Common use of Settlement of Issuance Shares Clause in Contracts

Settlement of Issuance Shares. Unless otherwise specified in the applicable Placement Notice (as amended by the corresponding Acceptance, if applicable), settlement for sales of Issuance Shares will occur on the second Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, an “Issuance Settlement Date”). Unless otherwise agreed to by each of the relevant parties hereto, the amount of proceeds to be delivered to the Company on an Issuance Settlement Date against receipt of the Issuance Shares sold (the “Net Proceeds”) will be equal to the aggregate Sales Price received by an Agent at which such Issuance Shares were sold, after deduction for (i) such Agent’s commission, discount or other compensation for such sales payable by the Company pursuant to Section 3(b) and (ii) any transaction fees imposed by any governmental or self-regulatory organization in respect of such sales.

Appears in 3 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

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Settlement of Issuance Shares. Unless otherwise specified in the applicable Issuance Placement Notice (as amended by the corresponding Acceptance, if applicable), settlement for sales of Securities in an Issuance Shares will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, an a Issuance Settlement Date”). Unless otherwise agreed to by each of the relevant parties hereto, the The amount of proceeds to be delivered to the Company on an Issuance a Settlement Date against receipt of the Securities sold in an Issuance Shares sold (the “Net Proceeds”) will be equal to the aggregate Sales Price sales price received by an the Current Agent at which such Issuance Shares Securities were sold, after deduction for (i) such the Current Agent’s commissionSelling Commission, discount or (ii) any other compensation for such sales amounts due and payable by the Company to the Current Agent hereunder pursuant to Section 3(b8(a) hereof, and (iiiii) any transaction fees imposed by any governmental or self-regulatory organization in respect of such sales.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

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