Covenants of Party A. (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date to return to securities lenders to close out open Share loans created by Party A or an affiliate of Party A in the course of Party A’s or such affiliate’s hedging activities related to Party A’s exposure under this Confirmation.
Appears in 97 contracts
Samples: Equity Offeringsm Sales Agreement (Tanger Properties LTD Partnership /Nc/), Equity Offering Sales Agreement (Americold Realty Trust), Distribution Agency Agreement (Camden Property Trust)
Covenants of Party A. (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date to return to securities lenders to close out open Share loans created by Party A or an affiliate Affiliate of Party A in the course of Party A’s or such affiliateAffiliate’s hedging activities related to Party A’s exposure under this Confirmation.
Appears in 14 contracts
Samples: Idacorp Inc, Idacorp Inc, Xcel Energy Inc
Covenants of Party A. (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date to return to securities lenders to close out open Share loans created by Party A or an affiliate of Party A in the course of Party A’s or such affiliate’s hedging activities related to Party A’s exposure under this Forward Confirmation.
Appears in 13 contracts
Samples: Pinnacle West Capital Corp, Pinnacle West Capital Corp, Pinnacle West Capital Corp
Covenants of Party A. (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date for a Transaction hereunder to return to securities lenders to close out open Share loans created by Party A or an affiliate of Party A in the course of Party A’s or such affiliate’s hedging activities related to Party A’s exposure under this Master Forward Confirmation and the relevant Supplemental Confirmation.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Centerpoint Energy Inc), Equity Distribution Agreement (ONE Gas, Inc.), Equity Distribution Agreement (Equinix Inc)
Covenants of Party A. (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date to return Shares to securities lenders to close out open Share loans created by Party A or an affiliate Affiliate of Party A in the course of Party A’s or such affiliateAffiliate’s hedging activities related to Party A’s exposure under this Confirmation.
Appears in 4 contracts
Samples: Letter Agreement (Entergy Corp /De/), Letter Agreement (Entergy Corp /De/), Ameren Corp
Covenants of Party A. (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date to return to securities lenders to close out open Share loans created by Party A or an affiliate of Party A in the course of Party A’s or such affiliate’s hedging activities related stock loans, if any, with respect to Party A’s exposure under this ConfirmationShares.
Appears in 3 contracts
Samples: WPS Resources Corp, Nationwide Health Properties Inc, Nationwide Health Properties Inc
Covenants of Party A. (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date for a Transaction hereunder to return to securities lenders to close out open Share loans created by Party A or an affiliate Affiliate of Party A in the course of Party A’s or such affiliateAffiliate’s hedging activities related to Party A’s exposure under this Master Forward Confirmation and the relevant Supplemental Confirmation.
Appears in 2 contracts
Samples: Letter Agreement (Corporate Office Properties Trust), Letter Agreement (Corporate Office Properties Trust)
Covenants of Party A. (ai) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date to return to securities lenders to close out open Share securities loans created by Party A or an affiliate of Party A in the course of Party A’s or such affiliate’s hedging activities related with respect to Party A’s exposure under this ConfirmationShares.
Appears in 2 contracts
Samples: American Equity Investment Life Holding Co, American Equity Investment Life Holding Co
Covenants of Party A. (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date to return Shares to securities lenders to close out open Share loans created by Party A or an affiliate of Party A in the course of Party A’s or such affiliate’s hedging activities related to Party A’s exposure under this Confirmation.
Appears in 2 contracts
Samples: Letter Agreement (American Water Works Company, Inc.), American Water Works Company, Inc.
Covenants of Party A. (a) Unless the provisions set forth below under “Private Placement Procedures” shall be applicable, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date to return to securities lenders to close out open Share loans created by Party A or an affiliate of Party A in the course of Party A’s or such affiliate’s hedging activities related to Party A’s exposure under this Confirmation.. EXHIBIT B-16
Appears in 1 contract
Samples: Terms Agreement And