Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities purchased by the Placement Agents as principals remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such Securities, in form and substance satisfactory to the Placement Agents, (iii) use its best efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible.
Appears in 10 contracts
Sources: Equity Distribution Agreement (Dupont Fabros Technology, Inc.), Equity Distribution Agreement (Dupont Fabros Technology, Inc.), Equity Distribution Agreement (Dupont Fabros Technology, Inc.)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities purchased by the Placement Agents as principals remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement Agents, (iii) use its reasonable best efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 5 contracts
Sources: Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance reasonably satisfactory to the Placement Agents, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 4 contracts
Sources: Atm Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.), Atm Equity Offering Sales Agreement (Safehold Inc.), Atm Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement Agents, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 3 contracts
Sources: Atm Equity Offering Sales Agreement (Rocket Lab USA, Inc.), Atm Equity Offering Sales Agreement (Middlesex Water Co), Equity Sales Agreement (Kimco Realty Corp)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, If at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement Agents, (iiiii) use its reasonable best efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iviii) promptly notify the Placement Agents of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 3 contracts
Sources: At Market Issuance Sales Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), At Market Issuance Sales Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), At Market Issuance Sales Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents as principals remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement Agents, (iii) use its best efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 2 contracts
Sources: Atm Equity Offering Sales Agreement (Uniti Group Inc.), Atm Equity Offering Sales Agreement (Communications Sales & Leasing, Inc.)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement Agents, (iii) use its best efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 2 contracts
Sources: Atm Equity Offering Sales Agreement (DICE Therapeutics, Inc.), Atm Equity Offering Sales Agreement (South Jersey Industries Inc)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance reasonably satisfactory to the Placement Agents, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as reasonably practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 2 contracts
Sources: Equity Sales Agreement (W. P. Carey Inc.), Equity Sales Agreement (W. P. Carey Inc.)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, If at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement AgentsAgent, (iiiii) use its reasonable best efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iviii) promptly notify the Placement Agents Agent of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), At Market Issuance Sales Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance reasonably satisfactory to the Placement Agents, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action commercially reasonable actions necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 2 contracts
Sources: Atm Equity Offering Sales Agreement (CoreCivic, Inc.), Atm Equity Offering Sales Agreement (Corrections Corp of America)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities purchased by the Placement Agents as principals remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-post- effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement Agents, (iii) use its reasonable best efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 1 contract
Sources: Equity Sales Agreement (Armour Residential REIT, Inc.)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance reasonably satisfactory to the Placement Agents, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will use its commercially reasonable efforts to take all other action actions necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 1 contract
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement Agents, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other reasonable action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 1 contract
Sources: Equity Distribution Agreement (JBG SMITH Properties)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement Agents, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 1 contract
Sources: Atm Equity Offering Sales Agreement (B&G Foods, Inc.)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance reasonably satisfactory to the Placement Agents, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 1 contract
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement Agents, (iii) use its reasonable best efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will use its commercially reasonable effort to take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 1 contract
Sources: Atm Equity Offering Sales Agreement (Inovio Pharmaceuticals, Inc.)
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement AgentsAgent, (ii) promptly use its commercially reasonable efforts to file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement AgentsAgent, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents Agent of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 1 contract
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance satisfactory to the Placement Agents, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other commercially reasonable action necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 1 contract
Ceasing Eligibility For Use of Automatic Shelf Registration Statement Form. If, at any time, during the term of this Agreement or otherwise when Securities Shares purchased by the Placement Agents an Agent as principals principal remain unsold, the Company receives a notice from the Commission pursuant to Rule 401(g)(2) or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to such SecuritiesShares, in form and substance reasonably satisfactory to the Placement Agents, (iii) use its reasonable best efforts to cause such new shelf registration statement or post-effective amendment to be declared effective as soon as practicable and (iv) promptly notify the Placement Agents of such effectiveness. The Company will use its reasonable best efforts to take all other action actions necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the Registration Statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the “Registration Statement” shall include such new shelf registration statement or post-effective amendment, as the case may be.
Appears in 1 contract
Sources: Atm Equity Offering Sales Agreement (Colony Starwood Homes)