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 number of Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (A) the amount available for offer and sale under the currently effective Registration Statement and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board of Trustees or a duly authorized committee thereof, and notified to the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Shares at a price lower than the minimum price authorized from time to time by the Company’s Board of Trustees or duly authorized committee thereof, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company 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 of Placement Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement and the amount available for offer and sale under Alternative Distribution Agreements, the currently effective Registration Statement and Maximum Amount or (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees trustees or a duly authorized committee thereof, 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 board of Trustees trustees or a duly authorized committee thereof, and notified to the Agent in writing. 6.

Limitations on Offering Size. Under no circumstances shall the Company 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 gross sales proceeds of Placement Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the amount available for offer and sale under the currently effective Registration Statement Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees directors or a duly authorized committee thereof, 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 board of Trustees directors or a duly authorized committee thereof, and notified to the Agent in writing.

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

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 number of Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Alternative Sales Agreements Agreement would exceed the lesser of (A) the amount available for offer and sale under the currently effective Registration Statement and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees directors or a duly authorized committee thereof, and notified to the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Shares at a price lower than the minimum price authorized from time to time by the Company’s Board board of Trustees directors or duly authorized committee thereof, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company 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 gross sales proceeds of Placement Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (Ai) the amount available for offer and sale under the currently effective Registration Statement Maximum Amount and (Bii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees directors, a duly authorized committee thereof or a duly authorized committee thereofexecutive committee, and notified to the Agent Univest 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 board of Trustees or directors, a duly authorized committee thereofthereof or a duly authorized executive committee, and notified to the Agent Univest in writing.

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 number offering price of the Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (Ai) the Maximum Amount, (ii) the amount available for offer and sale under the currently effective Registration Statement and Statement, or (Biii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board of Trustees Directors of the Company or a duly authorized committee thereof, and notified to the Agent in writing. 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’s Board of Trustees or duly authorized committee thereof, Directors of the Company and notified to the an Agent or a Forward Seller, as applicable, in writing.

Limitations on Offering Size. Under no circumstances shall the Company cause or request the offer or sale of any Shares Securities if, after giving effect to the sale of such SharesSecurities, the aggregate number offering price of Shares the Securities sold pursuant to this Agreement together with all sales of the Shares under the Other Sales and any Terms Agreements would exceed the lesser of (Ai) the Maximum Amount, (ii) the amount available for offer and sale under the currently effective Registration Statement and Statement, or (Biii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board of Trustees Directors of the Company or a duly authorized committee thereof, and notified to the Agent in writing. 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’s Board of Trustees Directors of the Company or a duly authorized committee thereof, thereof and notified to the an Agent in writing.

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 number gross sales proceeds of Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (Ai) together with all sales of Shares under this Agreement, the amount available for offer and sale under the currently effective Registration Statement Maximum Amount and (Bii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees directors, a duly authorized committee thereof or a duly authorized committee thereofexecutive committee, and notified to the Designated Agent in writing. 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 any minimum price authorized from time to time by the Company’s Board board of Trustees or directors, a duly authorized committee thereofthereof or a duly authorized executive committee, and notified to the Designated Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company 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 of Placement Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (A) the amount available for offer and sale under the currently effective Registration Statement Maximum Amount, and (B) the amount authorized from time to time to be issued issued, offered and sold under this Agreement by the Company’s Board board of Trustees directors, a duly authorized committee thereof or a duly authorized committee thereofexecutive committee, and notified to the Distribution 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 board of Trustees or directors, a duly authorized committee thereofthereof or a duly authorized executive committee, and notified to the Distribution Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company 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 of Placement Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the amount available for offer and sale under the currently effective Registration Statement Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees directors or a duly authorized committee thereof, 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 board of Trustees directors or a duly authorized committee thereof, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company 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 gross sales proceeds of Placement Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser least of (A) the Maximum Amount, (B) the amount then 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 by the Company’s Board board of Trustees directors, or a duly authorized committee thereof, thereof 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 board of Trustees directors or a duly authorized committee thereof, thereof and notified to the Agent in writing.

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 number gross sales proceeds of Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (Ai) together with all sales of Shares under this Agreement, the amount available for offer and sale under the currently effective Registration Statement Maximum Amount and (Bii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees directors, a duly authorized committee thereof or a duly authorized committee thereofexecutive committee, and notified to the Agent in writing. 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 any minimum price authorized from time to time by the Company’s Board board of Trustees or directors, a duly authorized committee thereofthereof or a duly authorized executive committee, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company 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 of Placement Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the amount available for offer and sale under the currently effective Registration Statement Maximum Amount and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees directors or a duly authorized committee thereof, 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 board of Trustees directors or a duly authorized committee thereof, thereof and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company 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 of Placement Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (A) together with all sales of Placement Shares under this Agreement, the amount available for offer and sale under the currently effective Registration Statement and Maximum Amount or (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees trustees or a duly authorized committee thereof, and notified to the Agent 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 board of Trustees trustees or a duly authorized committee thereof, and notified to the Agent Agents in writing.

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 number of Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Alternative Sales Agreements would exceed the lesser of (A) the amount available for offer and sale under the currently effective Registration Statement and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees directors or a duly authorized committee thereof, and notified to the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Shares at a price lower than the minimum price authorized from time to time by the Company’s Board board of Trustees directors or duly authorized committee thereof, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company 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 of Placement Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (Ai) together with all sales of Placement Shares under this Agreement, the amount available for offer and sale under the currently effective Registration Statement Maximum Amount and (Bii) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees directors or a duly authorized committee thereof, 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 board of Trustees directors or a duly authorized committee thereof, and notified to the Agent notice of such minimum price shall have been delivered MLV in writing.

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 number of Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser of (A) the amount available for offer and sale under the currently effective Registration Statement and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board of Trustees or a duly authorized committee thereof, and notified to the Agent Agents in writing. Under no circumstances shall the Company cause or request the offer or sale of any Shares at a price lower than the minimum price authorized from time to time by the Company’s Board of Trustees or duly authorized committee thereof, and notified to the Agent Agents in writing.

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 number of Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Alternative Sales Agreements would exceed the lesser of (A) the amount available for offer and sale under the currently effective Registration Statement and (B) the amount authorized from time to time to be issued and sold under this Agreement by the Company’s Board board of Trustees directors or a duly authorized committee thereof, and notified to the Agent in writing. Under no circumstances shall the Company cause or request the offer or sale of any Shares at a price lower than the minimum price authorized from time to time by the Company’s Board board of Trustees directors or a duly authorized committee thereof, and notified to the Agent in writing.

Limitations on Offering Size. Under no circumstances shall the Company 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 gross sales proceeds of Placement Shares sold pursuant to this Agreement together with all sales of the Shares under the Other Sales Agreements would exceed the lesser least of (A) the Maximum Amount, (B) the amount then 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 by the Company’s Board board of Trustees directors, or a duly authorized committee thereof, thereof 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 board of Trustees directors or a duly authorized committee thereof, thereof and notified to the Designated Agent in writing.