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 Xxxxx Fargo Securities to offer or sell, any Securities through Xxxxx Fargo Securities as agent (and, by notice to Xxxxx Fargo 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 Xxxxx Fargo 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 from and including the date on 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 Xxxxx Fargo Securities to offer or sell, any Securities through Xxxxx Fargo Securities as agent (and, by notice to Xxxxx Fargo 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 Xxxxx Fargo 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 from and including during the date period commencing on which 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, (A) the Company shall not offer or sell, or instruct Xxxxx Fargo Securities the Agents to offer or sell, any Securities through Xxxxx Fargo Securities as agent (and, by notice to Xxxxx Fargo Securities such Agents given by telephone (confirmed promptly by telecopy or email), (B) the Company shall cancel any instructions for any such offer or sale of any Securities prior to the commencement of the periods referenced below), ) and Xxxxx Fargo Securities (C) the Agents shall not be obligated to make any such offer or sale of Securities, in each case, (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 from and including during the period commencing on the 10th business day prior to the date on 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 Xxxxx Fargo Securities BMO Capital Markets to offer or sell, any Securities through Xxxxx Fargo Securities BMO Capital Markets as agent (and, by notice to Xxxxx Fargo Securities 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 Xxxxx Fargo Securities 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 from and including the date on 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 Xxxxx Fargo Securities to offer or sell, any Securities through Xxxxx Fargo Securities as agent (and, by notice to Xxxxx Fargo 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 Xxxxx Fargo 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 from and including the date on 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 Xxxxx Fargo JMP Securities to offer or sell, any Securities through Xxxxx Fargo JMP Securities as agent (and, by notice to Xxxxx Fargo 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 Xxxxx Fargo 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 from and including the date on 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 Xxxxx Fargo Xxxxxxxxxx Securities to offer or sell, any Securities through Xxxxx Fargo Xxxxxxxxxx Securities as agent (and, by notice to Xxxxx Fargo Xxxxxxxxxx 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 Xxxxx Fargo Xxxxxxxxxx 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 from and including the date on 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 Xxxxx Fargo Securities each Agent to offer or sell, any Securities through Xxxxx Fargo Securities such Agent, as agent a Designated Agent (and, by notice to Xxxxx Fargo Securities the Designated 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 Xxxxx Fargo Securities such 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, is in possession of material non-public information or inside information (as defined in the EU Market Abuse Regulation) or (ii) except as provided in Section 6(f)(1) hereof, at any time from and including during the date period commencing on which 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.