Termination by the Company. The Company shall have the right, by giving one (1) day notice as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 39 contracts
Samples: Equity Distribution Agreement (Castle Brands Inc), Equity Distribution Agreement (Castle Brands Inc), Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc)
Termination by the Company. The Company shall have the right, by giving one ten (110) day days’ notice as hereinafter specified specified, to terminate this Agreement in its sole discretion at any time after time. After delivery of such notice, the date of this Agreement. Upon termination of this Agreement pursuant Company shall no longer have any right to this Section 12(b), deliver any outstanding Placement Issuance Notices shall also be terminatedhereunder.
Appears in 36 contracts
Samples: Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)
Termination by the Company. The Company shall have the right, by giving one (1) day Trading Day’s notice as hereinafter specified specified, to terminate this Agreement in its sole discretion at any time after the date time; provided, however, that termination in no event shall be effective prior to settlement of all outstanding sales of Shares under this Agreement. Upon termination After delivery of this Agreement pursuant such notice, the Company shall no longer have any right to this Section 12(b), deliver any outstanding Placement Transaction Notices shall also be terminatedhereunder.
Appears in 11 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (SITE Centers Corp.), Sales Agency Financing Agreement (DDR Corp)
Termination by the Company. The Company shall have the right, by giving one (1) day notice, unless such notice is waived by the recipient, as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b11(b), any outstanding Placement Notices shall also be terminated.
Appears in 11 contracts
Samples: Distribution Agreement (Capital Southwest Corp), Debt Distribution Agreement (Hercules Capital, Inc.), Equity Distribution Agreement (Hercules Capital, Inc.)
Termination by the Company. The Company shall have the right, by giving one (1) day ten Trading Days’ notice as hereinafter specified specified, to terminate this Agreement in its sole discretion at any time after time. After delivery of such notice, the date of this Agreement. Upon termination of this Agreement pursuant Company shall no longer have any right to this Section 12(b), deliver any outstanding Placement Issuance Notices shall also be terminatedhereunder.
Appears in 11 contracts
Samples: Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.), Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.), Sales Agency Financing Agreement (Brandywine Operating Partnership, L.P.)
Termination by the Company. The Company shall have the right, by giving one (1) day day’s notice as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Capstead Mortgage Corp), Equity Distribution Agreement (ACRES Commercial Realty Corp.)
Termination by the Company. The Company shall have the right, by giving one (1) day Trading Day’s notice as hereinafter specified specified, to terminate this Agreement in its sole discretion at any time after the date time; provided, however, that termination in no event shall be effective prior to settlement of all outstanding sales of Issuance Shares under this Agreement. Upon termination After delivery of this Agreement pursuant such notice, the Company shall no longer have any right to this Section 12(b), deliver any outstanding Placement Issuance Notices shall also be terminatedhereunder.
Appears in 6 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp), Sales Agency Financing Agreement (DDR Corp)
Termination by the Company. The Company shall have the right, by giving one (1) day notice as hereinafter specified right to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Ellington Financial Inc.), Equity Distribution Agreement (Ellington Residential Mortgage REIT), Equity Distribution Agreement (Ellington Financial Inc.)
Termination by the Company. The Company shall have the right, by giving one (1) day notice as hereinafter specified specified, to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Two Harbors Investment Corp.), Equity Distribution Agreement (Two Harbors Investment Corp.), Equity Distribution Agreement (Ellington Financial Inc.)
Termination by the Company. The Company shall have the right, by giving one ten (110) day days’ notice as hereinafter specified specified, to terminate this Agreement in its the Company’s sole discretion at any time after time. After delivery of such notice, the date of this Agreement. Upon termination of this Agreement pursuant Company shall no longer have any right to this Section 12(b), deliver any outstanding Placement Issuance Notices shall also be terminatedhereunder.
Appears in 4 contracts
Samples: Sales Agency Agreement (Avista Corp), Sales Agency Agreement (Avista Corp), Sales Agency Agreement (Avista Corp)
Termination by the Company. The Company shall have the right, by giving one ten (110) day days' notice as hereinafter specified specified, to terminate this Agreement in its sole discretion at any time after time. After delivery of such notice, the date of this Agreement. Upon termination of this Agreement pursuant Company shall no longer have any right to this Section 12(b), deliver any outstanding Placement Issuance Notices shall also be terminatedhereunder.
