Common use of Notice of Inability to Use Automatic Shelf Registration Statement Form Clause in Contracts

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, at any time when the Shares remain unsold by the Agents, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Shares, the Company shall (i) promptly notify each Agent, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the Shares, in a form reasonably satisfactory to each Agent and subject to subsection (a) of this Section 3, (iii) use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable, and (iv) promptly notify each Agent upon such effectiveness. The Company shall take all other action necessary or appropriate to permit the public offering and sale of the Shares to continue as contemplated herein and in the Registration Statement that was the subject of the notice pursuant to Rule 401(g)(2) or for which the Company has otherwise become ineligible to use. References herein to the Registration Statement relating to the Shares shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, at any time when the Shares remain unsold by the Agents, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Sharesautomatic shelf registration statement form, the Company shall (i) promptly notify each Agentthe Agents, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the Shares, in a form reasonably satisfactory to each Agent the Agents and subject to subsection (a) of this Section 3, (iii) use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable, and (iv) promptly notify each Agent the Agents upon such effectiveness. The Company shall take all other action necessary or appropriate to permit the public offering and sale of the Shares to continue as contemplated herein and in the Registration Statement that was the subject of the notice pursuant to Rule 401(g)(2) or for which the Company has otherwise become ineligible to use. References herein to the Registration Statement relating to the Shares shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, at any time when the Shares Placement Securities remain unsold by the Sales Agents, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations Securities Act or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Sharesautomatic shelf registration statement form, the Company shall (i) promptly notify each Agentthe Sales Agents, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the SharesPlacement Securities, in a form reasonably satisfactory to each Agent the Sales Agents and subject to subsection (a) of this Section 37, (iii) use its best commercially reasonable efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable, and (iv) promptly notify each Agent the Sales Agents upon such effectiveness. The Company shall take all other action necessary or appropriate to permit the public offering and sale of the Shares Placement Securities to continue as contemplated herein and in the Registration Statement that was the subject of the notice pursuant to Rule 401(g)(2) of the Securities Act or for which the Company has otherwise become ineligible to use. References herein to the Registration Statement relating to the Shares Placement Securities shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, If at any time when the Shares Securities remain unsold by the Agents, Underwriters the Operating Partnership or the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Sharesautomatic shelf registration statement form, the Operating Partnership and the Company shall will (i) promptly notify each Agentthe Underwriters, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the SharesSecurities, in a form reasonably satisfactory to each Agent and subject to subsection (a) of this Section 3the Underwriters, (iii) use its their respective reasonable best efforts to cause such registration statement or of post-effective amendment to be declared effective as soon promptly as practicable, practicable and (iv) promptly notify each Agent upon the Underwriters of such effectiveness. The Each of the Operating Partnership and the Company shall will take all other action reasonably necessary or appropriate to permit the public offering and sale of the Shares Securities to continue as contemplated herein and in the Registration Statement registration statement that was the subject of the notice pursuant to Rule 401(g)(2) notice or for which the Operating Partnership or the Company has otherwise become ineligible to useineligible. References herein to the Registration Statement relating to the Shares shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, at any time when the Shares remain unsold by the Agents, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Sharesautomatic shelf registration statement form, the Company shall (i) promptly notify each Agentthe Agents, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the Shares, in a form reasonably satisfactory to each Agent the Agents and subject to subsection (a) of this Section 3, (iii) use its best commercially reasonable efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable, and (iv) promptly notify each Agent the Agents upon such effectiveness. The Company shall take all other action necessary or appropriate to permit the public offering and sale of the Shares to continue as contemplated herein and in the Registration Statement that was the subject of the notice pursuant to Rule 401(g)(2) or for which the Company has otherwise become ineligible to use. References herein to the Registration Statement relating to the Shares shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, at any time when the Shares remain unsold by the Agents, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Sharesautomatic shelf registration statement form, the Company shall (i) promptly notify each Agentthe Agents, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the Shares, in a form reasonably satisfactory to each Agent the Agents and subject to subsection (a) of this Section 3, (iii) use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable, and (iv) promptly notify each Agent the Agents upon such effectiveness. The Company shall take all other action necessary or appropriate to permit the public offering and sale of the Shares to continue as contemplated herein and in the Registration Statement that was the subject of the notice pursuant to Rule 401(g)(2) or for which the Company has otherwise become ineligible to use. References herein to the Registration Statement relating to the Shares shall include such new registration statement or post-effective amendment, as the case may be, references herein to the Basic Prospectus relating to the Shares shall include any new prospectus contained in such new registration statement and references herein to the Prospectus Supplement relating to the Shares shall include any new prospectus supplement contemplated by this Section 3(h).

