Common use of Filing of Prospectus Supplement Clause in Contracts

Filing of Prospectus Supplement. The Company agrees that on such dates as the Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Shares sold through the Manager, the Net Proceeds to the Company and the compensation payable by the Company to the Manager with respect to such Shares (provided that the Company may satisfy its obligations under this Section 4(w)(i) by effecting a filing in accordance with the Exchange Act with respect to such information) and (ii) deliver such number of copies of each such prospectus supplement or Exchange Act report to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market. In the event any sales are made pursuant to this Agreement which are NOT made in “at the market” offerings as defined in Rule 415, including, without limitation, any Placement pursuant to a Terms Agreement, the Company shall file a Prospectus Supplement describing the terms of such transaction, the amount of Shares sold, the price thereof, the Manager’s compensation, and such other information as may be required pursuant to Rule 424 and Rule 430B, as applicable, within the time required by Rule 424.

Filing of Prospectus Supplement. The Company agrees that on such dates as the Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Shares sold through the Manager, the Net Proceeds to the Company and the compensation payable by the Company to the Manager with respect to such Shares (provided that the Company may satisfy its obligations under this Section 4(w)(i) by effecting a filing in accordance with the Exchange Act with respect to such information) and (ii) deliver such number of copies of each such prospectus supplement or Exchange Act report to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market. In the event any sales are made pursuant to this Agreement which are NOT not made in “at the market” offerings as defined in Rule 415, including, without limitation, any Placement pursuant to a Terms Agreement, the Company shall file a Prospectus Supplement describing the terms of such transaction, the amount of Shares sold, the price thereof, the Manager’s compensation, and such other information as may be required pursuant to Rule 424 and Rule 430B, as applicable, within the time required by Rule 424.

Filing of Prospectus Supplement. The Company agrees that on such dates as the Securities Act shall require, the Company will (i) file a prospectus supplement with the Commission under the applicable paragraph of Rule 424(b) under the Securities Act (each and every filing under Rule 424(b), a “Filing Date”), which prospectus supplement will set forth, within the relevant period, the amount of Placement Shares sold through the ManagerAgent, the Net Proceeds to the Company and the compensation payable by the Company to the Manager Agent with respect to such Placement Shares (provided that the Company may satisfy its obligations under this Section 4(w)(i) by effecting a filing in accordance with the Exchange Act with respect to such information) ), and (ii) deliver such number of copies of each such prospectus supplement or Exchange Act report to each exchange or market on which such sales were effected as may be required by the rules or regulations of such exchange or market. In the event any sales are made pursuant to this Agreement which are NOT made in “at the market” offerings as defined in Rule 415, including, without limitation, any Placement pursuant to a Terms Agreement, the Company shall file a Prospectus Supplement describing the terms of such transaction, the amount of Shares sold, the price thereof, the Manager’s compensation, and such other information as may be required pursuant to Rule 424 and Rule 430B, as applicable, within the time required by Rule 424.