TRANSACTION NOTICE. On any Trading Day during the Commitment Period, the Company may deliver a Transaction Notice to BNYMCM (in the case of an Issuance) or the Forward Seller and the Forward Purchaser (in the case of a Forward), subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (i) the Issuance Amount or Forward Hedge Amount, as the case may be, for each Transaction as designated by the Company in the applicable Transaction Notice shall in no event exceed $100,000,000 for any Issuance or $50,000,000 for any Forward without the prior written consent of BNYMCM or the Forward Seller, which may be withheld in BNYMCM’s or the Forward Seller’s sole discretion and (ii) notwithstanding anything in this Agreement or the Master Forward Confirmation to the contrary, neither the Forward Purchaser, BNYMCM nor the Forward Seller shall have any further obligations with respect to any Transaction Notice if and to the extent the aggregate Sales Price of the Shares sold pursuant thereto, together with the aggregate Sales Price of the Shares previously sold under the Sales Agency Agreements, shall exceed the Maximum Program Amount. The Company shall have the right, in its sole discretion, to amend at any time and from time to time any Transaction Notice; provided, however, that (i) the Company may not amend the Issuance Amount or Forward Hedge Amount, as the case may be, if such amended Issuance Amount or Forward Hedge Amount, as applicable, is less than the Actual Sold Issuance Amount or Actual Sold Forward Amount, as the case may be, as of the date of such amendment; (ii) the Company shall not have the right to amend a Transaction Notice specifying that it relates to a “Forward” after the related “Supplemental Confirmation” has been delivered to the Company; and (iii) no reduction in the Floor Price shall cause any sales of Shares executed pursuant to such Transaction Notice prior to the date of receipt of such amendment to be a breach of the terms hereof.
TRANSACTION NOTICE. Ladies and Gentlemen:
TRANSACTION NOTICE. Seller shall have delivered to Buyer (a) a Transaction Notice and (b) an Asset Schedule;
TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with the [Canadian Agent / U.S. Agent] under, and pursuant to, that certain Equity Distribution Agreement between the Company, the Canadian Agent and the U.S. Agent, dated [_______], 20[__] (the "Agreement"). Please indicate your acceptance of the proposed terms below. Upon acceptance, the particular Agency Transaction to which this Transaction Notice relates shall supplement, form a part of, and be subject to, the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms of the particular Agency Transaction to which this Transaction Notice relates are as follows: Trading Day(s) on which Shares may be Sold: [_______], 20[__], [_______], 20[__] . . . [_______], 20[__] Maximum [Number]/[Value] of Shares to be Sold in the Aggregate: [_______] Maximum [Number]/[Value] of Shares to be Sold on each Trading Day: [_______] Stock exchange: [_______] Floor Price: USD[__.__] Very truly yours, METALLA ROYALTY & STREAMING LTD. By:______________________________ Name: Title: Accepted and agreed as of the date first above written: [BMO XXXXXXX XXXXX INC.] / [BMO CAPITAL MARKETS CORP.] By:______________________________ Name: Title:
TRANSACTION NOTICE. Dear : This Transaction Notice relates to the issuance and sale of Common Stock, par value $0.01 per share, of Post Properties, Inc., a Georgia corporation (the “Company”), pursuant to the Distribution Agreement by and among the Company, Post Apartment Homes, L.P., a Georgia limited partnership and the Company’s operating partnership, and X.X. Xxxxxx Securities LLC, dated May 31, 2012 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein. Number of Shares to be Sold: Minimum Price at which Shares may be Sold: Date(s) on which Shares may be Sold: (“Purchase Date”) Discount/Commission: Manner in which Shares are to be Sold: Agency Transaction Floor price: [Insert if any] The Agency Transaction set forth in this Transaction Notice will not be binding on JPMS unless JPMS accepts its terms in accordance with Section 2(a) of the Agreement. The Agency Transaction shall be subject to all of the representations, warranties, covenants and other terms and conditions of the Agreement, except to the extent amended or modified hereby, all of which are expressly incorporated herein by reference. Each of the representations and warranties set forth in the Agreement shall be deemed to have been made at and as of the Time of Delivery and on any Purchase Date and any Settlement Date. Very truly yours, Post Properties, Inc. By: Name: Title: This Officers’ Certificate is made pursuant to Section 5(a) of the Distribution Agreement (the “Agreement”), dated May 31, 2012, by and among Post Properties, Inc., a Georgia corporation (the “Company”), Post Apartment Homes, L.P., a Georgia limited partnership (the “Operating Partnership”) and X.X. Xxxxxx Securities LLC The Agreement relates to the issuance and sale from time to time by the Company of up to 4,000,000 shares (the “Maximum Number”) of Common Stock, $0.01 par value per share, of the Company pursuant to the registration statement on Form S-3 (Registration No. 333-181785) (the “Registration Statement”) and the prospectus dated May 31, 2012 (the “Basic Prospectus”), as supplemented by the prospectus supplement dated May 31, 2012 filed pursuant to Rule 424(b)(5) promulgated under the Securities Act of 1933, as amended (the “Prospectus”). Capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. The undersigned are both officers of the Company and Post GP Holdings, Inc., the general partner of the Operating ...
TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with BMOCM under, and pursuant to, that certain Equity Distribution Agreement between the Partnership and BMOCM, dated May 10, 2013 (the “Agreement”). Please indicate your acceptance of the proposed terms below by acknowledgment included in a return electronic mail message. Upon acceptance, the particular Agency Transaction to which this Transaction Notice relates shall supplement, form a part of, and be subject to, the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms of the particular Agency Transaction to which this Transaction Notice relates are as follows: Trading Day(s) on which Units may be Sold: [ ], 20[ ], [ ], 20[ ] . . . [ ], 20[ ] Maximum Number of Units to be Sold in the Aggregate: [ ] Maximum Number of Units to be Sold on each Trading Day: [ ] Floor Price: USD[ . ] Compensation to BMOCM: [ ]% of the gross offering proceeds Very truly yours, CROSSTEX ENERGY, L.P. By: Crosstex Energy GP, LLC, its General Partner By: Name: Title: BMO Capital Markets Corp. 0 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: Crosstex Energy, L.P., a Delaware limited partnership (the “Partnership”), proposes, subject to the terms and conditions stated herein, in Schedule hereto and in the Equity Distribution Agreement, dated May 10, 2013 (the “Equity Distribution Agreement”), between the Partnership and BMO Capital Markets Corp. (“BMOCM”), to issue and sell to BMOCM [ ] common units representing limited partner interests in the Partnership (the “Purchased Common Units”)[, and, solely for the purpose of covering over-allotments, to grant to BMOCM the option to purchase an additional [ ] common units representing limited partner interests in the Partnership (the “Additional Common Units”)]. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. [BMOCM shall have the right to purchase from the Partnership all or a portion of the Additional Common Units as may be necessary to cover over-allotments made in connection with the offering of the Purchased Common Units at the same purchase price per share to be paid by BMOCM to the Partnership for the Purchased Common Units. This option may be exercised by BMOCM at any time (but not more than once) on or before the thirtieth day following the dat...
TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with [•] under, and pursuant to, that certain Equity Distribution Agreement between the American Finance Trust, Inc., a Maryland corporation (the “Company”), and American Finance Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), BMO Capital Markets Corp., BBVA Securities Inc., X. Xxxxx FBR, Inc., Citizens Capital Markets, Inc., KeyBanc Capital Markets Corp., Ladenburg Xxxxxxxx & Co. Inc. and SunTrust Xxxxxxxx Xxxxxxxx, Inc. (each an “Agent” and collectively, the “Agents”), dated May [ ], 2019 (the “Agreement”). Please indicate your acceptance of the proposed terms below. Upon acceptance, the particular Agency Transaction to which this Transaction Notice relates shall supplement, form a part of, and be subject to, the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms of the particular Agency Transaction to which this Transaction Notice relates are as follows: Trading Day(s) on which Shares may be Sold: [_______], 20[__], [_______], 20[__] . . . [_______], 20[__] Maximum Number of Shares to be Sold in the Aggregate: [_______] Maximum Number of Shares to be Sold on each Trading Day: [_______] Floor Price: USD[__.__] Compensation: [_______]% of the gross proceeds from the sale of Shares Very truly yours, By: Name: Title: By: Name: Title: Accepted and agreed as of the date first above written: [•] By:______________________________ Name: Title: [•] Ladies and Gentlemen: American Finance Trust, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, in the Schedule hereto and in the Equity Distribution Agreement, dated May [ ], 2019 (the “Equity Distribution Agreement”), between the Company and American Finance Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), BMO Capital Markets Corp., BBVA Securities Inc., X. Xxxxx FBR, Inc., Citizens Capital Markets, Inc., KeyBanc Capital Markets Corp., Ladenburg Xxxxxxxx & Co. Inc. and SunTrust Xxxxxxxx Xxxxxxxx, Inc. (each an “Agent” and collectively, the “Agents”), to issue and sell to [•] [_______] shares of the Company’s Class A common stock, par value $[_.__] per share (the “Purchased Shares”) [, and, solely for the purpose of covering over-allotments, to grant to [•] the option t...
