Common use of Automatic Termination Clause in Contracts

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Notice.

Appears in 51 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

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Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Placement Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticeherein.

Appears in 29 contracts

Samples: Equity Distribution Agreement (Ready Capital Corp), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Capstead Mortgage Corp)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through by (1) the Sales Agent or the Forward Seller on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through or the Alternative Distribution Agreements Forward Sellers on the terms and subject to the conditions set forth therein in the Alternative Distribution Agreements or any Placement Notice.

Appears in 26 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent or the Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 19 contracts

Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (Terreno Realty Corp)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Placement Agent or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 15 contracts

Samples: Equity Distribution Agreement (American Assets Trust, L.P.), Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Xxxxx Fargo Securities on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 10 contracts

Samples: Equity Distribution Agreement (Digimarc CORP), Equity Distribution Agreement (Sovran Self Storage Inc), Equity Distribution Agreement (Core Laboratories N V)

Automatic Termination. Unless earlier terminated pursuant to this Section 1311, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 8 contracts

Samples: Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 7 contracts

Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.), Distribution Agreement (Ashford Hospitality Trust Inc)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein or in the Alternative Distribution Agreements, as applicable, with an aggregate sale price Sales Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Alpine Income Property Trust, Inc.), Equity Distribution Agreement (Alpine Income Property Trust, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein or the Alternative Distribution Agreements, as applicable, with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount Maximum Amount, or upon three years having elapsed since the Registration Statement was declared effective, as set forth in Section 1 of this Agreement or (2) Rule 415 under the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeSecurities Act.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein or the Alternative Distribution Agreements, as applicable, with an aggregate sale price Sale Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager on the terms and subject to the conditions set forth herein with an aggregate sale price, together with the aggregate sale price of shares of Common Stock sold under the Alternative Distribution Agreements, equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Geo Group Inc)

Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) or to the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticeherein.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Castle Brands Inc), Equity Distribution Agreement (Castle Brands Inc), Equity Distribution Agreement (ONCOSEC MEDICAL Inc)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (WGL Holdings Inc), Equity Distribution Agreement (Core Laboratories N V)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticeherein.

Appears in 3 contracts

Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxx Fargo Securities or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Hudson Pacific Properties, Inc.), Equity Distribution Agreement (American Assets Trust, Inc.), Equity Distribution Agreement (Regency Centers Lp)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Jefferies on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Sovran Self Storage Inc), Equity Distribution Agreement (Sovran Self Storage Inc)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 3 contracts

Samples: Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (American States Water Co), Equity Distribution Agreement (TCP Capital Corp.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) by the Sales Agent Agents and the Forward Sellers on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount Maximum Amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty Investment Trust)

Automatic Termination. Unless earlier terminated pursuant to this Section 1314, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Saratoga Investment Corp.), Equity Distribution Agreement (Saratoga Investment Corp.), Equity Distribution Agreement (Oxford Lane Capital Corp.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxx Fargo Securities or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)

Automatic Termination. Unless earlier terminated pursuant to this Section 1311, this Agreement shall automatically terminate upon the earlier of (i) the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or and (2ii) twenty-four (24) months from the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticedate hereof.

Appears in 2 contracts

Samples: Distribution Agreement (Capital Southwest Corp), Debt Distribution Agreement (Hercules Capital, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Baird or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxx Fargo Securities and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust), Equity Distribution Agreement (Washington Real Estate Investment Trust)

Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Barclays and issuance and sale of Securities through the Sales Agent Alternative Manager pursuant to the Alternative Equity Distribution Agreement on the terms and subject to the conditions set forth herein and therein with an aggregate sale sales price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Notice1.

Appears in 2 contracts

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

Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Hercules Technology Growth Capital Inc), Equity Distribution Agreement (Newtek Business Services Corp.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) BMO Capital Markets or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Jefferies or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Regency Centers Lp), American Assets Trust, Inc.

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Managers on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Cree, Inc.), Equity Distribution Agreement (Archrock, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 1314, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein or the Alternative Distribution Agreements, as applicable, with an aggregate sale price Sales Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (NexPoint Residential Trust, Inc.), Equity Distribution Agreement (NexPoint Residential Trust, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) BNYMCM and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust), Equity Distribution Agreement (Washington Real Estate Investment Trust)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent or the Alternative Agents on the terms and subject to the conditions set forth herein or the Alternative Distribution Agreements, as applicable, with an aggregate sale price Sale Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities Shares through (1) the Sales Agent Agents and/or Forward Sellers on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 1314, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject with an aggregate Sales Price equal to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.), Equity Distribution Agreement (NexPoint Real Estate Finance, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Placement Agent or the Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)

Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1i) the Sales Placement Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2ii) the Alternative Sales Agents Agent through the Alternative Distribution Agreements Other Sales Agreement on the terms and subject to the conditions set forth therein or any Placement Noticetherein.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Impac Mortgage Holdings Inc), Impac Mortgage Holdings Inc

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 0 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Notice.

