Common use of Maximum Issuance Amount Clause in Contracts

Maximum Issuance Amount. In no event may the Company issue an Issuance Notice to sell an Issuance Amount to the extent that (I) the sum of (x) the Sales Price of the requested Issuance Amount, plus (y) the aggregate Sales Price of all Shares issued under all previous Issuances effected pursuant to this Agreement, together with the aggregate Sales Price of all Shares issued under the Alternative Sales Agency Agreement, would exceed the Maximum Program Amount or (II) the requested Issuance Amount exceeds $100,000,000 without the prior written consent of BNYMCM.