CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable period set forth in the Issuance Notice is subject to the satisfaction, on each Trading Day during the applicable period set forth in the Issuance Notice, of each of the following conditions:
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. Section 5.01 Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Sales Agent to Sell Common Shares. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the Issuance Date for such Issuance Notice, and the obligation of the Sales Agent to sell Common Shares or any agreement by the Sales Agent to purchase Common Shares as principal is subject to the satisfaction, on the applicable Settlement Date(s), of each of the following conditions:
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Depositary Units during the applicable Selling Period is subject to the satisfaction, on each Trading Day during the Selling Period, of each of the following conditions:
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. (a) Conditions Precedent to the Delivery of an Issuance Notice and the Obligation of any Agent to Sell Shares During the Selling Period(s). The Company may not deliver an Issuance Notice hereunder, and no Agent will be obligated to use its commercially reasonable efforts to place Shares during the applicable Selling Period unless, on the date of the delivery of the Issuance Notice and on each Trading Day during the Selling Period, as applicable, of each of the following conditions is satisfied:
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. Section 5.01 Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of BNYMCM to Sell Common Shares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of BNYMCM to sell Common Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Settlement Date, of each of the following conditions:
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. Section 5.01 Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of to Sell Common Shares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of to use its commercially reasonable efforts consistent with its normal trading and sales practices to sell Common Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Settlement Date, of each of the following conditions:
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. The right of the Company to deliver an Issuance Notice hereunder or to enter into a Terms Agreement on the date of delivery of such Issuance Notice or entry into such Terms Agreement, as applicable, and the obligation of the Agent (i) to use its commercially reasonable efforts to place Shares during the applicable Selling Period or (ii) under any Terms Agreement with respect to any Shares that the Agent has agreed to purchase or has the option to purchase as principal pursuant to such Terms Agreement is each subject to the satisfaction, on each Trading Day during the Selling Period, in the case of the sale of Shares hereunder as a sales agent, or on each day beginning with the execution of the Terms Agreement and ending on the Settlement Date pursuant to such Terms Agreement, of each of the following conditions:
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. The obligations of the Agent hereunder with respect to an Issuance Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to the Agent in its reasonable judgment, and to the continuing satisfaction (or waiver by The Agent in its sole discretion) of the following additional conditions
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. Section 5.01 Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of KBCM to Sell Shares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of KBCM to sell Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Settlement Date, of each of the following conditions:
CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. 5.1 Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of BMOCMC to Sell Common Shares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of BMOCMC to sell Common Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Settlement Date, of each of the following conditions:
