Common use of Limitations on Offering Size Clause in Contracts

Limitations on Offering Size. Under no circumstances shall the Company cause, permit or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms Agreement, the Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, the Maximum Amount and (B) the dollar amount of securities available for offer and sale under the currently effective Registration Statement and (C) the aggregate dollar amount or number of shares of Common Stock authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares gross sales proceeds sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committeeofficer, and notified to the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committeeofficer, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of gross sales proceeds of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementAgreements, the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement the Sales Agreements by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committeepricing committee or officer, and notified to the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to the Sales Agreements at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committeepricing committee or officer, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to FBR in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to FBR in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares gross sales proceeds sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agents in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount offering price of Placement the Shares sold pursuant to this Agreement, the Alternative Sales Agreements or Agreement and any Terms Agreement would exceed the lesser of (Ai) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms Agreement, the Maximum Amount Amount, (ii) the amount available for offer and sale under the currently effective Registration Statement and (Biii) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to an Agent or Forward Seller, as applicable, in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (Ai) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (ii) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement, and (Biii) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committeeexecutive, and notified to the Designated Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committeeexecutive, and notified to the Designated Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount gross sales proceeds of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, the Maximum Amount and (B) the amount available for offer and sale under the Registration Statement or (C) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committeeofficer, and notified to X. Xxxxx FBR in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the any minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committeeofficer, and notified to X. Xxxxx FBR in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares gross sales proceeds sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to both Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to both Agents in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to HCW in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to HCW in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee., and notified to the Agents in writing. #97550997v7

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares gross sales proceeds sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to Xxxxxxx Xxxxx in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to Xxxxxxx Xxxxx in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares gross sales proceeds sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to Ladenburg in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to Ladenburg in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares gross sales proceeds sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to RBS Securities in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to RBS Securities in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of all Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser lowest of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms Agreement, the Maximum Amount Amount, (B) the amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agents in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares gross sales proceeds sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to JMP Securities in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to JMP Securities in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser least of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (Ai) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (ii) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (Biii) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount of Placement Shares gross sales proceeds sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the applicable Distribution Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified to the applicable Distribution Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause, permit cause or request the offer or sale of any Placement Shares if, after giving effect to the sale of such Placement Shares, the aggregate number or dollar amount gross sales proceeds of Placement Shares sold pursuant to this Agreement, the Alternative Sales Agreements or any Terms Agreement would exceed the lesser of (A) together with all gross sales of proceeds for Placement Shares sold under this Agreement, the Alternative Sales Agreements or any Terms AgreementMaximum Amount, (B) the Maximum Amount amount available for offer and sale under the currently effective Registration Statement and (BC) the amount authorized from time to time to be issued and sold under this Agreement and any Terms Agreement by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee, and notified the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Placement Shares pursuant to this Agreement at a price lower than the minimum price authorized from time to time by the Company’s board of directors, a duly authorized committee thereof or a duly authorized executive committee.