Appears in 1 contract

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Barclays Capital or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Hudson Pacific Properties, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Placement Agents on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxx Fargo Securities or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein Maximum Amount or any Placement Noticeupon three years having elapsed since the Registration Statement became effective pursuant to Rule 462(e) under the Securities Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (Chambers Street Properties)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Capital One Securities and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxx Fargo Securities or the Sales Alternative Placement Agent on the terms and subject to the conditions set forth herein and in the Alternative Placement Agreement with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

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

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the earlier to occur of (i) the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement Maximum Amount or (2ii) three years having elapsed since the Alternative Sales Agents through Registration Statement became effective pursuant to Rule 462(e) under the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeSecurities Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (Extra Space Storage Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxxxx Sachs and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

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Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents and/or Forward Sellers on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

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

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price, together with the aggregate sale price of all LP Units sold under the Alternative Distribution Agreements, equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Distribution Agreement (Buckeye Partners, L.P.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxxxx Xxxxx or the Sales Alternative Placement Agent on the terms and subject to the conditions set forth herein and in the Alternative Placement Agreement with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

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

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the collective issuance and sale of all of the Placement Securities having an aggregate sale price equal to the Maximum Amount through (1) 2.%2.%3. the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth or in Section 1 of this Agreement any Placement Notice or (2) 3.%2.%3. the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or in any Placement Notice.

Appears in 1 contract

Samples: Equity Distribution Agreement (Gramercy Property Trust)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent BB&T on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sovran Self Storage Inc)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) RBC or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (American Assets Trust, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13Section, this Agreement agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Placement Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticeherein.

Appears in 1 contract

Samples: Equity Distribution Agreement (Genprex, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13‎13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) X.X. Xxxxxx Securities and/or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 ‎1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

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

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) RBC and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Distribution Agreement (DMC Global Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent [ ] on the terms and subject to the conditions set forth herein with an aggregate sale price, together with the aggregate sale price of shares of Common Stock sold under the Alternative Distribution Agreements, equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Geo Group Inc)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent or the Alternative Agents on the terms and subject to the conditions set forth herein or the Alternative Distribution Agreements, as applicable, with an aggregate sale price Aggregate Sales Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (STAG Industrial, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 1312, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Manager or the Alternative Managers on the terms and subject to the conditions set forth herein or in the Alternative Distribution Agreements, as applicable, with an aggregate sale price Sales Price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (CTO Realty Growth, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAuthorized Aggregate Gross Sale Price.

Appears in 1 contract

Samples: Equity Distribution Agreement (Portland General Electric Co /Or/)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the collective issuance and sale of all of the Placement Securities having an aggregate sale price equal to the Maximum Amount through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth or in Section 1 of this Agreement any Placement Notice or (2) the Alternative Sales Agents Managers through the Alternative alternative Distribution Agreements on the terms and subject to the conditions set forth therein or in any Placement Notice.

Appears in 1 contract

Samples: Equity Distribution Agreement (Gramercy Property Trust Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Life Storage Lp)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance offering and sale of all of the Placement Securities to or through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (National Health Investors Inc)

Automatic Termination. Unless earlier terminated pursuant to this Section 13. , this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities Shares through (1) the Sales Agent Agents and/or Forward Sellers on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 1. of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Elme Communities)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) X.X. Xxxxxx Securities and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (Jernigan Capital, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeMaximum Amount.

Appears in 1 contract

Samples: Equity Distribution Agreement (TCP Capital Corp.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent Agents on the terms and subject to the conditions set forth herein with an aggregate sale sales price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Astronics Corp)

Automatic Termination. Unless earlier terminated pursuant to this Section 13‎13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxxxx Xxxxx and/or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 ‎1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

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

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Placement Agent on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) BTIG and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 1. of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent SunTrust on the terms and subject to the conditions set forth herein with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Sovran Self Storage Inc)

Automatic Termination. Unless earlier terminated pursuant to this Section 13‎13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxx Fargo Securities and/or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 ‎1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

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

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) the Sales Agent on the terms and subject to the conditions set forth herein with an aggregate sale offering price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement Noticehereof.

Appears in 1 contract

Samples: Equity Distribution Agreement (Olympic Steel Inc)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) SunTrust and the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Equity Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust)

Automatic Termination. Unless earlier terminated pursuant to this Section 13, this Agreement shall automatically terminate upon the issuance and sale of all of the Placement Securities through (1) Xxxxxxx Xxxxx or the Sales Agent Alternative Placement Agents on the terms and subject to the conditions set forth herein and in the Alternative Distribution Agreements with an aggregate sale price equal to the amount set forth in Section 1 of this Agreement or (2) the Alternative Sales Agents through the Alternative Distribution Agreements on the terms and subject to the conditions set forth therein or any Placement NoticeAgreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Hudson Pacific Properties, Inc.)

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