Common use of Certain Blackout Periods Clause in Contracts

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company shall not offer, sell or deliver, or request the offer or sale of, any Placement Securities and, by notice to [MKT NAME] given by telephone (confirmed promptly by facsimile transmission or email), shall cancel any instructions for the offer or sale of any Securities, and [MKT NAME] shall not be obligated to offer or sell any Securities, during (i) any period in which the Company is in possession of material non-public information or (ii) except as provided in Section 6(h) below, at any time during the period commencing on the 7th business day prior to the time on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations 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 “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and Jefferies agree that no sales of Placement Securities shall take place, and the Company shall not offer, sell or deliver, or request the offer or sale of, of any Placement Securities and, by notice to [MKT NAME] given by telephone (confirmed promptly by facsimile transmission or email), shall cancel any instructions for the offer or sale of any Securitiesthat would be sold, and [MKT NAME] Jefferies shall not be obligated to offer or sell any Securitiessell, during (i) during any period in which the Company is in possession of material non-public information (and, if a Placement Notice is then pending, the Company shall promptly inform Jefferies that the Company is in possession of such information) or (ii) except as provided in Section 6(h6(g) below, at any time during from and including the period commencing on the 7th business day prior to the time date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations 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 “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company shall not offer, sell or deliver, or request the offer or sale of, any Placement Securities and, by notice to [MKT NAME] Xxxxx Fargo Securities given by telephone (confirmed promptly by facsimile transmission or email), shall cancel any instructions for the offer or sale of any Securities, and [MKT NAME] Xxxxx Fargo Securities shall not be obligated to offer or sell any Securities, during (i) any period in which the Company is in possession of material non-public information or (ii) except as provided in Section 6(h) below, at any time during the period commencing on the 7th business day prior to the time on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations 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 “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and the Managers, the Forward Sellers and the Forward Purchasers agree that the Company shall not offer, sell or deliver, or request the offer Managers or sale of, any Placement Securities and, by notice the Forward Sellers to [MKT NAME] given by telephone (confirmed promptly by facsimile transmission or email), shall cancel any instructions for sell and the offer or sale of any Securities, Managers and [MKT NAME] the Forward Sellers shall not be obligated to offer or sell and the Forward Purchasers shall not be obligated to borrow, any Securities, during Shares that would be sold (i) during any period in which the Company is is, or could be deemed to be, in possession of material non-public information or (ii) except as provided in Section 6(h7(g) below, at any time during from and including the period commencing on the 7th business day prior to the time date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations 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 “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company and Bxxxx agree that no sales of Placement Securities shall take place, and the Company shall not offer, sell or deliver, or request the offer or sale of, of any Placement Securities and, by notice to [MKT NAME] given by telephone (confirmed promptly by facsimile transmission or email), shall cancel any instructions for the offer or sale of any Securitiesthat would be sold, and [MKT NAME] Bxxxx shall not be obligated to offer or sell any Securitiessell, during (i) except pursuant to a trading plan adopted in accordance with Rule 10b5-1 under the 1934 Act, during any period in which the Company is in possession of material non-public information (and, if a Placement Notice is then pending, the Company shall promptly inform Bxxxx that the Company is in possession of such information) or (ii) except as provided in Section 6(h6(g) below, at any time during from and including the period commencing on the 7th business day prior to the time date (each, an “Announcement Date”) on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations 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 “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company shall not offer, sell or deliver, or request the offer or sale of, any Placement Securities and, by notice to [MKT NAME] RBC Capital Markets given by telephone (confirmed promptly by facsimile transmission or email), shall cancel any instructions for the offer or sale of any Securities, and [MKT NAME] RBC Capital Markets shall not be obligated to offer or sell any Securities, during (i) any period in which the Company is in possession of material non-public information or (ii) except as provided in Section 6(h) below, at any time during the period commencing on the 7th business day prior to the time on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations 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 “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company shall not offer, sell or deliver, or request the offer or sale of, any Placement Securities and, by notice to [MKT NAME] SunTrust given by telephone (confirmed promptly by facsimile transmission or email), shall cancel any instructions for the offer or sale of any Securities, and [MKT NAME] SunTrust shall not be obligated to offer or sell any Securities, during (i) any period in which the Company is in possession of material non-public information or (ii) except as provided in Section 6(h) below, at any time during the period commencing on the 7th business day prior to the time on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations 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 “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.

Certain Blackout Periods. Notwithstanding any other provision of this Agreement, the Company shall not offer, sell or deliver, or request the offer or sale of, any Placement Securities and, by notice to [MKT NAME] BofA Xxxxxxx Xxxxx given by telephone (confirmed promptly by facsimile transmission or email), shall cancel any instructions for the offer or sale of any Securities, and [MKT NAME] BofA Xxxxxxx Xxxxx shall not be obligated to offer or sell any Securities, during (i) any period in which the Company is in possession of material non-public information or (ii) except as provided in Section 6(h) below, at any time during the period commencing on the 7th business day prior to the time on which the Company shall issue a press release containing, or shall otherwise publicly announce, its earnings, revenues or other results of operations 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 “Filing Time”) a Quarterly Report on Form 10-Q or an Annual Report on Form 10-K that includes consolidated financial statements as of and for the same period or periods, as the case may be, covered by such Earnings Announcement.