Common use of Officer’s Certificate on Size of ATM Program Clause in Contracts

Officer’s Certificate on Size of ATM Program. On the date of this Agreement, the Company shall have furnished to the Agents and the Forward Purchasers a certificate of an executive officer of the Company, dated such date, in a form satisfactory to the Agents and the Forward Purchasers, stating the minimum gross sales price per share for sales of Shares pursuant to this Agreement and the maximum number of Shares that may be issued and sold pursuant to this Agreement or, alternatively, the maximum aggregate gross sales price, as duly authorized by the Company’s board of trustees or a duly authorized committee thereof, and specify the number of Shares and Confirmation Shares that have been approved for listing subject to official notice of issuance, on the NYSE.

Appears in 3 contracts

Samples: Equity Offering Sales Agreement (Americold Realty Trust), Equity Offering Sales Agreement (Pebblebrook Hotel Trust), Equity Offering Sales Agreement (Americold Realty Trust)

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Officer’s Certificate on Size of ATM Program. On the date of this Agreement, the Company shall have furnished to the Agents and the Forward Purchasers a certificate of an executive officer of the Company, dated such date, in a form satisfactory to the Agents and the Forward Purchasers, stating the minimum gross sales price per share for sales of Shares pursuant to this Agreement and the maximum number of Shares that may be issued and sold pursuant to this Agreement or, alternatively, the maximum aggregate gross sales price, as duly authorized by the Company’s board of trustees directors or a duly authorized committee thereof, and specify the number of Shares and Confirmation Shares that have been approved for listing subject to official notice of issuance, on the NYSE.

Appears in 2 contracts

Samples: Equity Offering Sales Agreement (Americold Realty Trust), Equity Offering Sales Agreement (Americold Realty Trust)

Officer’s Certificate on Size of ATM Program. On or prior to the date of that the Shares are first sold pursuant to this Agreement, the Company shall have furnished to the Agents and the Forward Purchasers a certificate of an executive officer of the CompanyCompany or the Manager, dated such date, in a form satisfactory to the Agents and the Forward PurchasersAgents, stating the minimum gross sales price per share for sales of Shares pursuant to this Agreement and the maximum number of Shares that may be issued and sold pursuant to this Agreement or, alternatively, the maximum aggregate gross sales priceproceeds from such sales, as duly authorized by the Company’s board of trustees directors or a duly authorized committee thereof, and specify the number of Shares and Confirmation Shares that have been approved for listing subject to official notice of issuance, on the NYSEExchange.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Apollo Commercial Real Estate Finance, Inc.)

Officer’s Certificate on Size of ATM Program. On the date of this Agreement, the Company shall have furnished to the Agents and the Forward Purchasers a certificate of an executive officer of the Company, dated such date, in a form reasonably satisfactory to the Agents and the Forward Purchasers, stating the minimum gross sales price per share for sales of Shares pursuant to this Agreement and the maximum number of Shares that may be issued and sold pursuant to this Agreement or, alternatively, the maximum aggregate gross sales priceproceeds from such sales, as duly authorized by the Company’s board of trustees directors or a duly authorized committee thereof, and specify the number of Shares and Confirmation Shares that have been approved for listing listing, subject to official notice of issuance, on the NYSE.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Lithia Motors Inc)

Officer’s Certificate on Size of ATM Program. On the date of this Agreement, the Company Trust shall have furnished to the Agents and the Forward Purchasers a certificate of an executive officer of the CompanyTrust, dated such date, in a form satisfactory to the Agents and the Forward Purchasers, stating the minimum gross sales price per share for sales of Shares pursuant to this Agreement and the maximum number of Shares that may be issued and sold pursuant to this Agreement or, alternatively, the maximum aggregate gross sales priceproceeds from such sales, as duly authorized by the CompanyTrust’s board of trustees or a duly authorized committee thereof, and specify the number of Shares and Confirmation Shares that have been approved for listing listing, subject to official notice of issuance, on the NYSE.

Appears in 1 contract

Samples: Terms Agreement (Universal Health Realty Income Trust)

Officer’s Certificate on Size of ATM Program. On the date of this ATM Equity Offering Sales Agreement, the Company shall have furnished to the Agents and the Forward Purchasers a certificate of an executive officer of the Company, dated such date, in a form satisfactory to the Agents and the Forward Purchasers, stating the minimum gross sales price per share for sales of Shares pursuant to this Agreement and the maximum number of Shares that may be issued and sold pursuant to this Agreement or, alternatively, the maximum aggregate gross sales priceproceeds from such sales, as duly authorized by the Company’s board of trustees directors or a duly authorized committee thereof, and specify the number of Shares and Confirmation Shares that have been approved for listing subject to official notice of issuance, on the NYSE.

Appears in 1 contract

Samples: Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.)

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Officer’s Certificate on Size of ATM Program. On the date of this ATM Equity OfferingSM Sales Agreement, the Company shall have furnished to the Agents and the Forward Purchasers a certificate of an executive officer of the Company, dated such date, in a form reasonably satisfactory to the Agents and the Forward PurchasersAgents, stating the minimum gross sales price per share for sales of Shares pursuant to this Agreement and the maximum number of Shares that may be issued and sold pursuant to this Agreement or, alternatively, the maximum aggregate gross sales priceproceeds from such sales, as duly authorized by the Company’s board of trustees directors or a duly authorized committee thereof, and specify the number of Shares and Confirmation Shares that have been approved for listing subject to official notice of issuance, on the NYSE.

Appears in 1 contract

Samples: Terms Agreement (Corrections Corp of America)

Officer’s Certificate on Size of ATM Program. On the date of this Amended and Restated ATM Equity OfferingSM Sales Agreement, the Company shall have furnished to the Agents and the Forward Purchasers a certificate of an executive officer of the Company, dated such date, in a form reasonably satisfactory to the Agents and the Forward PurchasersAgents, stating the minimum gross sales price per share for sales of Shares pursuant to this Agreement and the maximum number of Shares that may be issued and sold pursuant to this Agreement or, alternatively, the maximum aggregate gross sales priceproceeds from such sales, as duly authorized by the Company’s board of trustees directors or a duly authorized committee thereof, and specify the number of Shares and Confirmation Shares that have been approved for listing subject to official notice of issuance, on the NYSE.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (CoreCivic, Inc.)

Officer’s Certificate on Size of ATM Program. On the date of this ATM Equity Offering SM Sales Agreement, the Company shall have furnished to the Agents and the Forward Purchasers a certificate of an executive officer of the Company, dated such date, in a form reasonably satisfactory to the Agents and the Forward PurchasersAgents, stating the minimum gross sales price per share for sales of Shares pursuant to this Agreement and the maximum number of Shares that may be issued and sold pursuant to this Agreement or, alternatively, the maximum aggregate gross sales priceprice of Shares, as duly authorized by the Company’s board of trustees directors or a duly authorized committee thereof, and specify specifying the number of Shares and Confirmation Shares that have been approved for listing subject to official notice of issuance, on the NYSE.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Ventas Inc)

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