Appears in 4 contracts
Samples: Sales Agency Agreement (Idacorp Inc), Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Agreement (Idaho Power Co)
Termination by the Company. The Company shall have the right, by giving one (1) day written notice as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Marin Software Inc), Equity Distribution Agreement (Marin Software Inc), Equity Distribution Agreement (Marin Software Inc)
Termination by the Company. The Company shall have the right, by giving one (1) day notice as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b13(b), any outstanding Placement Notices shall also be terminated.
Appears in 3 contracts
Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)
Termination by the Company. The Notwithstanding any other provision of this Agreement, the Company shall have the right, by giving one (1) day day’s notice as hereinafter specified specified, to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Marinus Pharmaceuticals Inc), Equity Distribution Agreement (Marinus Pharmaceuticals Inc), Equity Distribution Agreement (Marinus Pharmaceuticals Inc)
Termination by the Company. The Company shall have the right, by giving one (1) day ten days’ notice as hereinafter specified specified, to terminate this Agreement in its sole discretion at any time after time. After delivery of such notice, the date of this Agreement. Upon termination of this Agreement pursuant Company shall no longer have any right to this Section 12(b), deliver any outstanding Placement Issuance Notices shall also be terminatedhereunder.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (ITC Holdings Corp.), Sales Agency Financing Agreement (ITC Holdings Corp.)
Termination by the Company. The Company shall have the right, by giving one ten (110) day days’ notice as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Impac Mortgage Holdings Inc), Impac Mortgage Holdings Inc
Termination by the Company. The Company shall have the right, by giving one (1) day written notice as hereinafter specified specified, to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Icad Inc), Equity Distribution Agreement (Sorrento Therapeutics, Inc.)
Termination by the Company. The Company shall have the right, by giving one (1) day notice, unless such notice is waived by a representative of the Sales Manager, as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Harvest Capital Credit Corp), Equity Distribution Agreement (Harvest Capital Credit Corp)
Termination by the Company. The Company shall have the right, by giving one (1) day day’s notice as hereinafter specified to terminate the provisions of this Agreement with respect to any Placement Agent in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement with respect to any Placement Agent pursuant to this Section 12(b), any outstanding Placement Notices with such Placement Agent (as amended by the corresponding Acceptance, if applicable) shall also be terminated.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Invesco Mortgage Capital Inc.)
Termination by the Company. The Company shall have the right, by giving one (1) day notice, unless such notice is waived by the recipient, as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Newtek Business Services Corp.), Equity Distribution Agreement (Hercules Technology Growth Capital Inc)
Termination by the Company. The Company shall have the right, by giving one five (15) day days notice to each of the Placement Agents as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 1 contract
Termination by the Company. The Company shall have the right, by giving one (1) day notice as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 1 contract
Samples: Equity Distribution Agreement (National Health Investors Inc)
Termination by the Company. The Company shall have the right, by giving one (1) day notice as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement, with respect to one or more Placement Agents. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 1 contract
Termination by the Company. The Company shall have the right, by giving one (1) day Business Day’s notice as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices shall also be terminated.
Appears in 1 contract
Samples: Equity Distribution Agreement (National Health Investors Inc)
Termination by the Company. The Company shall have the right, by giving one (1) day written notice in advance as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices (as amended by the corresponding Acceptance, if applicable) shall also be terminated.
Appears in 1 contract
Samples: Equity Distribution Agreement (New York Mortgage Trust Inc)
Termination by the Company. The Company shall have the right, by giving one (1) day day’s notice as hereinafter specified specified, to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b13(b), any outstanding Placement Notices (as amended by the corresponding Acceptance, if applicable) shall also be terminated.
Appears in 1 contract
Samples: Management Agreement (Invesco Mortgage Capital Inc.)
Termination by the Company. The Company shall have the right, by giving one (1) day day’s notice as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement. Upon termination of this Agreement pursuant to this Section 12(b), any outstanding Placement Notices (as amended by the corresponding Acceptance, if applicable) shall also be terminated.
Appears in 1 contract
Samples: Management Agreement (Invesco Mortgage Capital Inc.)
