Delivery of Cash. For the avoidance of doubt, nothing in this Confirmation shall be interpreted as requiring the Company to deliver cash in respect of the settlement of this Transaction, except in circumstances where the required cash settlement thereof is permitted for classification of the contract as equity by ASC 815-40 (formerly EITF 00-19) as in effect on the Trade Date (including, without limitation, where the Company so elects to deliver cash or fails timely to elect to deliver Shares in respect of such settlement).
Appears in 4 contracts
Samples: Equity Distribution Agreement (Sabra Health Care REIT, Inc.), Equity Distribution Agreement (NETSTREIT Corp.), Equity Distribution Agreement (Sabra Health Care REIT, Inc.)
Delivery of Cash. For the avoidance of doubt, nothing in this Confirmation shall be interpreted as requiring the Company to deliver cash in respect of the settlement of the Transactions contemplated by this TransactionConfirmation, except in circumstances where the required cash settlement thereof is permitted for classification of the contract as equity by ASC 815-40 (formerly EITF 00-19) 19 as in effect on the relevant Trade Date (including, without limitation, where the Company so elects to deliver cash or fails timely to elect to deliver Shares or Share Termination Delivery Property in respect of the settlement of such settlementTransactions).
Appears in 3 contracts
Samples: Warrant Agreement (Legg Mason Inc), Warrant Agreement (Legg Mason Inc), Warrant Agreement (Legg Mason Inc)
Delivery of Cash. For the avoidance of doubt, after payment of the Premium, nothing in this Confirmation shall be interpreted as requiring the Company Counterparty to deliver cash in respect of the settlement of the Transactions contemplated by this TransactionConfirmation, except in circumstances where the required cash settlement thereof is permitted for classification of the contract as equity by ASC 815-40 (formerly EITF 00-19) 19 as in effect on the relevant Trade Date (including, without limitation, where the Company Counterparty so elects to deliver cash or fails timely to elect to deliver Shares or Share Termination Delivery Property in respect of the settlement of such settlementTransactions).
Appears in 2 contracts
Samples: Call Option Transaction (Legg Mason Inc), Call Option Transaction (Legg Mason Inc)
Delivery of Cash. For the avoidance of doubt, nothing in this Master Confirmation or any Supplemental Confirmation shall be interpreted as requiring the Company Counterparty to deliver cash in respect of the settlement of this each Transaction, except in circumstances where the required cash settlement thereof is permitted for classification of the contract as equity by ASC 815-40 (formerly EITF 00-19) as in effect on the Trade Date (including, without limitation, where the Company Counterparty so elects to deliver cash or fails timely to elect to deliver Shares in respect of such settlement).
Appears in 2 contracts
Samples: Master Confirmation (Lexington Realty Trust), Master Confirmation (Lexington Realty Trust)
Delivery of Cash. For the avoidance of doubt, nothing in this Master Confirmation or any Supplemental Confirmation shall be interpreted as requiring the Company Counterparty to deliver cash in respect of the settlement of this any Transaction, except in circumstances where the required cash settlement thereof is permitted for classification of the contract as equity by ASC 815-40 (formerly EITF 00-19) as in effect on the Trade Date (including, without limitation, where the Company Counterparty so elects to deliver cash or fails timely to elect to deliver Shares in respect of such settlement).
Appears in 1 contract
