CONDITIONS TO DELIVERY OF ISSUANCE NOTICES AND TO SETTLEMENT. The right of the Company to deliver an Issuance Notice hereunder or to enter into a Terms Agreement on the date of delivery of such Issuance Notice or entry into such Terms Agreement, as applicable, and the obligation of the Agent (i) to use its commercially reasonable efforts to place Shares during the applicable Selling Period or (ii) under any Terms Agreement with respect to any Shares that the Agent has agreed to purchase or has the option to purchase as principal pursuant to such Terms Agreement is each subject to the satisfaction, on each Trading Day during the Selling Period, in the case of the sale of Shares hereunder as a sales agent, or on each day beginning with the execution of the Terms Agreement and ending on the Settlement Date pursuant to such Terms Agreement, of each of the following conditions:
Appears in 4 contracts
Samples: Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust)
