Common use of Delivery of Registration Statement and Prospectus Clause in Contracts

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller and their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 16 contracts

Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP), Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

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Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Manager and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectus that are filed with the Commission during any period in which a Prospectus relating to the Placement Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Manager may from time to time reasonably request and, at the Manager’s request; provided, however, that will also furnish copies of the Company shall not Prospectus to each exchange or market on which sales of the Placement Shares may be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXXmade. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Manager will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.T. Notwithstanding the foregoing, the Company will not be required to furnish any document (other than the Prospectus) to the Manager to the extent such document is available on XXXXX.

Appears in 7 contracts

Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Seller, the Forward Purchaser and their respective counsel (at the expense of the Company) copies of the Registration StatementStatement (including exhibits thereto), the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Shares is required by the Securities Act to be delivered in connection with a pending sale of the Shares (including, without limitation, pursuant to Rule 172 under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference thereinAct), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and Agent, the Forward Seller or the Forward Purchaser may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or Agent, the Forward Seller and the Forward Purchaser to the extent such document is available on XXXXX. The copies of the Registration Statement, the Prospectus, any amendments or supplements to the Registration Statement and the Prospectus or Prospectus, and any supplements or amendments thereto Issuer Free Writing Prospectuses, furnished to Agent, the Sales Agent Forward Seller and the Forward Seller Purchaser will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Equity One, Inc.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Manager and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectus that are filed with the Commission during any period in which a Prospectus relating to the Placement Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Manager may from time to time reasonably request and, at the Manager’s request; provided, however, that will also furnish copies of the Company shall not Prospectus to each exchange or market on which sales of the Placement Shares may be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXXmade. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Manager will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.T. Notwithstanding the foregoing, the Company will not be required to furnish any document (other than the Prospectus) to the Manager to the extent such document is available on EXXXX.

Appears in 5 contracts

Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales [Agent, the Forward Seller ] and their its counsel (at the expense of the Company) copies of the Registration Statement, Statement and the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to any of the Placement Shares or Purchased Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein)Act, in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller [Agent] may from time to time reasonably request and, at [Agent]’s request, will also furnish copies of the Prospectus to each exchange or market on which sales of the Placement Shares or Purchased Securities may be made; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller [Agent] to the extent such document is available on XXXXXIDEA. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller [Agent] will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXIDEA, except to the extent permitted by Regulation S-T.

Appears in 4 contracts

Samples: Terms Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Terms Agreement (Essex Portfolio Lp)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales AgentManager, the Forward Seller Seller, the Forward Purchaser and their respective counsel (at the expense of the Company) ), on or before their respective due dates, copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Shares Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein)Act, in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and Manager, the Forward Seller or the Forward Purchaser may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or Manager, the Forward Seller and the Forward Purchaser to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Manager will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 4 contracts

Samples: Equity Distribution Agreement (NexPoint Residential Trust, Inc.), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (NexPoint Residential Trust, Inc.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Seller, the Forward Purchaser and their respective counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Shares Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein)Act, in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and Agent, the Forward Seller or the Forward Purchaser may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or Agent, the Forward Seller and the Forward Purchaser to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 3 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales AgentAgents, the Forward Seller Sellers, the Forward Purchasers and their respective counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any Selling Period or period in which a Prospectus relating to the Shares Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent Agents, the Forward Sellers and the Forward Seller Purchasers may from time to time reasonably request; provided, however, that the Company shall not be required to furnish to a Sales Agent, a Forward Seller or a Forward Purchaser any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document that is available on via XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the a Sales Agent and the Agent, a Forward Seller or a Forward Purchaser will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty Investment Trust), Equity Distribution Agreement (Federal Realty OP LP)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller JonesTrading and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller JonesTrading may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller JonesTrading to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller JonesTrading will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Wheeler Real Estate Investment Trust, Inc.), Equity Distribution Agreement (Wheeler Real Estate Investment Trust, Inc.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Agent and their its counsel (at the expense of the Company) copies of the Registration StatementStatement (including exhibits thereto), the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered (including, without limitation, pursuant to Rule 172) under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXX. The copies of the Registration Statement, the Prospectus, any amendments or supplements to the Registration Statement and or the Prospectus Prospectus, and any supplements or amendments thereto Issuer Free Writing Prospectus furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Urban Edge Properties), Equity Distribution Agreement (Urban Edge Properties)

Delivery of Registration Statement and Prospectus. The Company Company, upon request, will furnish to the Sales Agent, the Forward Seller Rxxxxxx Jxxxx and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered under the Securities 1933 Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may Rxxxxxx Jxxxx xxx from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller Rxxxxxx Jxxxx to the extent such document is available on XXXXXEXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Rxxxxxx Jxxxx will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Farmland Partners Inc.

Delivery of Registration Statement and Prospectus. The Company Company, upon request, will furnish to the Sales Agent, the Forward Seller B. Xxxxx and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered under the Securities 1933 Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller B. Xxxxx may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller B. Xxxxx to the extent such document is available on XXXXXEXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller B. Xxxxx will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Barclays and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectus that are filed with the Commission during any period in which a Prospectus relating to the Placement Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Barclays may from time to time reasonably request and, at Barclays’ request; provided, however, that will also furnish copies of the Company shall not Prospectus to each exchange or market on which sales of the Placement Shares may be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXXmade. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Barclays will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.T. Notwithstanding the foregoing, the Company will not be required to furnish any document (other than the Prospectus) to Barclays to the extent such document is available on XXXXX.

