Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise CF&Co promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to CF&Co pursuant to this Agreement.
Appears in 16 contracts
Samples: Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (U-Store-It Trust), Sales Agreement (Cedar Shopping Centers Inc)
Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice Notice, or sell sells Placement Shares, advise CF&Co as promptly after it shall have received notice or obtained knowledge thereofas reasonably practicable prior to the delivery of such Placement Notice, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to CF&Co pursuant to this Agreement.
Appears in 8 contracts
Samples: Sales Agreement (Gladstone Commercial Corp), Sales Agreement (Gladstone Commercial Corp), Sales Agreement (Chatham Lodging Trust)
Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice or sell sells Placement Shares, advise CF&Co promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to CF&Co pursuant to this Agreement.
Appears in 6 contracts
Samples: Sales Agreement (DiamondRock Hospitality Co), Sales Agreement (Uranium Energy Corp), Sales Agreement (DiamondRock Hospitality Co)
Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice or sell sells Placement Shares, advise CF&Co as promptly after it shall have received notice or obtained knowledge thereofas reasonably possible prior to the delivery of such Placement Notice, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to CF&Co pursuant to this Agreement.
Appears in 5 contracts
Samples: Sales Agreement (Lexington Realty Trust), Sales Agreement (Anworth Mortgage Asset Corp), Sales Agreement (HRPT Properties Trust)
Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company has tendered or intends to tender a Placement Notice or sell Placement Shares, advise CF&Co promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to CF&Co pursuant to this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (American Capital Agency Corp), Sales Agreement (American Capital Agency Corp), Sales Agreement (PennyMac Mortgage Investment Trust)
Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise CF&Co promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter, comfort letter or other document the like provided to CF&Co pursuant to Section 7 of this Agreement.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Essex Property Trust Inc), Distribution Agreement (Essex Property Trust Inc), Equity Distribution Agreement (Essex Property Trust Inc)
Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company has tendered a pending Placement Notice or intends to tender a Placement Notice or sell Placement Shares, advise CF&Co promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to CF&Co pursuant to this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (Hatteras Financial Corp), Sales Agreement (Hatteras Financial Corp), Sales Agreement (CapLease, Inc.)
Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise CF&Co promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document to be provided to CF&Co pursuant to this Agreement.
Appears in 3 contracts
Samples: Sales Agreement (First Potomac Realty Trust), Sales Agreement (First Potomac Realty Trust), Sales Agreement (First Potomac Realty Trust)
Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice or sell sells Placement Shares, advise CF&Co promptly within a reasonable time after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to CF&Co pursuant to this Agreement.
Appears in 1 contract
Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise CF&Co promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any representation, opinion, certificate, letter or other document provided or made to CF&Co pursuant to this Agreement.
Appears in 1 contract
Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender tenders a Placement Notice or sell sells Placement Shares, advise CF&Co promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to CF&Co with respect to such Placement Notice or Placement Shares pursuant to this Agreement.
Appears in 1 contract
Samples: Sales Agreement (Clearwire Corp /DE)
Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement Shares, advise CF&Co promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document provided to CF&Co pursuant to this Agreement.
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Change of Circumstances. The Company will, at any time during a fiscal quarter in which the Company intends to tender a Placement Notice or sell Placement SharesSecurities, advise CF&Co promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter, comfort letter or other document the like provided to CF&Co pursuant to Section 7 of this Agreement.
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