TRANSACTION NOTICE. The execution of orders is registered in a transaction notice which the Bank will send to the Client by post as soon as possible and in any case within 24 working hours of the time at which the Bank has been informed of the order execution conditions, except in the event of a technical incident or a case of force majeure. The transaction notice will notably contain the following information: - the Bank’s identification; - the corporate name of the Client or any other designation concerning it (e.g. account number); - day of trading; - the time of trading; - type of instruction; - the identification of the place of execution; - the identification of the financial instrument; - the buy / sell indicator; - the type of order if neither a purchase nor a sale; - volume; - the unit price. if the order is executed in stages, the Bank may inform the Client of the price of each stage or the average price. If the Bank informs the Client of the average price, the price per stage may be communicated to him, at his request; - the total price; - the exchange rate obtained when the transaction involves a currency conversion; - total amount of commissions and fees billed, and if the Client so requests, the Bank may provide it with a breakdown by entry; - the indication, as applicable, that the client's counterparty was the investment services provider itself, or any member whatsoever of the same group, or another client of the investment services provider, unless the order was executed through the intermediary of a trading system facilitating anonymous trading. Allowing for the transit times of the transaction notice into account, if this was sent by post, in theory this should reach the Client within two business days in France after the time when the Bank is informed of the conditions for execution of the order. The Client is therefore requested to contact the Bank if no transaction notice is received within three consecutive working days. The Bank will then send another transaction notice to the Client.
TRANSACTION NOTICE. At any time one (1) month after the date of Substantial Completion (as defined in the 2011 EPC Contract (as defined in the Partnership Agreement)) of Train 1 (as defined in the Partnership Agreement), CEI shall have the right to deliver a notice (the “Transaction Notice”) to Buyer requesting that Buyer purchase the Assigned Interests pursuant to the terms of this Agreement within six (6) months after the date of the Transaction Notice (the “Purchase Expiration Date”). Within thirty (30) days after the date of the Transaction Notice (the “Response Deadline”), Buyer shall provide notice to CEI (the “Purchase Confirmation Notice”) regarding whether Buyer is or is not undertaking efforts, or intending to undertake efforts, to satisfy the conditions precedent set forth in Section 6.2 in order to purchase the Assigned Interests by the Purchase Expiration Date. If Buyer (a) does not deliver a Purchase Confirmation Notice by the Response Deadline, (b) delivers a Purchase Confirmation Notice by the Response Deadline stating that it is not undertaking efforts and does not intend to undertake efforts to satisfy the conditions precedent set forth in Section 6.2 by the Purchase Expiration Date or (c) delivers a Purchase Confirmation Notice by the Response Deadline stating that it is undertaking or intends to undertake efforts to satisfy the conditions precedent set forth in Section 6.2 by the Purchase Expiration Date and the Closing has not occurred by the Purchase Expiration Date, then the Seller Parties shall, pursuant to Section 8.1(a)(v), have the right to terminate this Agreement at any time after the Response Deadline, the receipt of the Purchase Confirmation Notice or the Purchase Expiration Date, respectively. Nothing contained herein shall restrict the Buyer’s ability to cause the Parties to consummate the Transactions and effect the Closing at any earlier date prior to the termination of this Agreement.
TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with [Addressee Manager] under, and pursuant to, that certain Equity Distribution Agreement among the Partnership and UBS Securities LLC, Barclays Capital Inc., BMO Capital Markets Corp., Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, Citigroup Global Markets Inc., Xxxxxxxxx LLC, Mizuho Securities USA LLC, RBC Capital Markets, LLC, SunTrust Xxxxxxxx Xxxxxxxx, Inc., and Xxxxx Fargo Securities, LLC, dated August 3, 2017 (the “Agreement”). Please indicate your acceptance of the proposed terms below by acknowledgment included in a return electronic mail message. Upon acceptance, the particular Agency Transaction to which this Transaction Notice relates shall supplement, form a part of, and be subject to, the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms of the particular Agency Transaction to which this Transaction Notice relates are as follows: Trading Day(s) on which Units may be Sold: [ ], 20[ ], [ ], 20[ ] [ ], 20[ ] Maximum Amount to be Sold in the Aggregate: [ ], Maximum Number of Units to be Sold on each Trading Day: To be determined daily Floor Price: To be determined daily Compensation to [Addressee Manager]: [ ]% of the gross offering proceeds [Manager] [Address] [City, State Zip] Ladies and Gentlemen: EnLink Midstream Partners, LP, a Delaware limited partnership (the “Partnership”), proposes, subject to the terms and conditions stated herein, in the Schedule hereto and in the Equity Distribution Agreement, dated August 3, 2017 (the “Equity Distribution Agreement”), among the Partnership and UBS Securities LLC, Barclays Capital Inc., BMO Capital Markets Corp., Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, Citigroup Global Markets Inc., Xxxxxxxxx LLC, Mizuho Securities USA LLC, RBC Capital Markets, LLC, SunTrust Xxxxxxxx Xxxxxxxx, Inc., and Xxxxx Fargo Securities, LLC to issue and sell to [Addressee Manager] [ ] common units representing limited partner interests in the Partnership (the “Purchased Common Units”)[, and, solely for the purpose of covering over-allotments, to grant to [Addressee Manager] the option to purchase an additional [ ] common units representing limited partner interests in the Partnership (the “Additional Common Units”)]. Capitalized terms used but not otherwise defined herein shall have the meanings asc...
