Common use of Black-out Limitations Clause in Contracts

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent to offer or sell, any Securities through the Sales Agent as agent (and, by notice to the Sales Agent given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), and the Sales Agent shall not be obligated to make any such offer or sale of Securities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(1) hereof, at any time during the period commencing on the 10th business day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company Partnership shall not offer or sell, or instruct the Sales Agent any Manager to offer or sell, any Securities Units through the Sales Agent such Manager as agent (and, by notice to the Sales Agent such Manager given by telephone (confirmed promptly by telecopy facsimile or email), shall cancel any instructions for any such offer or sale of any Securities Units prior to the commencement of the periods referenced below), and the Sales Agent such Manager shall not be obligated to make any such offer or sale of SecuritiesUnits, (i) during any period in which the Company Partnership is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(13(f)(i) hereof, at any time during the period commencing on the 10th business day prior to the time the Company Partnership issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company Partnership files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. i. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent Univest to offer or sell, any Securities Placement Shares through the Sales Agent Univest as agent (and, by notice to the Sales Agent Univest given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Securities Placement Shares prior to the commencement of the periods referenced below), and the Sales Agent Univest shall not be obligated to make any such offer or sale of SecuritiesPlacement Shares, (ix) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (iiy) except as provided in Section 6(f)(15(f)(ii) hereof, at any time during the period commencing on the 10th business day tenth (10th) Business Day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. i. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent Westpark to offer or sell, any Securities Placement Shares through the Sales Agent Westpark as agent (and, by notice to the Sales Agent Westpark given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Securities Placement Shares prior to the commencement of the periods referenced below), and the Sales Agent Westpark shall not be obligated to make any such offer or sale of SecuritiesPlacement Shares, (ix) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (iiy) except as provided in Section 6(f)(15(f)(ii) hereof, at any time during the period commencing on the 10th business day tenth (10th) Business Day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company Partnership shall not offer or sell, or instruct the Sales Agent any Manager to offer or sell, any Securities Units through the Sales Agent such Manager as agent hereunder (and, by notice to the Sales Agent such Manager given by telephone (confirmed promptly by telecopy facsimile or email), shall cancel any instructions for any such offer or sale of any Securities Units prior to the commencement of the periods referenced below), and the Sales Agent such Manager shall not be obligated to make any such offer or sale of SecuritiesUnits, in each case, (i) during any period in which the Company is, or could be deemed to be, Partnership is in possession of material non-public information or (ii) except as provided in Section 6(f)(13(f)(i) hereof, at any time during the period commencing on the 10th business day prior to the time the Company Partnership issues a press release containing, or shall otherwise publicly announce, its earnings, earnings or revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company Partnership files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Placement Agent to offer or sell, any Securities through the Sales Placement Agent as agent (and, by notice to the Sales Placement Agent given by telephone (confirmed promptly by facsimile transmission, telecopy or email)), shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), and the Sales Placement Agent shall not be obligated to make any such offer or sale of Securities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(16(g) hereof, at any time during from and including the period commencing date on the 10th business day prior to the time which the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q 10‑Q or an Annual Report on Form 10-K 10‑K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent FBR to offer or sell, any Securities Placement Shares through the Sales Agent FBR as agent (and, by notice to the Sales Agent FBR given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Securities Placement Shares prior to the commencement of the periods referenced below), and the Sales Agent FBR shall not be obligated to make any such offer or sale of SecuritiesPlacement Shares, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(15(e)(i) hereof, at any time during the period commencing on the 10th business day Business Day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent BMO Capital Markets to offer or sell, any Securities through the Sales Agent BMO Capital Markets as agent (and, by notice to the Sales Agent BMO Capital Markets given by telephone (confirmed promptly by facsimile transmission, telecopy or email), shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), and the Sales Agent BMO Capital Markets shall not be obligated to make any such offer or sale of Securities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(16(g) hereof, at any time during from and including the period commencing date on the 10th business day prior to the time which the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q 10‑Q or an Annual Report on Form 10-K 10‑K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent Capital One Securities to offer or sell, any Securities through the Sales Agent Capital One Securities as agent (and, by notice to the Sales Agent Capital One Securities given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), and the Sales Agent Capital One Securities shall not be obligated to make any such offer or sale of Securities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(1) hereof, at any time during from and including the period commencing date on the 10th business day prior to the time which the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent to offer or sell, any Securities through the Sales Agent as agent (and, by notice to the Sales Agent given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), and the Sales Agent shall not be obligated to make any such offer or sale of Securities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(1) hereof, at any time during the period commencing on the 10th business day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a ““ Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent any Manager to offer or sell, any Securities through the Sales Agent such Manager as agent (and, by notice to the Sales Agent such Manager given by telephone (confirmed promptly by telecopy facsimile or email), shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), and