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.
Appears in 2 contracts
Samples: Boston Properties LTD Partnership, Boston Properties LTD Partnership
Maximum Issuance Amount. In no event may the Company issue a Placement Transaction Notice to sell an Issuance Amount or a Forward Hedge Amount, as the case may be, to the extent that the sum of (ix) the Sales Price of the requested Issuance Amount or Forward Hedge Amount, as applicable, plus (iiy) 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 Shares sold under the Alternative Sales Agency Agreements and (iii) the aggregate amount sold under any Terms Agreements (including under any terms agreements under any Alternative Sales Agency Original Agreements) , would exceed the Maximum Program Amount.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc)
Maximum Issuance Amount. In no event may the Company issue a Placement Transaction Notice to sell an Issuance Amount or a Forward Hedge Amount, as the case may be, to the extent that the sum of (ix) the Sales Price of the requested Issuance Amount or Forward Hedge Amount, as applicable, plus (iiy) the aggregate Sales Price of all Shares issued under all previous Issuances and Forwards effected pursuant to the Sales Agency Agreements and (iii) this Agreement, together with the aggregate amount Sales Price of Shares sold under any Terms Agreements (including under any terms agreements under any the Alternative Sales Agency Agreements) , would exceed the Maximum Program Amount.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc)