Covenants of Party 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 104 contracts
Samples: Confirmation of Registered Forward Transaction (Ventas, Inc.), Atm Equity Offering Sales Agreement (Acadia Realty Trust), Registered Forward Confirmation (National Health Investors Inc)
Covenants of Party 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 19 contracts
Samples: Confirmation (Xcel Energy Inc), Confirmation (Xcel Energy Inc), Confirmation (Xcel Energy Inc)
Covenants of Party 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 19 contracts
Samples: Forward Confirmation (Getty Realty Corp /Md/), Forward Confirmation (Getty Realty Corp /Md/), Forward Confirmation (Getty Realty Corp /Md/)
Covenants of Party 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 12 contracts
Samples: Equity Distribution Agreement (Pinnacle West Capital Corp), Equity Distribution Agreement (Equinix Inc), Master Forward Confirmation (Alexander & Baldwin, Inc.)
Covenants of Party 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: Confirmation (Ameren Corp), Confirmation (Entergy Corp /De/), Confirmation (Entergy Corp /De/)
Covenants of Party 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: Confirmation (Nationwide Health Properties Inc), Confirmation (Nationwide Health Properties Inc), Confirmation (WPS Resources Corp)
Covenants of Party 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: Confirmation (American Water Works Company, Inc.), Confirmation (American Water Works Company, Inc.)
Covenants of Party 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: Master Forward Confirmation (Corporate Office Properties Trust), Master Forward Confirmation (Corporate Office Properties Trust)
Covenants of Party 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: Atm Equity Offering Sales Agreement
