Renewal Deadline. If any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agent, (i) promptly notify the Agents of its intention to file, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the Agents, (iii) use its commercially reasonable efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable after the Renewal Deadline and (iv) promptly notify the Agents of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 2 contracts
Samples: Equity Sales Agreement (W. P. Carey Inc.), Equity Sales Agreement (W. P. Carey Inc.)
Renewal Deadline. If any Shares purchased by an Agent as principal remain unsoldIf, the Company will, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement is still in effect or any Shares purchased by the Agents as principals remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents of its intention to file, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the Agents, (iii) use its commercially reasonable best efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable within 60 days after the Renewal Deadline and (iv) promptly notify the Agents of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 2 contracts
Samples: Equity Offeringsm Sales Agreement (Uniti Group Inc.), Equity Offeringsm Sales Agreement (Communications Sales & Leasing, Inc.)
Renewal Deadline. If any Shares purchased by an Agent as principal remain unsoldIf, the Company will, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement is still in effect or any Shares purchased by the Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents of its intention to file, Agent and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the AgentsAgent. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the AgentsAgent, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the AgentsAgent, (iii) use its commercially reasonable efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable after the Renewal Deadline and (iv) promptly notify the Agents Agent of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 2 contracts
Samples: Terms Agreement (Irobot Corp), Equity Offeringsm Sales Agreement (Moneygram International Inc)
Renewal Deadline. If any Shares purchased by an Agent as principal remain unsoldIf, the Company will, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement is still in effect and the Company desires to continue to offer and sell Shares hereunder or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents of its intention to file, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, and the Company desires to continue to offer and sell Shares hereunder or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the Agents, (iii) use its commercially reasonable best efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable within 60 days after the Renewal Deadline and (iv) promptly notify the Agents of such effectiveness. The In connection with the foregoing, the Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 2 contracts
Samples: Equity Offeringsm Sales Agreement (Weingarten Realty Investors /Tx/), Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/)
Renewal Deadline. If any Shares purchased by an Agent as principal remain unsoldIf, the Company will, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement is still in effect or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents of its intention to file, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the Agents, (iii) use its commercially reasonable efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable within 60 days after the Renewal Deadline and (iv) promptly notify the Agents of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 1 contract
Samples: Equity Offeringsm Sales Agreement (B&G Foods, Inc.)
Renewal Deadline. If any Shares purchased by an Agent as principal remain unsoldIf, the Company will, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement is still in effect or any Placement ADSs purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents of its intention to file, and (ii) promptly file, if it is eligible to do so, a new an automatic shelf registration statement relating to the SharesPlacement ADSs, in a form and substance reasonably satisfactory to the Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do sofile an automatic shelf registration statement, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the SharesPlacement ADSs, in a form and substance reasonably satisfactory to the Agents, (iii) use its commercially reasonable best efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable within 60 days after the Renewal Deadline and (iv) promptly notify the Agents of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares Placement ADSs to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 1 contract
Renewal Deadline. If any Shares purchased by an Agent as principal remain unsoldIf, the Company will, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement is still in effect or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents of its intention to file, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the Agents, (iii) use its commercially reasonable efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable within 60 days after the Renewal Deadline and (iv) promptly notify the Agents of such effectiveness. The Company will use its commercially reasonable efforts to take all other action reasonably actions necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 1 contract
Renewal Deadline. If any Shares purchased by an Agent as principal remain unsoldIf, the Company will, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement is still in effect or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents of its intention to file, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the Agents, (iii) use its commercially reasonable efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable within 60 days after the Renewal Deadline and (iv) promptly notify the Agents of such effectiveness. The Company will use commercially reasonable efforts to take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 1 contract
Renewal Deadline. If any Shares purchased by an Agent as principal remain unsoldIf, the Company will, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement is still in effect or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents of its intention to file, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the Agents, (iii) use its commercially reasonable best efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable within 60 days after the Renewal Deadline and (iv) promptly notify the Agents of such effectiveness. The Company will use its reasonable best efforts to take all other action reasonably actions necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 1 contract
Samples: Equity Offeringsm Sales Agreement (Colony Starwood Homes)
Renewal Deadline. If any Shares purchased by an Agent as principal or borrowed by a Forward Purchaser or an affiliate thereof pursuant to this Agreement remain unsold, the Company will, prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agent, (i) promptly notify the Agents and the Forward Purchasers of its intention to file, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the AgentsAgents and the Forward Purchasers. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the AgentsAgents and the Forward Purchasers, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the AgentsAgents and the Forward Purchasers, (iii) use its commercially reasonable efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable after the Renewal Deadline and (iv) promptly notify the Agents and the Forward Purchasers of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 1 contract
Renewal Deadline. If any Shares purchased by an Agent as principal Securities remain unsold, the Company will, unsold prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement has not terminated and a prospectus is required to be delivered or made available by an Agent under the Securities Act or the Exchange Act in connection with the sale of any Securities, (i) promptly notify then the Agents of its intention Company will, prior to filethe Renewal Deadline, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the SharesSecurities, in a form and substance reasonably satisfactory to the AgentsAgents and the Forward Purchasers. If, at the time If the Company intends to file such a new automatic shelf registration statement, it is not eligible to do sofile an automatic shelf registration statement at such time, then the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the SharesSecurities, in a form and substance reasonably satisfactory to the AgentsAgents and the Forward Purchasers, (iii) and use its commercially reasonable efforts to cause such new shelf registration statement to be declared effective as soon promptly as reasonably practicable after the Renewal Deadline and (iv) promptly notify the Agents of such effectivenessDeadline. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares Securities to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 1 contract
Samples: Equity Distribution Agreement (National Health Investors Inc)
Renewal Deadline. If any Shares purchased by an Agent as principal remain unsoldIf, the Company will, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement is still in effect or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents of its intention to file, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the Agents, (iii) use its commercially reasonable efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable within 120 days after the Renewal Deadline and (iv) promptly notify the Agents of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 1 contract
Samples: Equity Distribution Agreement (JBG SMITH Properties)
Renewal Deadline. If any Shares purchased by an Agent as principal remain unsoldIf, the Company will, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement is still in effect or any Shares purchased by the Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents of its intention to file, Agent and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the AgentsAgent. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do sofile an automatic shelf registration statement, the Company will, prior to the Renewal Deadline, (i) promptly notify the AgentsAgent, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the AgentsAgent, (iii) use its commercially reasonable efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable after the Renewal Deadline and (iv) promptly notify the Agents Agent of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new automatic shelf registration statement, as the case may be.
Appears in 1 contract
Samples: Equity Offeringsm Sales Agreement (REE Automotive Ltd.)
Renewal Deadline. If any Shares purchased by an Agent as principal remain unsoldIf, the Company will, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), upon written notice from such Agentthis Agreement is still in effect or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents of its intention to file, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the Agents, (iii) use its commercially reasonable efforts to cause such new shelf registration statement to be declared effective as soon as reasonably practicable within 60 days after the Renewal Deadline and (iv) promptly notify the Agents of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.
Appears in 1 contract