Appears in 1 contract

Samples: Equity Distribution Agreement (CubeSmart, L.P.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Mizuho Securities and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses the Prospectus that are filed with the Commission during any period in which a the Prospectus relating to the Shares Placement Units is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Mizuho Securities may from time to time reasonably request and, at Mizuho Securities’ request, will also furnish copies of the Prospectus to each exchange or market on which sales of the Placement Units may be made; provided, provided however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller Mizuho Securities to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Mizuho Securities will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Cheniere Energy Partners, L.P.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Xxxxx Fargo Securities and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Xxxxx Fargo Securities may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller Xxxxx Fargo Securities to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Xxxxx Fargo Securities will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Chambers Street Properties)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller and their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated Exhibit 1.5 by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Xxxxxx Xxxxx and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses the Prospectus that are filed with the Commission during any period in which a the Prospectus relating to the Placement Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Xxxxxx Xxxxx may from time to time reasonably request and, at Xxxxxx Xxxxx'x request, will also furnish copies of the Prospectus to each exchange or market on which sales of the Placement Shares may be made; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller Xxxxxx Xxxxx to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Xxxxxx Xxxxx will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Sales Agreement (Cheniere Energy Inc)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Mxxxxx Txxxx and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses the Prospectus that are filed with the Commission during any period in which a the Prospectus relating to the Shares Placement Units is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Mxxxxx Txxxx may from time to time reasonably request and, at Mxxxxx Txxxx'x request, will also furnish copies of the Prospectus to each exchange or market on which sales of the Placement Units may be made; provided, provided however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller Mxxxxx Txxxx to the extent such document is available on XXXXXEXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Mxxxxx Txxxx will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Sales Agreement (Cheniere Energy Partners, L.P.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Agent and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses the Prospectus that are filed with the Commission during any period in which a the Prospectus relating to the Placement Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may from time to time reasonably request and, at Agent’s request; provided, will also furnish copies of the Prospectus to each exchange or market on which sales of the Placement Shares may be made, provided however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Placement Agent Agreement (Lucas Energy, Inc.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller and their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated Exhibit 1.4 by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Agent and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses the Prospectus that are filed with the Commission during any period in which a Prospectus prospectus relating to the Placement Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may from time to time reasonably request and, at the Agent’s request, will also furnish copies of the Prospectus to each exchange or market on which sales of the Placement Shares may be made; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Sales Agreement (AGNC Investment Corp.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller and their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated Exhibit 1.1 by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Wxxxx Fargo Securities and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Wxxxx Fargo Securities may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller Wxxxx Fargo Securities to the extent such document is available on XXXXXEXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Wxxxx Fargo Securities will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Trust of America Holdings, LP)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales [Agent, the Forward Seller ] and their its counsel (at the expense of the Company) copies of the Registration Statement, Statement and the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to any of the Placement Shares or Purchased Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein)Act, in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller [Agent] may from time to time reasonably request and, at [Agent]’ request, will also furnish copies of the Prospectus to each exchange or market on which sales of the Placement Shares or Purchased Securities may be made; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller [Agent] to the extent such document is available on XXXXXIDEA. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller [Agent] will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXIDEA, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Terms Agreement (Essex Portfolio Lp)