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, at any time when the Shares remain unsold by the AgentsCitigroup, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Shares, the Company shall (i) promptly notify each AgentCitigroup, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the Shares, in a form reasonably satisfactory to each Agent Citigroup and subject to subsection (a) of this Section 3, (iii) use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable, and (iv) promptly notify each Agent Citigroup upon such effectiveness. The Company shall take all other action necessary or appropriate to permit the public offering and sale of the Shares to continue as contemplated herein and in the Registration Statement that was the subject of the notice pursuant to Rule 401(g)(2) or for which the Company has otherwise become ineligible to use. References herein to the Registration Statement relating to the Shares shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, at any time when the Class A Common Shares remain unsold by the AgentsBMOCO, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Sharesautomatic shelf registration statement form, the Company shall (i) promptly notify each AgentBMOCM, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the Class A Common Shares, in a form reasonably satisfactory to each Agent BMOCM and subject to subsection (a) of this Section 3, (iii) use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable, and (iv) promptly notify each Agent BMOCM upon such effectiveness. The Company shall take all other action necessary or appropriate to permit the public offering and sale of the Class A Common Shares to continue as contemplated herein and in the Registration Statement that was the subject of the notice pursuant to Rule 401(g)(2) or for which the Company has otherwise become ineligible to use. References herein to the Registration Statement relating to the Class A Common Shares shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, at any time when the Shares remain unsold by the Agents, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Shares, the Company shall (i) promptly notify each Agentthe Agents, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the Shares, in a form reasonably satisfactory to each Agent the Agents and subject to subsection (a) of this Section 3, (iii) use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable, and (iv) promptly notify each Agent the Agents upon such effectiveness. The Company shall take all other action necessary or appropriate to permit the public offering and sale of the Shares to continue as contemplated herein and in the Registration Statement that was the subject of the notice pursuant to Rule 401(g)(2) or for which the Company has otherwise become ineligible to use. References herein to the Registration Statement relating to the Shares shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, If at any time when during the Shares remain unsold by the AgentsProspectus Delivery Period, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations Securities Act or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Sharesautomatic shelf registration statement form, the Company shall will (i) promptly notify the Representatives, each AgentForward Purchaser and each Forward Seller, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the Shares, in a form reasonably satisfactory to the Representatives, each Agent Forward Purchaser and subject to subsection (a) of this Section 3each Forward Seller, (iii) use its reasonable best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable, and (iv) promptly notify the Representatives, each Agent upon Forward Purchaser and each Forward Seller of such effectiveness. The Company shall will take all other action reasonably necessary or appropriate to permit the public offering and sale of the Shares to continue as contemplated herein and in the Registration Statement registration statement that was the subject of the notice pursuant to Rule 401(g)(2) of the Securities Act notice or for which the Company has otherwise become ineligible to useineligible. References herein to the Registration Statement relating to the Shares shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, at any time when the Shares remain unsold by the AgentsBMOCM, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Shares, the Company shall (i) promptly notify each AgentBMOCM, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the Shares, in a form reasonably satisfactory to each Agent BMOCM and subject to subsection (a) of this Section 3, (iii) use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable, and (iv) promptly notify each Agent BMOCM upon such effectiveness. The Company shall take all other action necessary or appropriate to permit the public offering and sale of the Shares to continue as contemplated herein and in the Registration Statement that was the subject of the notice pursuant to Rule 401(g)(2) or for which the Company has otherwise become ineligible to use. References herein to the Registration Statement relating to the Shares shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If, at any time when the Shares remain unsold by the Agentsunsold, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Rules and Regulations or otherwise ceases to be eligible to use the Registration Statement for the offer and sale of the Sharesautomatic shelf registration statement form, the Company shall (i) promptly notify each AgentManager and each Forward Purchaser, (ii) promptly file a new registration statement or post-effective amendment to the existing Registration Statement on the proper form relating to the Shares, in a form reasonably satisfactory to each Agent Manager and each Forward Purchaser and subject to subsection (a) of this Section 3, (iii) use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable, and (iv) promptly notify each Agent Manager and each Forward Purchaser upon such effectiveness. The Company shall take all other action necessary or appropriate to permit the public offering and sale of the Shares to continue as contemplated herein and in the Registration Statement that was the subject of the notice pursuant to Rule 401(g)(2) or for which the Company has otherwise become ineligible to use. References herein to the Registration Statement relating to the Shares shall include such new registration statement or post-effective amendment, as the case may be.