Common use of Sale of Common Shares Clause in Contracts

Sale of Common Shares. Immediately after any sale of Common Shares by the Company hereunder, the aggregate amount of Common Shares that have been issued and sold by the Company hereunder will not exceed the aggregate amount of Common Stock registered and available under the Registration Statement (in this regard, the Company acknowledges and agrees that, although the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Notice, the Sales Agent shall have no responsibility for maintaining records with respect to the availability of Common Stock for sale pursuant to the Registration Statement).

Appears in 11 contracts

Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)

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Sale of Common Shares. Immediately after any sale of Common Shares by the Company hereunder, the aggregate amount of Common Shares of Beneficial Interest that have been issued and sold by the Company hereunder under the Registration Statement, including the Common Shares sold hereunder, will not exceed the aggregate amount of Common Stock such shares registered and available under the Registration Statement (in this regard, the Company acknowledges and agrees that, although that the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Notice, the Sales Agent shall have no responsibility for maintaining records with respect to the aggregate amount of Common Shares sold, or of otherwise monitoring the availability of Common Stock Shares of Beneficial Interest for sale pursuant to sale, under the Registration Statement).

Appears in 8 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.)

Sale of Common Shares. Immediately after any sale of Common Shares by the Company hereunder, the aggregate amount of Common Shares Stock that have has been issued and sold by the Company hereunder will not exceed the aggregate amount of Common Stock registered and available under the Registration Statement (in this regard, the Company acknowledges and agrees that, although the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Notice, the that Sales Agent shall have no responsibility for maintaining records with respect to the aggregate amount of Common Shares sold, or of otherwise monitoring the availability of Common Stock for sale pursuant to sale, under the Registration Statement).

Appears in 7 contracts

Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)

Sale of Common Shares. Immediately after any sale of Common Shares by the Company hereunder, the aggregate amount of Common Shares Stock that have has been issued and sold by the Company hereunder will not exceed the aggregate amount of Common Stock registered and available under the Registration Statement (in this regard, the Company acknowledges and agrees that, although the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Notice, the Sales Agent that Xxxxxxx Xxxxx shall have no responsibility for maintaining records with respect to the aggregate amount of Common Shares sold, or of otherwise monitoring the availability of Common Stock for sale pursuant to sale, under the Registration Statement).

Appears in 7 contracts

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)

Sale of Common Shares. Immediately after any sale of Common Shares by the Company hereunder, the aggregate amount of Common Shares Stock that have has been issued and sold by the Company hereunder will not exceed the aggregate amount of Common Stock registered and available under the Registration Statement (in this regard, the Company acknowledges and agrees that, although the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Noticeexcept as specifically set forth in Section 2.01, the Sales Agent shall have no responsibility for maintaining records with respect to the aggregate amount of Common Shares sold, or of otherwise monitoring the availability of Common Stock for sale pursuant to sale, under the Registration Statement).

Appears in 3 contracts

Samples: Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Boston Properties Inc)

Sale of Common Shares. Immediately after any sale of Common Shares by the Company hereunder, the aggregate amount of Common Shares Stock that have has been issued and sold by the Company hereunder will not exceed the aggregate amount of Common Stock registered and available under the Registration Statement (in this regard, the Company acknowledges and agrees that, although that the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Notice, the Sales Covered Agent shall have no responsibility for maintaining records with respect to the aggregate amount of Common Shares sold, or for otherwise monitoring the availability of Common Stock for sale pursuant to sale, under the Registration Statement).

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)

Sale of Common Shares. Immediately after any sale of Common Shares by the Company hereunder, the aggregate amount of Common Shares that have been issued and sold by the Company hereunder and under the Alternative Sales Agency Agreements will not exceed the aggregate amount of Common Stock registered and available under the Registration Statement (in this regard, the Company acknowledges and agrees that, although the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Notice, the Sales Agent shall have no responsibility for maintaining records with respect to the availability of Common Stock for sale pursuant to the Registration Statement).

