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 to offer or sell, any Securities through Xxxxx as agent (and, by notice to Xxxxx 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 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(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 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 any Manager to offer or sell, any Securities Shares through Xxxxx such Manager as agent (and, by notice to Xxxxx such Manager given by telephone (confirmed promptly by facsimile transmission, 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 Xxxxx such Manager 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(g3(f)(i) 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 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 SunTrust to offer or sell, any Securities through Xxxxx SunTrust as agent (and, by notice to Xxxxx SunTrust 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 SunTrust 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(g6(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 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 Ladenburg to offer or sell, any Securities through Xxxxx Ladenburg as agent (and, by notice to Xxxxx Ladenburg 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 Ladenburg 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(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 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 to offer or sell, any Securities through Xxxxx as agent (and, by notice to Xxxxx 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 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(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 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 KeyBanc to offer or sell, any Securities through Xxxxx KeyBanc as agent (and, by notice to Xxxxx KeyBanc 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 KeyBanc 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(g6(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 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 Ladenburg to offer or sell, any Securities through Xxxxx Ladenburg as agent (and, by notice to Xxxxx Ladenburg 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 Ladenburg 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(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 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 to request the offer or sellsale of, any Securities through Xxxxx as agent (Placement Shares and, by notice to Xxxxx the Agents, Forward Purchasers, and Forward Sellers, given by telephone (confirmed promptly by facsimile transmission, telecopy transmission or email)), shall cancel any instructions for any such the offer or sale of any Securities prior to the commencement of the periods referenced below)Placement Shares, and Xxxxx the Agents, Forward Purchasers, and Forward Sellers shall not be obligated to make any such offer or sale of Securitiessell any Placement 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(g6(i) 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. (1) Notwithstanding any other provision of this Agreement, the Company shall not offer or sell, or instruct Xxxxx any Agent to offer or sell, any Securities through Xxxxx such Agent as agent (and, by notice to Xxxxx such 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 Xxxxx no 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(g6(e)(2) hereof, at any time from and including during the date period commencing on which the 10th Trading 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 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.