA the Sales Agent or the Forward Seller, as the case may be.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (SITE Centers Corp.), Sales Agency Financing Agreement (SITE Centers Corp.)

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 SCUSA KBCM or the Forward Seller, as the case may be.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)

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 SCUSA BNYMCM or the Forward Seller, as the case may be.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)

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 SCUSA the Sales Agent or both the Forward SellerSeller and the Forward Purchaser, as the case may be.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (SITE Centers Corp.)

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 and (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 sold under the any 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 $100,000,000 225,000,000 for any Issuance and $50,000,000 for any Forward without the prior written consent of SCUSA or the Forward SellerForward, as the case may be.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.)

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 sold 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 $100,000,000 150,000,000 for any Issuance and $50,000,000 for any Forward without the prior written consent of SCUSA or the Forward SellerForward, as the case may be.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc)

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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 and (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 sold under the any 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 $100,000,000 375,000,000 for any Issuance and $50,000,000 for any Forward without the prior written consent of SCUSA or the Forward SellerForward, as the case may be.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.)

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 AgreementsAgreement, 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 SCUSA KBCM or the Forward Seller, as the case may be.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (DDR Corp)

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 AgreementsAgreement, 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 SCUSA BNYMCM or the Forward Seller, as the case may be.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (DDR Corp)

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 sold under the any 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 $100,000,000 150,000,000 for any Issuance and $50,000,000 for any Forward without the prior written consent of SCUSA or the Forward SellerForward, as the case may be.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.)

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