Common use of Available Shares Clause in Contracts

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock, of the Maximum Amount.

Appears in 26 contracts

Sources: Sales Agreement (Watsco Inc), Sales Agreement (Watsco Inc), Sales Agreement (Indus Realty Trust, Inc.)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of the Maximum Amount.

Appears in 19 contracts

Sources: Equity Distribution Agreement (One Liberty Properties Inc), Equity Distribution Agreement (BRT Apartments Corp.), Equity Distribution Agreement (BRT Apartments Corp.)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of equal to the Maximum Amount.

Appears in 15 contracts

Sources: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock and/or Series D Preferred Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock and/or Series D Preferred Stock, of the Maximum Amount.

Appears in 8 contracts

Sources: Sales Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.), Sales Agreement (Summit Hotel Properties, Inc.)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Shares.

Appears in 3 contracts

Sources: Underwriting Agreement (Summit Hotel Properties, Inc.), Underwriting Agreement (Summit Hotel Properties, Inc.), Underwriting Agreement (Summit Hotel Properties, Inc.)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of Shares to enable the Maximum AmountCompany to satisfy its obligations under this Agreement and any Forward Contract.

Appears in 3 contracts

Sources: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock, of equal to the Maximum Amount.

Appears in 2 contracts

Sources: Equity Distribution Agreement (Essex Property Trust Inc), Equity Distribution Agreement (Essex Property Trust Inc)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of equal to the Maximum AmountAmount minus any Shares already sold hereunder.

Appears in 2 contracts

Sources: Equity Distribution Agreement (DXP Enterprises Inc), Equity Distribution Agreement (DXP Enterprises Inc)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock Shares to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common StockShares, of the Maximum Amount.

Appears in 2 contracts

Sources: At the Market Issuance Agreement (Taseko Mines LTD), Sales Agreement (Ym Biosciences Inc)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Securities until such time as such shares of Common Stock have been issued or the shares of Series A Preferred Stock have been redeemed.

Appears in 2 contracts

Sources: Underwriting Agreement (Plymouth Industrial REIT Inc.), Underwriting Agreement (Plymouth Industrial REIT Inc.)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Preferred Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Preferred Stock, of the Maximum Amount.

Appears in 2 contracts

Sources: At Market Issuance Sales Agreement (Armour Residential REIT, Inc.), At Market Issuance Sales Agreement (Armour Residential REIT, Inc.)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock Shares to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common StockShares, of the Maximum Amount.

Appears in 1 contract

Sources: Sales Agreement (Office Properties Income Trust)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock, of the Maximum Offering Amount.

Appears in 1 contract

Sources: Equity Distribution Agreement (Supertel Hospitality Inc)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Securities until such time as such shares of Common Stock have been issued or the shares of Series D Preferred Stock have been redeemed.

Appears in 1 contract

Sources: Underwriting Agreement (Sotherly Hotels Lp)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock Shares to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common StockShares, of the Maximum AmountShares.

Appears in 1 contract

Sources: Sales Agreement (Franklin Street Properties Corp /Ma/)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock, of the Maximum Program Amount.

Appears in 1 contract

Sources: Sales Agreement (ESS Tech, Inc.)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Securities until such time as such shares of Common Stock have been issued or the shares of Series B Preferred Stock have been redeemed.

Appears in 1 contract

Sources: Underwriting Agreement (Sotherly Hotels Lp)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out of its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Securities until such time as such shares of Common Stock have been issued or the shares of Series C Preferred Stock have been redeemed.

Appears in 1 contract

Sources: Underwriting Agreement (Sotherly Hotels Lp)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stock, of the Maximum Amountmaximum number of shares of Common Stock issuable upon conversion of the Securities.

Appears in 1 contract

Sources: Underwriting Agreement (Summit Hotel Properties, Inc.)

Available Shares. The Company will ensure that there are at all times sufficient shares of Common Stock and Series A Preferred Stock to provide for the issuance, free of any preemptive rights, out its authorized but unissued shares of Common Stockcapital stock, of the Maximum Amountaggregate amount of Common Shares and Preferred Shares issuable under the terms of this Agreement.

Appears in 1 contract

Sources: Equity Distribution Agreement (Armour Residential REIT, Inc.)