Common use of Subsequent Equity Issuances Clause in Contracts

Subsequent Equity Issuances. Neither the Company nor any Subsidiary will offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other Common Shares or any Common Share Equivalents (other than the Shares) during the term of this Agreement and at a time when the Manager is selling Common Shares under this Agreement without the prior written consent of the Manager (i) without giving the Manager at least three Trading Days’ prior written notice specifying the nature of the proposed transaction and the date of such proposed transaction and (ii) unless the Manager suspends acting under this Agreement for such period of time requested by the Company or as deemed appropriate by the Manager in light of the proposed transaction; provided, however, that the Company may issue and sell Common Shares pursuant to any employee stock option plan, the LTIP, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and, the Company may issue Common Shares issuable upon the conversion or exercise of Common Share Equivalents outstanding at the Execution Time.

Subsequent Equity Issuances. Neither the Company nor any Subsidiary will offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other shares of Common Shares Stock or any Common Share Stock Equivalents (other than the Shares) during the term of this Agreement and at a time when the Manager is selling Common Shares under this Agreement without the prior written consent of the Manager (i) without giving the Manager at least three Trading Business Days’ prior written notice specifying the nature of the proposed transaction and the date of such proposed transaction and (ii) unless transaction. Upon receipt of such notice, the Manager suspends shall as soon as practicable suspend acting under this Agreement for such period of time requested by the Company or as deemed appropriate by the Manager in light of the proposed transaction; provided. Notwithstanding anything herein to the contrary, however, that the Company may issue and sell Common Shares Stock or Common Stock Equivalents pursuant to any employee stock option incentive plan, the LTIP, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and, and the Company may issue Common Shares Stock issuable upon the conversion or exercise of Common Share Stock Equivalents outstanding at the Execution Time.

Subsequent Equity Issuances. Neither the Company nor any Subsidiary will offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other shares of Common Shares Stock or any Common Share Stock Equivalents (other than the Shares) during the term of this Agreement and at a time when the Manager is selling Common Shares under this Agreement without the prior written consent of the each Manager (other than for transactions involving such Manager) (i) without giving the Manager Managers at least three Trading two Business Days’ prior written notice specifying the nature of the proposed transaction and the date of such proposed transaction and or (ii) unless the each Manager suspends suspend acting under this Agreement for such period of time requested by the Company or as deemed appropriate by the such Manager in light of the proposed transaction; provided, however, that the Company may issue and sell Common Shares Stock pursuant to any employee stock option plan, the LTIP, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and, from time to time and the Company may issue Common Shares Stock issuable upon the conversion or exercise of Common Share Stock Equivalents outstanding at the Execution Time.

Subsequent Equity Issuances. Neither the Company nor any Subsidiary will offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other shares of Common Shares Stock or any Common Share Stock Equivalents (other than the Shares) during the term of this Agreement and at a time when the Manager is selling Common Shares under this Agreement without the prior written consent of the Manager (i) without giving the Manager at least three Trading Days’ two Business Days prior written notice specifying the nature of the proposed transaction and the date of such proposed transaction and (ii) unless transaction. Upon receipt of such notice, the Manager suspends shall as soon as practicable suspend acting under this Agreement for such period of time requested by the Company or as deemed appropriate by the Manager in light of the proposed transaction; provided. Notwithstanding anything herein to the contrary, however, that the Company may issue and sell Common Shares Stock or Common Stock Equivalents pursuant to any employee stock option incentive plan, the LTIP, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and, and the Company may issue Common Shares Stock issuable upon the conversion or exercise of Common Share Stock Equivalents outstanding at the Execution Time.

Subsequent Equity Issuances. Neither the Company nor any Subsidiary subsidiary will offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other shares of Common Shares Stock or any securities exercisable, exchangeable or convertible into Common Share Equivalents Stock (“Common Stock Equivalents”) (other than the Shares) during the term of this Agreement and at a time when the Manager is selling Common Shares under this Agreement without the prior written consent of the Manager (i) without giving the Manager at least three Trading five Business Days’ prior written notice specifying the nature of the proposed transaction and the date of such proposed transaction and (ii) unless the Manager suspends acting under this Agreement for such period of time requested by the Company or as deemed appropriate by the Manager in light of the proposed transaction; provided, however, that the Company may issue and sell Common Shares Stock pursuant to any employee stock option plan, the LTIP, stock ownership plan or dividend reinvestment plan of the Company in effect at as of the Execution Time date hereof and, with as much notice as reasonably practicable, the Company may issue Common Shares Stock issuable upon the conversion or exercise of Common Share Stock Equivalents outstanding at as of the Execution Timedate hereof.

Subsequent Equity Issuances. Neither the Company nor any Subsidiary will offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other shares of Common Shares Stock or any Common Share Stock Equivalents (other than the Shares) during the term of this Agreement and at a time when the Manager is selling Common Shares under this Agreement without the prior written consent of the Manager (other than for transactions involving the Manager) (i) without giving the Manager at least three Trading two Business Days’ prior written notice specifying the nature of the proposed transaction and the date of such proposed transaction and or (ii) unless the Manager suspends acting under this Agreement for such period of time requested by the Company or as deemed appropriate by the Manager in light of the proposed transaction; provided, however, that the Company may issue and sell Common Shares Stock pursuant to any employee stock option plan, the LTIP, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and, from time to time and the Company may issue Common Shares Stock issuable upon the conversion or exercise of Common Share Stock Equivalents outstanding at the Execution Time.

Subsequent Equity Issuances. Neither the Company nor any Subsidiary will offer, sell, issue, contract to sell, contract to issue or otherwise dispose of, directly or indirectly, any other shares of Common Shares Stock or any Common Share Stock Equivalents (other than the Shares) during the term of this Agreement and at a time when the Manager is selling Common Shares under this Agreement without the prior written consent of the Manager (other than for transactions involving the Manager) (i) without giving the Manager at least three Trading two Business Days’ prior written notice specifying the nature of the proposed transaction and the date of such proposed transaction and or (ii) unless the Manager suspends suspend acting under this Agreement for such period of time requested by the Company or as deemed appropriate by the Manager in light of the proposed transaction; provided, however, that the Company may issue and sell Common Shares Stock pursuant to any employee stock option plan, the LTIP, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and, from time to time and the Company may issue Common Shares Stock issuable upon the conversion or exercise of Common Share Stock Equivalents outstanding at the Execution Time.