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)

Sale of Common Shares. Immediately after any sale of Common Shares by the Company hereunder, the aggregate amount of Common Shares Stock that have has been issued and sold by the Company hereunder will not exceed the aggregate amount of Common Stock registered and available under the Registration Statement (in this regard, the Company acknowledges and agrees that, although the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Noticeexcept as specifically set forth in Section 2.01, the Sales Agent Xxxxxx Xxxxxxx shall have no responsibility for maintaining records with respect to the aggregate amount of Common Shares sold, or of otherwise monitoring the availability of Common Stock for sale pursuant to sale, under the Registration Statement).

Appears in 2 contracts

Samples: Sales Agency Financing Agreement, Sales Agency Financing Agreement (Boston Properties Inc)

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Sale of Common Shares. Immediately after any issuance and sale of Common the Shares by the Company hereunder, the aggregate amount of Common Shares Stock that have has been issued and sold by the Company hereunder will not exceed the aggregate amount of Common Stock registered and available under the Registration Statement (in this regard, the Company acknowledges and agrees that, although that the Sales Agent Underwriters will be required to maintain records of the Common Shares sold pursuant to any Issuance Notice, the Sales Agent shall have no responsibility for maintaining records with respect to the aggregate amount of Common Stock sold, or of otherwise monitoring the availability of Common Stock for sale pursuant to sale, under the Registration Statement).

Appears in 2 contracts

Samples: Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc)

Sale of Common Shares. Immediately after any sale of Common Shares by the Company hereunder, the aggregate amount of Common Shares Stock that have has been issued and sold by the Company hereunder will not exceed the aggregate amount of Common Stock registered and available under the Registration Statement (in this regard, the Company acknowledges and agrees that, although the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Noticeexcept as specifically set forth in Section 2.01, the Sales Agent Xxxxxxx Xxxxx shall have no responsibility for maintaining records with respect to the aggregate amount of Common Shares sold, or of otherwise monitoring the availability of Common Stock for sale pursuant to sale, under the Registration Statement).

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Boston Properties Inc)

Sale of Common Shares. Immediately after any sale of Common Shares by the Company hereunder, the aggregate amount of Common Shares Stock that have has been issued and sold by the Company hereunder will not exceed the aggregate amount of Common Stock registered and available under that shall be authorized by the Registration Statement Utility Regulatory Agencies from time to time (in this regard, the Company acknowledges and agrees that, although the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Notice, the Sales Agent that Xxxxx Fargo shall have no responsibility for maintaining records with respect to the aggregate amount of Common Shares sold, or of otherwise monitoring the availability of Common Stock for sale pursuant to sale, under the Registration Statementapplicable Utility Regulatory Agency authorizations).

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Mdu Resources Group Inc)

Sale of Common Shares. Immediately after any sale of Common Shares by the Company such Selling Shareholder hereunder, the aggregate amount of Common Shares that have been issued and sold by the Company such Selling Shareholder hereunder will not exceed the aggregate amount of Common Stock Shares registered and available under the Registration Statement for sale by such Selling Shareholder (in this regard, the Company Selling Shareholder acknowledges and agrees that, although the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Notice, the Sales Agent that BNYCMI shall have no responsibility for maintaining records with respect to the aggregate amount of Common Shares sold, or of otherwise monitoring the availability of Common Stock for sale pursuant to sale, under the Registration Statement).

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Diana Shipping Inc.)

Sale of Common Shares. Immediately after any sale of Common Shares by the Company hereunder, the aggregate amount of Common Shares Stock that have has been issued and sold by the Company hereunder will not exceed the aggregate amount of Common Stock registered and available under the Registration Statement (in this regard, the Company acknowledges and agrees that, although that the Sales Agent will be required to maintain records of the Common Shares sold pursuant to any Issuance Notice, the Sales Agent Agents shall have no responsibility for maintaining records with respect to the aggregate amount of Common Shares sold, or of otherwise monitoring the availability of Common Stock for sale pursuant to sale, under the Registration Statement).;

Appears in 1 contract

Samples: Sales Agency Agreement (Inland Real Estate Corp)

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