the Sales Agent such Manager shall not be obligated to make any such offer or sale of Securities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(1) hereof, at any time during the period commencing on the 10th business day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent Xxxxxxx Xxxxx to offer or sell, any Securities through the Sales Agent Xxxxxxx Xxxxx as agent (and, by notice to the Sales Agent Xxxxxxx Xxxxx given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), and the Sales Agent Xxxxxxx Xxxxx shall not be obligated to make any such offer or sale of Securities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(1) hereof, at any time during from and including the period commencing date on the 10th business day prior to the time which the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company Partnership shall not offer or sell, or instruct the Sales Agent any Manager to offer or sell, any Securities Units through the Sales Agent such Manager as agent hereunder (and, by notice to the Sales Agent such Manager given by telephone (confirmed promptly by telecopy facsimile or email), shall cancel any instructions for any such offer or sale of any Securities Units prior to the commencement of the periods referenced below), and the Sales Agent such Manager shall not be obligated to make any such offer or sale of SecuritiesUnits, in each case, (i) during any period in which the Company Partnership is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(13(f)(i) hereof, at any time during the period commencing on the 10th business day prior to the time the Company Partnership issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company Partnership files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent Xxxxxxx Sachs to offer or sell, any Securities through the Sales Agent Xxxxxxx Xxxxx as agent (and, by notice to the Sales Agent Xxxxxxx Sachs given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), and the Sales Agent Xxxxxxx Xxxxx shall not be obligated to make any such offer or sale of Securities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(1) hereof, at any time during from and including the period commencing date on the 10th business day prior to the time which the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent JMP Securities to offer or sell, any Securities through the Sales Agent JMP Securities as agent (and, by notice to the Sales Agent JMP Securities given by telephone (confirmed promptly by facsimile transmission, telecopy or email), shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), and the Sales Agent JMP Securities shall not be obligated to make any such offer or sale of Securities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(16(g) hereof, at any time during from and including the period commencing date on the 10th business day prior to the time which the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q 10‑Q or an Annual Report on Form 10-K 10‑K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent Xxxxxxx Xxxxx to offer or sell, any Securities through the Sales Agent Xxxxxxx Xxxxx as agent (and, by notice to the Sales Agent Xxxxxxx Xxxxx given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), and the Sales Agent Xxxxxxx Xxxxx shall not be obligated to make any such offer or sale of Securities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information information, or (ii) except as provided in Section 6(f)(1) hereof, at any time during from and including the period commencing date on the 10th business day prior to the time which the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 twenty-four (24) hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. (1) Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Placement Agent to offer or sell, any Securities through the Sales Placement Agent as agent (and, by notice to the Sales Placement Agent given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), and the Sales Placement Agent shall not be obligated to make any such offer or sale of Securities, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(1) hereof, at any time during the period commencing on the 10th business day 15th Business Day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. (i) Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct the Sales Agent Rxxx to offer or sell, any Securities Shares through the Sales Agent Rxxx as agent (and, by notice to the Sales Agent Rxxx given by telephone (confirmed promptly by telecopy or email), shall cancel any instructions for any such offer or sale of any Securities Shares prior to the commencement of the periods referenced below), and the Sales Agent Rxxx shall not be obligated to make any such offer or sale of SecuritiesShares, (i) during any period in which the Company is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(15(e)(ii) hereof, at any time during the period commencing on the 10th business day prior to the time the Company issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company Partnership shall not offer or sell, or instruct the Sales Agent Manager to offer or sell, any Securities Units through the Sales Agent Manager as agent (and, by notice to the Sales Agent Manager given by telephone (confirmed promptly by telecopy facsimile or email), shall cancel any instructions for any such offer or sale of any Securities Units prior to the commencement of the periods referenced below), and the Sales Agent Manager shall not be obligated to make any such offer or sale of SecuritiesUnits, (i) during any period in which the Company Partnership is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(13(f)(i) hereof, at any time during the period commencing on the 10th business day prior to the time the Company Partnership issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company Partnership files a Quarterly Report quarterly report on Form 106-Q K or an Annual Report on Form 1020-K F (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.

Black-out Limitations. Notwithstanding any other provision of this Agreement, the Company Partnership shall not offer or sell, or instruct the Sales Agent Manager to offer or sell, any Securities Units through the Sales Agent Manager as agent (and, by notice to the Sales Agent Manager given by telephone (confirmed promptly by telecopy facsimile or email), shall cancel any instructions for any such offer or sale of any Securities Units prior to the commencement of the periods referenced below), and the Sales Agent Manager shall not be obligated to make any such offer or sale of SecuritiesUnits, (i) during any period in which the Company Partnership is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(f)(13(f)(i) hereof, at any time during the period commencing on the 10th business day prior to the time the Company Partnership issues a press release containing, or shall otherwise publicly announce, its earnings, revenues or other operating results for a fiscal period or periods (each, an “Earnings Announcement”) through and including the time that is 24 hours after the time that the Company Partnership files a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K (a “Filing Time”) that includes consolidated financial statements as of and for the same fiscal period or periods, as the case may be, covered by such Earnings Announcement.