Common use of Suspension or Termination of Sales Clause in Contracts

Suspension or Termination of Sales. Consistent with standard market settlement practices, the Company or the Agent through whom the sale of Shares is to be made on an agency basis on any Trading Day may, upon notice to the other relevant parties in writing or by telephone (confirmed promptly by email, which confirmation will be promptly acknowledged by each receiving party), suspend any sale of Shares with respect to which such Agent is acting as sales agent, and the Selling Period shall immediately terminate; provided, however, that (A) such suspension and termination shall not affect or impair the respective parties’ obligations with respect to any Shares placed or sold, or with respect to Shares that the Company has instructed such Agent to sell, hereunder prior to the receipt of such notice, that the Agent has agreed to purchase prior to the receipt of such notice pursuant to a Terms Agreement or with respect to any offering or resale of any Shares purchased or to be purchased by the Agent pursuant to a Terms Agreement entered into prior to the receipt of such notice; (B) if the Company suspends or terminates any sale of Shares after the Agent confirms such sale thereto, the Company shall still be obligated to comply with ‎Section 3(b)(v) with respect to such Shares; (C) such suspension and termination shall not affect or impair the respective parties’ obligations with respect to any Confirmation executed and delivered by the Company and the relevant Forward Purchaser prior to giving of such notice under which Forward Hedge Shares have been sold, and (D) if the Company defaults in its obligation to deliver Shares on a Settlement Date, the Company and the Operating Partnership agree that they will hold the relevant Agent harmless against any loss, claim, damage or expense (including, without limitation, penalties, interest and reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company. Each of the parties hereto acknowledges and agrees that, in performing its obligations under this Agreement, the Agent may borrow Common Shares and/or Series A Preferred Shares from stock lenders in the event that the Company has not delivered Shares to settle sales as required by subsection (v) above, and may use the Shares to settle or close out such borrowings. The Company and the Operating Partnership agree that no such notice shall be effective against the Agent unless it is made to the representatives identified in writing by the Agent pursuant to ‎Section 3(b)(i).

Suspension or Termination of Sales. Consistent with standard market settlement practices, the Company or the Agent through whom the sale of Shares is to be made on an agency basis on any Trading Day may, upon notice to the other relevant parties party hereto in writing or by telephone (confirmed promptly immediately by verifiable email, which confirmation will be promptly acknowledged by each receiving party), suspend any sale of Shares with respect to which such Agent is acting as sales agentShares, and the Selling Period period set forth in an Issuance Notice shall immediately terminate; provided, however, that (A) such suspension and termination shall not affect or impair the respective parties’ either party’s obligations with respect to any Shares placed or sold, or with respect to Shares that the Company has instructed such Agent to sell, sold hereunder prior to the receipt of such notice, that the Agent has agreed to purchase prior to the receipt of such notice pursuant to a Terms Agreement or with respect to any offering or resale of any Shares purchased or to be purchased by the Agent pursuant to a Terms Agreement entered into prior to the receipt of such notice; (B) if the Company suspends or terminates any sale of Shares after the Agent confirms such sale theretoto the Company, the Company shall still be obligated to comply with ‎Section Section 3(b)(v) with respect to such Shares; and (C) such suspension and termination shall not affect or impair the respective parties’ obligations with respect to any Confirmation executed and delivered by the Company and the relevant Forward Purchaser prior to giving of such notice under which Forward Hedge Shares have been sold, and (D) if the Company defaults in its obligation to deliver Shares on a Settlement Date, the Company and the Operating Partnership agree agrees that they it will hold the relevant Agent harmless against any loss, claim, damage or expense (including, without limitation, penalties, interest and reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company. Each of the The parties hereto acknowledges acknowledge and agrees agree that, in performing its obligations under this Agreement, the Agent may borrow Common Shares and/or Series A Preferred Shares from stock lenders in the event that the Company has not delivered Shares to settle sales as required by subsection (v) above, and may use the Shares to settle or close out such borrowings. The Company and the Operating Partnership agree agrees that no such notice shall be effective against the Agent unless it is made to the representatives persons identified in writing by the Agent pursuant to ‎Section Section 3(b)(i). Notwithstanding the foregoing, prior to the Company engaging in any repurchases of shares of its Common Stock pursuant to the Company Repurchase Program, it shall suspend activities under this Agreement for such number of days so that any repurchases made pursuant to the Company Repurchase Program are not made during any “restricted period” (as defined in Regulation M) applicable to any offering under this Agreement.

