Forward Seller definition

Forward Seller has the meaning set forth in the introductory paragraph of this Agreement.
Forward Seller has the meaning set forth in the introductory paragraph of this Agreement. If a Forward Seller has not been identified in the introductory paragraph of this Agreement, the Company agrees that all provisions of this Agreement related to the Forward Seller are not applicable hereunder.
Forward Seller has the meaning set forth in the introductory paragraph.

Examples of Forward Seller in a sentence

  • The Prospectus delivered to Agent and the Forward Seller was or will be identical to the electronically transmitted copies thereof filed with the Commission pursuant to EXXXX, except to the extent permitted by Regulation S-T.

  • During a Suspension Period, the Company shall not issue any Placement Notices and neither Agent nor the Forward Seller shall sell any Shares hereunder.

  • The indemnity agreement set forth in this Section 10(b) shall be in additional to any other liabilities that Agent, the Forward Seller or the Forward Purchaser may otherwise have.

  • The Company and its subsidiaries have not distributed and will not distribute any offering material in connection with the offering and sale of the Shares to be sold hereunder by Agent as agent for the Company or by the Forward Seller, other than the Prospectus or any permitted free writing prospectus reviewed and consented to by Agent or the Forward Seller.

  • Each of the Parties agrees that no such notice under this Section 4 shall be effective against Agent, the Forward Seller or the Forward Purchaser unless it is made to one of the individuals named on Schedule 3 hereto, as such Schedule may be amended from time to time.

  • On each Forward Hedge Settlement Date, the Forward Seller will deliver the related Aggregate Forward Hedge Price to the Forward Purchaser in same day funds to an account designated by the Forward Purchaser prior to the relevant Forward Hedge Settlement Date.

  • Each of the Registration Statement and any post-effective amendment thereto, at the time of its effectiveness and at each deemed effective date with respect to Agent and the Forward Seller pursuant to Rule 430B(f)(2) under the Securities Act, conformed and will conform in all material respects, at the time it became effective, to the requirements of the Securities Act.

  • Any certificate signed by an officer of the Company and delivered to Agent, the Forward Seller and the Forward Purchaser or to their counsel pursuant to or in connection with this Agreement or any Terms Agreement shall be deemed to be a representation and warranty by the Company and the Operating Partnership to Agent as to the matters set forth therein as of the date or dates indicated therein.

  • Agent, Forward Seller and Forward Purchaser shall have received the certificate required to be delivered pursuant to Section 7(n) on or before the date on which delivery of such certificate is required pursuant to Section 7(n).

  • The Registration Statement and any post-effective amendment thereto has (i) been prepared by the Company in conformity with the requirements of the Securities Act, (ii) been filed with the Commission under the Securities Act, (iii) became effective upon filing under Rule 462(e) the Securities Act, and (iv) been delivered by the Company to Agent and the Forward Seller.


More Definitions of Forward Seller

Forward Seller has the meaning set forth in the introductory paragraph of this Agreement. Where the context requires, the term “Forward Seller” as used herein shall include the definition of the same under the Alternative Sales Agency Agreements, to the extent applicable.

Related to Forward Seller

  • Forward Purchaser has the meaning set forth in the introductory paragraph of this Agreement.

  • Forward Hedge Selling Period means, subject to Section 2(c) hereof, the period of one to 20 consecutive Trading Days (as determined by the Company in the Company’s sole discretion and specified in the applicable Placement Notice (as amended by the corresponding Acceptance, if applicable) specifying that it relates to a “Forward”) beginning on the date specified in the applicable Placement Notice (as amended by the corresponding Acceptance, if applicable) or, if such date is not a Trading Day, the next Trading Day following such date and ending on the last such Trading Day or such earlier date on which the Forward Seller shall have completed the sale of Forward Hedge Securities in connection with the applicable Forward; provided that if, prior to the scheduled end of any Forward Hedge Selling Period (x) any event occurs that would permit the Forward Purchaser to designate a “Scheduled Trading Day” as an “Early Valuation Date” (as each such term is defined in the Master Forward Confirmation) under, and pursuant to the provisions opposite the caption “Early Valuation” in Section 2 of the Master Forward Confirmation or (y) a “Bankruptcy Termination Event” (as such term is defined in the Master Forward Confirmation) occurs, then the Forward Hedge Selling Period shall, upon the Forward Seller becoming aware of such occurrence, immediately terminate as of the first such occurrence. Any Forward Hedge Selling Period then in effect shall immediately terminate upon the termination of this Agreement pursuant to Section 9 or Section 13 hereof and as set forth in Sections 2(b) and 4 hereof.

  • Selling Agent Morgan Stanley & Co.

  • Forward Hedge Shares means all Common Stock borrowed by the Forward Purchaser and offered and sold by the Forward Seller in connection with any Forward that has occurred or may occur in accordance with the terms and conditions of this Agreement. Where the context requires, the term “Forward Hedge Shares” as used herein shall include the definition of the same under the Alternative Distribution Agreements.

  • Settlement Agent means, with respect to any Transaction the subject of which is a Wet-Ink Mortgage Loan, the entity approved by Buyer, in its sole good-faith discretion, which may be a title company, escrow company or attorney in accordance with local law and practice in the jurisdiction where the related Wet-Ink Mortgage Loan is being originated. A Settlement Agent is deemed approved unless Buyer notifies Seller otherwise at any time electronically or in writing.

  • Forward Hedge Selling Commission means, for any Forward Contract, the product of (x) the Forward Hedge Selling Commission Rate for such Forward Contract and (y) the Volume-Weighted Hedge Price.

  • Purchaser means the organization purchasing the goods.

  • Buyer has the meaning set forth in the preamble.

  • Seller has the meaning set forth in the Preamble.