Common use of Limitations on Offering Size Clause in Contracts

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Shares, if after giving effect to the sale of such Shares, the aggregate amount of the Shares sold pursuant to this Agreement and the Alternative Distribution Agreements would exceed the lesser of (i) the Maximum Amount, (ii) the amount available for offer and sale under the currently effective Registration Statement, (iii) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Company. Under no circumstances shall the Company cause or request the offer or sale of any Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager in writing. Further, under no circumstances shall the aggregate amount of Shares sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements would exceed the lesser of (iA) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount, (iiB) the amount available for offer and sale under the currently effective Registration Statement, and (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement would exceed the lesser of (A) together with all sales of Securities under this Agreement and the Alternative Distribution Agreements would exceed the lesser of (i) Agreement, the Maximum Amount, (iiB) the amount available for offer and sale under the currently effective Registration Statement, (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager Xxxxx Fargo in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Xxxxx Fargo in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution AgreementsAgreement, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements would exceed the lesser of (iA) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount, Amount and (iiB) the amount available for offer and sale under the currently effective Registration Statement, (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager [MKT NAME] in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager [MKT NAME] in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution AgreementsAgreement, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement would exceed the lesser of (A) together with all sales of Securities under this Agreement and the Alternative Distribution Agreements would exceed the lesser of (i) Agreement, the Maximum Amount, (iiB) the amount available for offer and sale under the currently effective Registration Statement, (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager Xxxxxxx Xxxxx in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Xxxxxxx Xxxxx in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Distribution AgreementsAgreement, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution AgreementsAgreement, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements would exceed the lesser of (i) together with all sales of Securities under this Agreement and the Alternative Equity Distribution Agreements, the Maximum Amount, (ii) the amount available for offer and sale under the currently effective Registration Statement, and (iii) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager Agent in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agent in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Equity Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Equity Distribution Agreements, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement would exceed the lesser of (A) together with all sales of Securities under this Agreement and the Alternative Distribution Agreements would exceed the lesser of (i) Agreements, the Maximum Amount, (iiB) the amount available for offer and sale under the currently effective Registration Statement, (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager Xxxxx Fargo Securities in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Xxxxx Fargo Securities in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements would exceed the lesser of (iA) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount, (iiB) the amount available for offer and sale under the currently effective Registration Statement, and (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager Agent in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Agent in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements would exceed the lesser of (iA) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount, (iiB) the amount available for offer and sale under the currently effective Registration Statement, and (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager Sales Agents in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to each of the Manager Sales Agents in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution AgreementsAgreement, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements would exceed the lesser of (iA) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount, (iiB) the amount available for offer and sale under the currently effective Registration Statement, and (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager [ ] in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager [ ] in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution Agreements, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Shares, if after giving effect to the sale of such Shares, the aggregate amount offering price of the Shares sold pursuant to this Agreement and the Alternative Distribution Agreements would exceed the lesser of (iA) together with all sales of Shares under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount, (iiB) the amount available for offer and sale under the currently effective Registration Statement, and (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager Sales Agent in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Sales Agent in writing. Further, under no circumstances shall the aggregate amount offering price of Shares sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 2 of this Agreement and the Alternative Distribution AgreementsAgreement, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements would exceed the lesser of (iA) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount, Amount and (iiB) the amount available for offer and sale under the currently effective Registration Statement, (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager RBC Capital Markets in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager RBC Capital Markets in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution AgreementsAgreement, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements would exceed the lesser of (iA) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount, (iiB) the amount available for offer and sale under the currently effective Registration Statement, and (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager Rxxxxxx Jxxxx in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Rxxxxxx Jxxxx in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution AgreementsAgreement, exceed the Maximum Amount.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any SharesSecurities, if after giving effect to the sale of such SharesSecurities, the aggregate amount offering price of the Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements would exceed the lesser of (iA) together with all sales of Securities under this Agreement and each of the Alternative Distribution Agreements, the Maximum Amount, (iiB) the amount available for offer and sale under the currently effective Registration Statement, and (iiiC) the amount authorized from time to time to be issued and sold under this Agreement by the Company and notified to the Manager Cantor in writing and (iv) the number of authorized but unissued Common Shares under the declaration of trust of the Companywriting. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company and notified to the Manager Cantor in writing. Further, under no circumstances shall the aggregate amount offering price of Shares Securities sold pursuant to this Agreement and the Alternative Distribution Agreements, including any separate underwriting or similar agreement covering principal transactions described in Section 1 of this Agreement and the Alternative Distribution AgreementsAgreement, exceed the Maximum Amount.