Common use of Delivery of Cash Clause in Contracts

Delivery of Cash. For the avoidance of doubt, nothing in this Master Confirmation or any Supplemental Confirmation shall be interpreted as requiring Counterparty to deliver cash or other assets in respect of the settlement of the Transactions, except in circumstances where the required cash or other asset settlement thereof is permitted for classification of the contract as equity by ASC 815-40, Derivatives and Hedging – Contracts in Entity’s Own Equity, as in effect on the date hereof.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Welltower Inc.), Equity Distribution Agreement (Welltower Inc.), Sales Agency Financing Agreement (Eastgroup Properties Inc)

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Delivery of Cash. For the avoidance of doubt, nothing in this Master Confirmation or any Supplemental Confirmation shall be interpreted as requiring Counterparty to deliver cash or other assets in respect of the settlement of the Transactionsany Transaction, except in circumstances where the required cash or other asset settlement thereof is permitted for classification of the contract as equity by ASC 815-40, Derivatives and Hedging – Hedging—Contracts in Entity’s Own Equity, as in effect on the date hereofTrade Date.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp), American Homes 4 Rent

Delivery of Cash. For the avoidance of doubt, nothing in this Master Confirmation or any Supplemental Confirmation shall be interpreted as requiring Counterparty Party B to deliver cash or other assets in respect of the settlement of the Transactionsany Transaction, except in circumstances where the required cash or other asset settlement thereof is permitted for classification of the contract as equity by ASC 815-40, Derivatives and Hedging – Contracts in Entity’s Own Equity, as in effect on the date hereofTrade Date.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Brixmor Operating Partnership LP), Terms Agreement (Apartment Income REIT Corp.), Open Market Sale (Opthea LTD)

Delivery of Cash. For the avoidance of doubt, nothing in this Master Confirmation or any Supplemental Confirmation shall be interpreted as requiring Counterparty to deliver cash or other assets in respect of the settlement of the TransactionsTransaction, except in circumstances where the required cash or other asset settlement thereof is permitted for classification of the contract as equity by ASC 815-40, Derivatives and Hedging Contracts in Entity’s Own Equity, as in effect on the date hereofTrade Date.

Appears in 1 contract

Samples: Underwriting Agreement (Avalonbay Communities Inc)

Delivery of Cash. For the avoidance of doubt, nothing in this Master Confirmation or any Supplemental Confirmation shall be interpreted as requiring Counterparty to deliver cash or other assets in respect of the settlement of the Transactionsany Transaction, except in circumstances where the required cash or other asset settlement thereof is permitted for classification of the contract as equity by ASC 815-40, Derivatives and Hedging - Contracts in Entity’s Own Equity, as in effect on the date hereofTrade Date.

Appears in 1 contract

Samples: Sales Agreement (American Homes 4 Rent)

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Delivery of Cash. For the avoidance of doubt, nothing in this Master Confirmation or any Supplemental Confirmation shall be interpreted as requiring Counterparty to deliver cash or other assets in respect of the settlement of the Transactionsany Transaction, except in circumstances where the required cash or other asset settlement thereof is permitted for classification of the contract as equity by ASC 815-40, Derivatives and Hedging – Contracts in Entity’s Own Equity, as in effect on the date hereofTrade Date.

Appears in 1 contract

Samples: Equity Distribution Agreement (First Industrial Lp)

Delivery of Cash. For the avoidance of doubt, nothing in this Master Confirmation or any Supplemental Confirmation shall be interpreted as requiring Counterparty to receive or deliver cash or other assets in respect of the settlement of the TransactionsTransaction, except in circumstances where the required cash or other asset settlement thereof is permitted for classification of the contract as equity by ASC 815-40, Derivatives and Hedging – Contracts in Entity’s Own Equity, as in effect on the date hereofTrade Date (including, for the avoidance of doubt, where Counterparty elects Cash Settlement).

Appears in 1 contract

Samples: Underwriting Agreement (Dominion Energy Inc /Va/)

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