Common use of Issuance Notice Clause in Contracts

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed 500,000 Common Shares without the prior written consent of BNYMCM, which may be withheld in BNYMCM's sole discretion, and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the number of Issuance Shares to be sold pursuant thereto, together with the aggregate number of Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 2 contracts

Samples: Sales Agency Agreement (Idacorp Inc), Sales Agency Agreement (Idaho Power Co)

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Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCMBNYCMI, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02Section 5.01; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed 500,000 Common Shares $50,000,000 without the prior written consent of BNYMCMBNYCMI, which may be withheld in BNYMCM's BNYCMI’s sole discretion, and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM BNYCMI shall have no further obligations with respect to any Issuance Notice if and to the extent the number aggregate Sales Price of the Issuance Shares to be sold pursuant thereto, together with the aggregate number Sales Price of the Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Westar Energy Inc /Ks)

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed 500,000 Common Shares $40,000,000 without the prior written consent of BNYMCM, which may be withheld in BNYMCM's ’s sole discretion, discretion and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the number aggregate Sales Price of the Issuance Shares to be sold pursuant thereto, together with the aggregate number Sales Price of the Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCM, subject to the satisfaction of the conditions set forth in Sections Section 5.01 and Section 5.02; provided, however, that (1i) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed 500,000 Common Shares $40,000,000 without the prior written consent of BNYMCM, which may be withheld in BNYMCM's ’s sole discretion, and (2ii) notwithstanding anything in this Agreement to the contrary, BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the number aggregate Sales Price of the Issuance Shares to be sold pursuant thereto, together with the aggregate number Sales Price of the Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (ITC Holdings Corp.)

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed 500,000 Common Shares $50,000,000 without the prior written consent of BNYMCM, which may be withheld in BNYMCM's ’s sole discretion, discretion and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the number of Issuance Shares to be sold pursuant thereto, together with the aggregate number of Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Great Plains Energy Inc)

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCMBNYCMI, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed 500,000 Common Shares $10,000,000 without the prior written consent of BNYMCMBNYCMI, which may be withheld in BNYMCM's its sole discretion, discretion and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM BNYCMI shall have no further obligations with respect to any Issuance Notice if and to the extent that the number aggregate Sales Price of the Issuance Shares to be sold pursuant thereto, together with the aggregate number Sales Price of the Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 1 contract

Samples: Standby Equity Distribution Agreement (New Plan Excel Realty Trust Inc)

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Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed 500,000 Common Shares without the prior written consent of BNYMCM, which may be withheld in BNYMCM's ’s sole discretion, and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the number of Issuance Shares to be sold pursuant thereto, together with the aggregate number of Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 1 contract

Samples: Sales Agency Agreement (Avista Corp)

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed 500,000 Common Shares $50,000,000 without the prior written consent of BNYMCM, which may be withheld in BNYMCM's sole discretion, discretion and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the number aggregate Sales Price of the Issuance Shares to be sold pursuant thereto, together with the aggregate number Sales Price of the Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

Issuance Notice. On any Trading Day during the Commitment Period, the Company may deliver an Issuance Notice to BNYMCM, subject to the satisfaction of the conditions set forth in Sections 5.01 and 5.02; provided, however, that (1) the Issuance Amount for each Issuance as designated by the Company in the applicable Issuance Notice shall in no event exceed 500,000 Common Shares $50,000,000 without the prior written consent of BNYMCM, which may be withheld in BNYMCM's ’s sole discretion, discretion and (2) notwithstanding anything in this Agreement to the contrary, BNYMCM shall have no further obligations with respect to any Issuance Notice if and to the extent the number aggregate Sales Price of the Issuance Shares to be sold pursuant thereto, together with the aggregate number Sales Price of the Common Shares previously sold under this Agreement, shall exceed the Maximum Program Amount.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

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