Common use of Conditions Precedent to the Right of the Clause in Contracts

Conditions Precedent to the Right of the. Company To Deliver a Transaction Notice and the Obligation of the Sales Agent and the Forward Seller to Sell Shares During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder is subject to the satisfaction, on the date of delivery of such Transaction Notice, and the obligations of each of the Sales Agent to sell Issuance Shares and the Forward Seller to sell Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Transaction Date and Settlement Date, of each of the following conditions:

Conditions Precedent to the Right of the. Company To to Deliver a Transaction Notice and the Obligation of the Sales Agent and the Forward Seller to Sell Shares During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder hereunder, and the obligations of each Sales Agent to sell Issuance Shares and the Forward Seller to sell and the Forward Purchaser to borrow the Forward Hedge Shares during the applicable Selling Period, is subject to the satisfaction, on the date of delivery of such Transaction Notice, and the obligations of each of the Sales Agent to sell Issuance Shares and the Forward Seller to sell Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on Notice or the applicable Transaction Date and Settlement Date, as applicable, of each of the following conditions:

Conditions Precedent to the Right of the. Company To to Deliver a Transaction Notice and the Obligation of the Sales Agent and the Forward Seller to Sell Shares During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder is subject to the satisfaction, on the date of delivery of such Transaction Issuance Notice, and the obligations of each of the Sales Agent to sell Issuance Shares and the Forward Seller to sell and the Forward Purchaser to borrow the Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Transaction Date and Settlement Date, of each of the following conditions:

Conditions Precedent to the Right of the. Company To to Deliver a Transaction Notice and the Obligation of the Sales Agent and the Forward Seller to Sell Shares During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder is subject to the satisfaction, on the date of delivery of such Transaction Issuance Notice, and the obligations of each of the Sales Agent to sell Issuance Shares and the Forward Seller to sell and the Forward Purchaser to borrow (or cause its affiliate to borrow) the Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Transaction Date and Settlement Date, of each of the following conditions: