ATM Facility definition

ATM Facility means the Company’s “at the market” facility with Virtu Financial for the issuances and sale of up to (but no more than) $209,000,000 of Common Stock at prevailing market prices from time to time.

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ATM Facility means the Company’s $10,000,000 at-the-market offering with Maxim Group LLC acting as sales agent, launched on September 25, 2020 pursuant to a registration statement on Form S-3 (Registration No. 333-248555).

ATM Facility shall have the meaning ascribed to such term in Section 11(b).

Examples of ATM Facility in a sentence

• For purposes hereof, any issuance or sale, or deemed issuance or sale, of shares of Common Stock in a calendar month under an ATM Facility shall not be aggregated with any such issuance or sale on any other calendar month.

• The Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the ATM Facility, the exercise of employee stock options under the Company’s stock option plans, the issuance of shares of Common Stock to employees pursuant to the Company’s employee stock purchase plans and pursuant to the conversion and/or exercise of Common Stock Equivalents outstanding as of the date of the most recently filed periodic report under the Exchange Act.

• Furthermore, the Company agrees that during ▇▇▇▇▇▇▇▇▇▇’▇ engagement hereunder, all inquiries, whether direct or indirect, from prospective investors, other than in connection with the ATM Facility, the Strategic Investors or the Existing Shareholders, will be referred to ▇▇▇▇▇▇▇▇▇▇ and will be deemed to have been contacted by ▇▇▇▇▇▇▇▇▇▇ in connection with an Offering.

• The date on which the Airport Director gives notice to Tenant that the first ATM Facility is ready for Tenant to take possession.

• Notwithstanding the prior sentence, for a period of 90 days after the date of the Prospectus, the Company will not offer, sell or contract to sell any securities pursuant to the ▇▇▇▇▇ ATM Facility.

More Definitions of ATM Facility

ATM Facility means that certain Form S-3 shelf registration statement and prospectus supplement with respect to Parent Borrower’s shares filed by Parent Borrower with the United States Securities and Exchange Commission providing for a so-called “shelf registration” of up to $75 million of shares of Parent Borrower’s Class A common stock, as may be amended from time to time. “Availability Amount” means, at any time, an amount equal to (a) the Revolving Line, minus (b) the outstanding aggregate principal balance of all Advances at such time, minus (c) the Ancillary Services Usage at such time. “Bank Expenses” means all: (a) reasonable and documented out-of-pocket costs or expenses (including reasonable and documented out-of-pocket attorneys’ fees and expenses) incurred in connection with the preparation, negotiation, administration, and enforcement of the Loan Documents, (b) reasonable Collateral audit fees, and (c) Bank’s reasonable and documented out-of-pocket attorneys’ fees and expenses incurred in amending, enforcing or defending the Loan Documents (including fees and expenses of appeal), incurred before, during and after an Insolvency Proceeding, whether or not suit is brought. “Blocked Person” means any Person: (a) listed in the annex to, or is otherwise subject to the provisions of, Executive Order No. 13224, (b) a Person owned or controlled by, or acting for or on behalf of, any Person that is listed in the annex to, or is otherwise subject to the provisions of, Executive Order No. 13224, (c) a Person with which Bank is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law, (d) a Person that commits, threatens or conspires to commit or supports “terrorism” as defined in Executive Order No. 13224, or (e) a Person that is named a “specially designated national” or “blocked person” on the most current list published by OFAC or other similar list. “Board of Directors” means, with respect to any Person that is a corporation, its board of directors, with respect to any Person that is a limited liability company, its board of managers, board of members or similar governing body, and with respect to any other Person that is another form of a legal entity, such Person’s governing body in accordance with its organizational documents. “Borrower” means, individually and collectively, jointly and severally, the Original Borrower and each Additional Borrower. “Borrower’s Books” means all of ▇▇▇▇▇▇▇▇’s books and records including: ledgers;...

ATM Facility means that certain Open Market Sale Agreement, dated as of October 9, 2020, as amended on September 13, 2022, by and between the Company and J▇▇▇▇▇▇▇▇ LLC acting as sales agent, and as such agreement may be amended from time to time.

ATM Facility means an “at market issuance” sales agreement or similar agreement pursuant to which the Borrower may sell from time to time, at its option, its shares of common stock.

ATM Facility means the Company’s $40,000,000 Controlled Equity Offering offering with ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ & Co. acting as sales agent, launched on June 8, 2023 pursuant to the Registration Statement.

ATM Facility is defined in the definition of Term B Milestone Event.

ATM Facility means the existing ATM improvements which are part of the Premises.

ATM Facility means the Company’s “at-the-market” offering facility with Cantor ▇▇▇▇▇▇▇▇▇▇ & Co., or any subsequent sales agent thereto.