TRANSACTION NOTICE Sample Clauses

TRANSACTION NOTICE. On any Trading Day during the Commitment Period, the Company may deliver a Transaction Notice to KBCM (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 KBCM or the Forward Seller, which may be withheld in KBCM’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, KBCM 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 [•] under, and pursuant to, that certain Equity Distribution Agreement between the New York City REIT, Inc., a Maryland corporation (the “Company”), and New York City Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and Truist Securities, Inc. and B. Xxxxx Securities, Inc. (each an “Agent” and collectively, the “Agents”), dated September [__], 2020 (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, NEW YORK CITY REIT, INC. By: Name: Title: NEW YORK CITY OPERATING PARTNERSHIP, L.P. By: New York City REIT, Inc., its general partner By: Name: Title: [•] By: Name: Title: [•] Ladies and Gentlemen: New York City REIT, 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 September [ ], 2020 (the “Equity Distribution Agreement”), between the Company and New York City Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and Truist Securities, Inc. and B. Xxxxx Securities, Inc. (each an “Agent” and collectively, the “Agents”), to issue and sell to [•] [______] shares of the Company’s Class A common stock, par value $0.01 per share (the “Purchased Shares”) [, and, solely for the purpose of covering over-allotments, to grant to [•] the option to purchase an additional [______] shares of such common stock (the “Additional Shares”)]. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. [[•] shall have the right to purchase from the Company all or...

TRANSACTION NOTICE. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with a Manager under, and pursuant to, that certain Equity Distribution Agreement between the Company and the Managers, dated March 18, 2015 (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[ . ] Very truly yours, By: Name: Title: Accepted and agreed as of the date first above written: [·] By: Name: Title: [·] Ladies and Gentlemen: Halcón Resources Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, in Schedule hereto and in the Equity Distribution Agreement, dated March 18, 2015 (the “Equity Distribution Agreement”), between the Company and BMO Capital Markets Corp., Xxxxxxxxx LLC and MLV & Co. LLC (“the Managers” and each a “Manager”), to issue and sell to the undersigned Manager [ ] shares of the Company’s common stock, par value $[ . ] per share (the “Purchased Shares”)[, and, solely for the purpose of covering over-allotments, to grant to the Manager the option to purchase an additional [ ] shares of such common stock (the “Additional Shares”)]. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. [The Manager shall have the right to purchase from the Company all or a portion of the Additional Shares as may be necessary to cover over-allotments made in connection with the offering of the Purchased Shares at the same purchase price per share to be paid by the Manager to the Company for the Purchased Shares. This option may be exercised by the Manager at any time (but not more than once) on or before the thirtieth day following the date of this Terms Agreement, by written notice to the Company. Such notice shall set forth the aggregate number of Additional Shares as to which the option is ...

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 Cantor Xxxxxxxxxx & Co., dated February 9, 2010 (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 CF&Co unless CF&Co 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 February 9, 2010 by and among Post Properties, Inc., a Georgia corporation (the “Company”), Post Apartment Homes, L.P., a Georgia limited partnership (the “Operating Partnership”) and Cantor Xxxxxxxxxx & Co. 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. 333-163895) (the “Registration Statement”) and the prospectus dated December 21, 2009 (the “Basic Prospectus”), as supplemented by the prospectus supplement dated February 9, 2010 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...

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. Ladies and Gentlemen: The purpose of this Transaction Notice is to propose certain terms of the Agency Transaction entered into with [BMO Capital Markets Corp., RBC Capital Markets, LLC and Xxxxxxx Xxxxx & Associates, Inc.], under, and pursuant to, that certain Equity Distribution Agreement among the Company and BMO Capital Markets Corp., RBC Capital Markets, LLC and Xxxxxxx Xxxxx & Associates, Inc., dated September 9, 2016 (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[__.__] Very truly yours, COEUR MINING, INC. By:______________________________ Name: Title: Accepted and agreed as of the date first above written: By: ___________________________ Name: Title: By: ___________________________ Name: Title: XXXXXXX XXXXX & ASSOCIATES, INC. ] By: ___________________________ Name: Title: BMO Capital Markets Corp. 0 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxxxx Xxxxx & Associates, Inc. 000 Xxxxxxxx Xxxxxxx Xx. Xxxxxxxxxx, XX 00000 RBC Capital Markets, LLC 000 Xxxxx Xxxxxx, 8th Floor Brookfield Place New York Xxx Xxxx, XX 00000 Ladies and Gentlemen: Coeur Mining, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, in Schedule hereto and in the Equity Distribution Agreement, dated September 9, 2016 (the “Equity Distribution Agreement”), among the Company and BMO Capital Markets Corp., RBC Capital Markets, LLC and Xxxxxxx Xxxxx & Associates, Inc., to issue and sell to [BMO Capital Markets Corp., RBC Capital Markets, LLC and Xxxxxxx Xxxxx & Associates, Inc.] (the “Agent”) [_______] shares of the Company’s common stock, par value $[_.__] per share (the “Purchased Shares”)[, and, solely for the purpose of covering over-allotments, to grant to the Agent the option to purchase an additional [_______] shares of such common stock (the “Additional Shares”)]. Capitalize...

TRANSACTION NOTICE. The execution of orders shall be the subject of a contract note that the Bank will, except in the event of technical incident or force majeure, send to the Client by letter as soon as possible and in any event within 24 working hours of the time when the Bank was informed of the conditions for execution of the order, . The transaction notice will notably contain the following information: - identification of the Bank; - corporate name of the Client or any other designation concerning it (e.g. account number); - day of trading; - time of trading, - type of instruction; - identification of the place of execution; - identification of the financial instrument; - buy / sell indicator - the type of order if neither a purchase nor a sale; - volume; - 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 it, at its 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 invited to contact the Bank if no transaction notice is received within a period of three consecutive working days. The Bank will then send another transaction notice to the Client.