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Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Agent and their its counsel (at the expense of the Company) copies of the Registration StatementStatement (including exhibits thereto), the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any Placement Period or period in which a Prospectus relating to the Shares is required by the Securities Act to be delivered in connection with a pending sale of the Placement Securities (including, without limitation, pursuant to Rule 172 under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference thereinAct), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXX. The copies of the Registration Statement, the Prospectus, any amendments or supplements to the Registration Statement and the Prospectus or Prospectus, and any supplements or amendments thereto Issuer Free Writing Prospectuses, furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Equity One, Inc.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller MLPFS and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses the Prospectus that are filed with the Commission during any period in which a the Prospectus relating to the Placement Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller MLPFS may from time to time reasonably request and, at MLPFS’s request; provided, will also furnish copies of the Prospectus to each exchange or market on which sales of the Placement Shares may be made, provided however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller MLPFS to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller MLPFS will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Sales Agreement (Lexington Realty Trust)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Citi and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Citi may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller Citi to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Citi will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Chambers Street Properties)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Underwriter and their its counsel (at the expense of the Company) copies of the Registration StatementStatement (including exhibits thereto), the Pricing Prospectus (including all documents incorporated or deemed to be incorporated by reference therein), the Final Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement Statement, the Pricing Prospectus or the Final Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any period in which a Prospectus prospectus relating to the Shares Securities is required to be delivered (including, without limitation, pursuant to Rule 172) under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Underwriter may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Pricing Prospectus and the Final Prospectus) to the Sales Agent or the Forward Seller Underwriter to the extent such document is available on XXXXXEXXXX. The copies of the Registration Statement, the Pricing Prospectus, the Final Prospectus, any amendments or supplements to the Registration Statement and the any Issuer Free Writing Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Underwriter will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Underwriting Agreement (Urban Edge Properties LP)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller and their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated Exhibit 1.2 by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales AgentAgents, the Forward Seller Sellers and the Forward Purchasers and their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus, any Issuer Free Writing Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission such documents during any period in which a Prospectus relating to any of the Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein)Act, in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent Agents, the Forward Sellers and the Forward Seller Purchasers may from time to time reasonably request and, at the Agents’, the Forward Sellers’ or the Forward Purchasers’ request, will also furnish copies of the Prospectus, any Issuer Free Writing Prospectus and all amendments and supplements to such documents to each exchange or market on which sales of the Shares may be made; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus, any Issuer Free Writing Prospectus and any amendments or supplements thereto) to the Sales Agent or Agents, the Forward Seller Sellers and the Forward Purchasers to the extent such document is available on XXXXX. The copies of the Registration Statement and Statement, the Prospectus, any Issuer Free Writing Prospectus and any supplements or amendments thereto furnished to the Sales Agent Agents, the Forward Sellers and the Forward Seller Purchasers will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Essex Portfolio Lp)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales AgentAgents, the Forward Seller Sellers and the Forward Purchasers and their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus, any Issuer Free Writing Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission such documents during any period in which a Prospectus relating to any of the Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein)Act, in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent Agents, the Forward Sellers and the Forward Seller Purchasers may from time to time reasonably request and, at the Agents’, the Forward Sellers’ or the Forward Purchasers’ request, will also furnish copies of the Prospectus, any Issuer Free Writing Prospectus and all amendments and supplements to such documents to each exchange or market on which sales of the Shares may be made; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus, any Issuer Free Writing Prospectus and any amendments or supplements thereto) to the Sales Agent or Agents, the Forward Seller Sellers and the Forward Purchasers to the extent such document is available on XXXXXEXXXX. The copies of the Registration Statement and Statement, the Prospectus, any Issuer Free Writing Prospectus and any supplements or amendments thereto furnished to the Sales Agent Agents, the Forward Sellers and the Forward Seller Purchasers will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXXEXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Essex Portfolio Lp)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller RBC and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller RBC may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller RBC to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller RBC will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Chambers Street Properties)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales AgentAgents, the Forward Seller Purchasers, the Forward Sellers, their respective agents and their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and Agents, the Forward Seller Purchasers or the Forward Sellers may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent Agents, the Forward Purchasers or the Forward Seller Sellers to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent Agents, the Forward Purchasers and the Forward Seller Sellers will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Portland General Electric Co /Or/)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Xxxxx Fargo Securities and their its counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Xxxxx Fargo Securities may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller Xxxxx Fargo Securities to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Xxxxx Fargo Securities will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Trust of America, Inc.)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller and their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated Exhibit 1.3 by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales AgentAgents, the Forward Seller Purchasers and their counsel respective counsels (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent Agents and the Forward Seller Purchasers may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent Agents or the Forward Seller purchasers to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent Agents and the Forward Seller Purchasers will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Extra Space Storage LP)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller and their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses that are filed with the Commission during any period in which a Prospectus relating to the Shares is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated Exhibit 1.6 by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Healthcare Realty Trust Inc)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, Agents and the Forward Seller Sellers and their counsel (at the expense of the Company) copies of the Registration StatementStatement (including exhibits thereto), the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Shares is required to be delivered (including, without limitation, pursuant to Rule 172) under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent Agents and the Forward Seller Sellers may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or Agents and the Forward Seller Sellers to the extent such document is available on XXXXX. The copies of the Registration Statement, the Prospectus, any amendments or supplements to the Registration Statement and or the Prospectus Prospectus, and any supplements or amendments thereto Issuer Free Writing Prospectus furnished to the Sales Agent Agents and the Forward Seller Sellers will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Urban Edge Properties LP)

Delivery of Registration Statement and Prospectus. The Company will furnish to the Sales Agent, the Forward Seller Agents and their counsel (at the expense of the Company) copies of the Registration Statement, the Prospectus (including all documents incorporated or deemed to be incorporated by reference therein) and all amendments and supplements to the Registration Statement or Prospectus, and any Issuer Free Writing Prospectuses Prospectuses, that are filed with the Commission during any period in which a Prospectus relating to the Shares Placement Securities is required to be delivered under the Securities Act (including all documents filed with the Commission during such period that are deemed to be incorporated by reference therein), in each case as soon as reasonably practicable and in such quantities and at such locations as the Sales Agent and the Forward Seller Agents may from time to time reasonably request; provided, however, that the Company shall not be required to furnish any document (other than the Prospectus) to the Sales Agent or the Forward Seller Agents to the extent such document is available on XXXXX. The copies of the Registration Statement and the Prospectus and any supplements or amendments thereto furnished to the Sales Agent and the Forward Seller Agents will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T.

Appears in 1 contract

Samples: Equity Distribution Agreement (Extra Space Storage Inc.)

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