Suspension or Termination of Sales. Consistent with standard market settlement practices, the Company or the Agent through whom Selling Stockholder, as applicable, on the sale of Shares is to be made one hand, or the Agent, on an agency basis on any Trading Day the other hand, may, upon notice to the other relevant parties party hereto in writing (including via email) or by telephone (confirmed promptly by verifiable email, which confirmation will be promptly acknowledged by each receiving party), suspend any sale of Shares Shares, and, with respect to which such Agent is acting as sales agentby the Company, and the Selling Period period set forth in an Issuance Notice, with respect to the Company, shall immediately terminate; provided, however, that (A) such suspension and termination shall not affect or impair the respective parties’ any party’s obligations with respect to any Shares placed or sold, or with respect to Shares that the Company has instructed such Agent to sell, sold hereunder prior to the receipt of such notice, that the Agent has agreed to purchase prior to the receipt of such notice pursuant to a Terms Agreement or with respect to any offering or resale of any Shares purchased or to be purchased by the Agent pursuant to a Terms Agreement entered into prior to the receipt of such notice; (B) if the Company or the Selling Stockholder, as applicable, suspends or terminates any sale of Shares after the Agent confirms such sale theretoto the Company or the Selling Stockholder, as applicable, the Company or the Selling Stockholder, as applicable, shall still be obligated to comply with ‎Section 3(b)(vSection 3(b)(vi) or Section 3(b)(vii), as applicable, with respect to such Shares; and (C) such suspension and termination shall not affect or impair the respective parties’ obligations with respect to any Confirmation executed and delivered by the Company and the relevant Forward Purchaser prior to giving of such notice under which Forward Hedge Shares have been sold, and (D) if the Company or the Selling Stockholder, as applicable, defaults in its obligation to deliver Shares on a Settlement Date, the Company and or the Operating Partnership agree Selling Stockholder, as applicable, agrees that they it will hold the relevant Agent harmless against any loss, claim, damage or expense (including, without limitation, penalties, interest and reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the CompanyCompany or the Selling Stockholder, as applicable. Each of the The parties hereto acknowledges acknowledge and agrees agree that, in performing its obligations under this Agreement, the Agent may borrow Common Shares and/or Series A Preferred Shares from stock lenders in the event that the Company or the Selling Stockholder, as applicable, has not delivered Shares to settle sales as required by subsection (vvi) or (vii) above, as applicable, and may use the Shares to settle or close out such borrowings. The Company and the Operating Partnership agree agrees that no such notice of suspension delivered by the Company pursuant to this Section 3(b)(viii) shall be effective against the Agent unless it is made to the representatives persons identified in writing by the Agent pursuant to ‎Section Section 3(b)(i). While a suspension is in effect, any obligation with respect to the delivery of consents, certificates, opinions, or comfort letters to the Agent shall be deemed waived.

Suspension or Termination of Sales. Consistent with standard market settlement practices, the Company Company, the Agent, Forward Purchase, or the Agent through whom the sale of Shares is to be made on an agency basis on any Trading Day Forward Seller may, upon notice to the other relevant parties party hereto in writing or by telephone (confirmed promptly immediately by email, which confirmation will be promptly acknowledged by each receiving partyverifiable e-mail), suspend any sale of Shares with respect to which such Agent is acting as sales agentor Forward Hedge Shares, and the Selling Period period set forth in an Issuance Notice shall immediately terminate; provided, however, that (A) such suspension and termination shall not affect or impair the respective parties’ either party’s obligations with respect to any Shares or Forward Hedge Shares placed or sold, or with respect to Shares that the Company has instructed such Agent to sell, sold hereunder prior to the receipt of such notice, that the Agent has agreed to purchase prior to the receipt of such notice pursuant to a Terms Agreement or with respect to any offering or resale of any Shares purchased or to be purchased by the Agent pursuant to a Terms Agreement entered into prior to the receipt of such notice; (B) if the Company suspends or terminates any sale of Shares or Forward Hedge Shares after the Agent confirms such sale theretoto the Company, the Company shall still be obligated to comply with ‎Section 3(b)(vSection 3(b) with respect to such Shares; (C) such suspension and termination shall not affect Shares or impair the respective parties’ obligations with respect to any Confirmation executed and delivered by the Company and the relevant Forward Purchaser prior to giving of such notice under which Forward Hedge Shares have been sold, ; and (DC) if the Company defaults in its obligation to deliver Shares in connection with an Issuance on a Settlement Date, the Company and the Operating Partnership agree agrees that they it will hold the relevant Agent and Forward Seller harmless against any loss, claim, damage or expense (including, without limitation, penalties, interest and reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company. Each of the The parties hereto acknowledges acknowledge and agrees agree that, in performing its obligations under this Agreement, the Agent may borrow Common Shares and/or Series A Preferred Shares from stock lenders in the event that the Company has not delivered Shares to settle sales as required by subsection (vix) above, and may use the Shares to settle or close out such borrowings. The Company and the Operating Partnership agree agrees that no such notice shall be effective against the Agent unless it is made to the representatives persons identified in writing by the Agent pursuant to ‎Section 3(b)(iSection 3(b).

