Common use of Additional Issuance and Sale by the Company Clause in Contracts

Additional Issuance and Sale by the Company. (a) In the event that (i) all of the conditions to effectiveness set forth in Section 3 of the applicable Forward Agreement are not satisfied on or prior to the Closing Date or the Option Conditions are not satisfied on the Option Closing Date, as the case may be, and a Forward Seller elects, pursuant to Section 2(b) or 2(c), not to deliver the Firm Shares or the Additional Shares, or (ii) in the commercially reasonable judgment of a Forward Counterparty, its affiliated Forward Seller is unable to borrow and deliver for sale under this Agreement all of the Firm Shares or Additional Shares set forth in Schedule I-B opposite the name of such affiliated Forward Seller or if, in such Forward Counterparty’s commercially reasonable judgment, it would entail a stock loan cost in excess of 62.5 basis points per annum, the Company shall issue and sell in whole but not in part a number of shares of Common Stock equal to the number of shares that such Forward Seller does not deliver. The Representatives shall have the right to postpone the Closing Date or an Option Closing Date, as the case may be, for a period not exceeding one (1) business day in order to effect any required changes in any documents or arrangements.

Additional Issuance and Sale by the Company. (a) In the event that (i) all of the conditions to effectiveness set forth in Section 3 of the applicable Forward Agreement are not satisfied on or prior to the Closing Date or the Option Conditions are not satisfied on the Option Closing Date, as and the case may be, and a Forward Seller elects, elects pursuant to Section 2(b3(b) or 2(c), hereof not to deliver the Borrowed Firm Shares or the Additional Shares, Securities or (ii) in the commercially reasonable judgment of a the Forward CounterpartySeller, its affiliated Forward Seller it is unable to borrow and deliver for sale under this Agreement all of the Borrowed Firm Shares or Additional Shares Securities set forth in Schedule I-B to the Underwriting Agreement relating to the Offered Securities opposite the its name of such affiliated Forward Seller or ifor, in such the Forward CounterpartySeller’s commercially reasonable judgment, it borrowing such number of Borrowed Firm Securities would entail a stock loan cost in excess of 62.5 60 basis points per annum, and, in each case, pursuant to Section 3(b) hereof the Forward Seller elects not to deliver all of the Borrowed Firm Securities, the Company shall issue and sell in whole but not in part a number of shares of Common Stock Securities equal to the number of shares Borrowed Firm Securities that such the Forward Seller does not so borrow and deliver. The Representatives Upon the occurrence of any event described in the immediately preceding sentence, each of the Company and the Managers shall have the right to postpone the Closing Date or an Option Closing Date, as the case may be, for a period not exceeding one (1) business day in order to effect any required changes in any documents or arrangements.

Additional Issuance and Sale by the Company. (a) In the event that (i) all of the conditions to effectiveness set forth in Section 3 of the applicable Forward Agreement are not satisfied on or prior to the Closing Date or the Option Conditions are not satisfied on the Option First Closing Date, as and the case may be, and a Forward Seller elects, pursuant to Section 2(b3(b) or 2(c), not to deliver the Borrowed Firm Shares or the Additional SharesSecurities, or (ii) in the commercially reasonable judgment of a the Forward CounterpartySeller, its affiliated Forward Seller it is unable to borrow and deliver for sale under this Agreement all of the Borrowed Firm Shares or Additional Shares Securities set forth in Schedule I-B opposite the its name of such affiliated Forward Seller or if, in such the Forward CounterpartySeller’s commercially reasonable judgment, it borrowing such Borrowed Firm Securities would entail a stock loan cost in excess of 62.5 100 basis points per annum, the Company shall issue and sell in whole but not in part a number of shares of Common Stock Securities equal to the number of shares Securities that such the Forward Seller does not so borrow and deliver. The Representatives Upon the occurrence of any event described in the immediately preceding sentence, the Representative shall have the right to postpone the First Closing Date or an Option Closing Date, as the case may be, for a period not exceeding one (1) business day in order to effect any required changes in any documents or arrangements.

Additional Issuance and Sale by the Company. (a) In the event that (i) all of the conditions to effectiveness set forth in Section 3 of the applicable Forward Agreement are not satisfied on or prior to the Closing Date or the Option Conditions are not satisfied on the Option Closing Date, as and the case may be, and a Forward Seller elects, pursuant to Section 2(b3(b) or 2(c), hereof not to deliver the Borrowed Firm Shares or the Additional SharesSecurities, or (ii) in the commercially reasonable judgment of a the Forward CounterpartySeller, its affiliated Forward Seller it is unable to borrow and deliver for sale under this Agreement all of the Borrowed Firm Shares or Additional Shares Securities set forth in Schedule I-B to the Underwriting Agreement relating to the Offered Securities opposite the its name of such affiliated Forward Seller or if, in such the Forward CounterpartySeller’s commercially reasonable judgment, it borrowing such number of Borrowed Firm Securities would entail a stock loan cost in excess of 62.5 60 basis points per annum, the Company shall issue and sell in whole but not in part a number of shares of Common Stock Securities equal to the number of shares Borrowed Firm Securities that such the Forward Seller does not so borrow and deliver. The Representatives Upon the occurrence of any event described in the immediately preceding sentence, the Manager shall have the right to postpone the Closing Date or an Option Closing Date, as the case may be, for a period not exceeding one (1) business day in order to effect any required changes in any documents or arrangements.