Suspension or Termination of Sales. Consistent with standard market settlement practices, the Company or the Agent through whom Selling Stockholders, on the sale of Shares is to be made one hand, or the Agent, on an agency basis on any Trading Day the other hand, may, upon notice to the other relevant parties party hereto in writing (including via email) or by telephone (confirmed promptly by verifiable email, which confirmation will be promptly acknowledged by each receiving party), suspend any sale of Shares with respect Shares; provided that if any of the representations and warranties of the Company contained in Section 2(a)(ii) are not true and correct as of a Representation Date, the Company will provide notice to which such Agent is acting as sales agent, and the Selling Period shall immediately terminateother party hereto in writing (including via email) or by telephone (confirmed promptly by verifiable email) to suspend any sale of Shares; provided, however, that (A) such suspension and termination shall not affect or impair the respective parties’ any party’s obligations with respect to any Shares placed or sold, or with respect to Shares that the Company has instructed such Agent to sell, sold hereunder prior to the receipt of such notice, that the Agent has agreed to purchase prior to the receipt of such notice pursuant to a Terms Agreement or with respect to any offering or resale of any Shares purchased or to be purchased by the Agent pursuant to a Terms Agreement entered into prior to the receipt of such notice; (B) if the Company suspends or terminates the Selling Stockholders suspend or terminate any sale of Shares after the Agent confirms such sale theretoto the Selling Stockholders, the Company Selling Stockholders shall still be obligated to comply with ‎Section 3(b)(vSection 3(b)(iv) with respect to such Shares; and (C) such suspension and termination shall not affect or impair the respective parties’ obligations with respect to if any Confirmation executed and delivered by the Company and the relevant Forward Purchaser prior to giving of such notice under which Forward Hedge Shares have been sold, and (D) if the Company Selling Stockholder defaults in its obligation to deliver Shares on a Settlement Date, the Company and the Operating Partnership Selling Stockholders collectively agree that they it will hold the relevant Agent harmless against any loss, claim, damage or expense (including, without limitation, penalties, interest and reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Companysuch Selling Stockholder, as applicable. Each of the The parties hereto acknowledges acknowledge and agrees agree that, in performing its obligations under this Agreement, the Agent may borrow Common Shares and/or Series A Preferred Shares from stock lenders in the event that the Company any Selling Stockholder has not delivered Shares to settle sales as required by subsection (v) above, and may use the Shares to settle or close out such borrowings. The Company and the Operating Partnership agree each Selling Stockholder agrees that no such notice of suspension delivered by the Company or the Selling Stockholders pursuant to this Section 3(b)(vi) shall be effective against the Agent unless it is made to the representatives persons identified in writing by the Agent pursuant to ‎Section Section 3(b)(i). While a suspension is in effect, any obligation with respect to the delivery of consents, certificates, opinions, or comfort letters to the Agent shall be deemed waived.

Suspension or Termination of Sales. Consistent with standard market settlement practices, the Company or the Agent through whom Selling Stockholder, on the sale of Shares is to be made one hand, or the Agent, on an agency basis on any Trading Day the other hand, may, upon notice to the other relevant parties party hereto in writing (including via email) or by telephone (confirmed promptly by verifiable email, which confirmation will be promptly acknowledged by each receiving party), suspend any sale of Shares with respect Shares; provided that if any of the representations and warranties of the Company contained in Section 2(a)(ii) are not true and correct as of a Representation Date, the Company will provide notice to which such Agent is acting as sales agent, and the Selling Period shall immediately terminateother party hereto in writing (including via email) or by telephone (confirmed promptly by verifiable email) to suspend any sale of Shares; provided, however, that (A) such suspension and termination shall not affect or impair the respective parties’ any party’s obligations with respect to any Shares placed or sold, or with respect to Shares that the Company has instructed such Agent to sell, sold hereunder prior to the receipt of such notice, that the Agent has agreed to purchase prior to the receipt of such notice pursuant to a Terms Agreement or with respect to any offering or resale of any Shares purchased or to be purchased by the Agent pursuant to a Terms Agreement entered into prior to the receipt of such notice; (B) if the Company or the Selling Stockholder suspends or terminates any sale of Shares after the Agent confirms such sale theretoto the Selling Stockholder, the Company Agent shall still be obligated to comply with ‎Section 3(b)(vSection 3(b)(iv) with respect to such Shares; and (C) such suspension and termination shall not affect or impair the respective parties’ obligations with respect to any Confirmation executed and delivered by the Company and the relevant Forward Purchaser prior to giving of such notice under which Forward Hedge Shares have been sold, and (D) if the Company Selling Stockholder defaults in its obligation to deliver Shares on a Settlement Date, the Company and the Operating Partnership agree Selling Stockholder agrees that they it will hold the relevant Agent harmless against any loss, claim, damage or expense (including, without limitation, penalties, interest and reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the CompanySelling Stockholder. Each of the The parties hereto acknowledges acknowledge and agrees agree that, in performing its obligations under this Agreement, the Agent may borrow Common Shares and/or Series A Preferred Shares from stock lenders in the event that the Company Selling Stockholder has not delivered Shares to settle sales as required by subsection (v) above, and may use the Shares to settle or close out such borrowings. The Company and the Operating Partnership Selling Stockholder agree that no such notice of suspension delivered by the Company or the Selling Stockholder pursuant to this Section 3(b)(vi) shall be effective against the Agent unless it is made to the representatives persons identified in writing by the Agent pursuant to ‎Section Section 3(b)(i). While a suspension is in effect, any obligation with respect to the delivery of consents, certificates, opinions, or comfort letters to the Agent shall be deemed waived.