Forward Agreement Clause Samples

Forward Agreement. Nothing in this clause 45 shall restrict: (a) the Developer and/or the Tenant at any time from entering into a Forward Agreement with or requiring the grant or assignment of the Leases pursuant to a Forward Agreement to a person who would be a permitted assignee under clause 10 of the Leases Provided That the Forward Agreement shall not involve the transfer of the Tenant's interest in the Development to the purchaser under the Forward Agreement until the Leases have been or are provided to be granted in accordance with clause 17.2; or (b) at any time, the grant of security to an Approved Funder of the purchaser under a Forward Agreement.
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Forward Agreement. The Forward Agreement has been duly authorized, executed and delivered by the Company and, upon execution and delivery by the Forward Purchaser, will constitute a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally or by general principles of equity (the “Bankruptcy Exceptions”).
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Forward Agreement. As of the Closing Date, the Subscribers and Issuer will be deemed to have entered into six tranches of cash-settled share forward transactions as follows: (A) For each Included Reference Period, if the Settlement Price for such Included Reference Period is less than the Forward Price for such Included Reference Period, Issuer shall make a cash payment to each Subscriber in an amount equal to the settlement payment as set forth in Section 13(a)(i)(B) below. If the Settlement Price for such Included Reference Period is equal to or greater than the Forward Price for such Included Reference Period, no cash payment shall occur and such forward payment for the Included Reference Period will be canceled without further obligation, to any party under this Section 13(a)(i)(A). For the avoidance of doubt, nothing in this Section 13(a)(i)(A) shall excuse or cancel Issuer’s obligations in any remaining Reference Periods or with regard to the payment of the Second Option Premium or to the payments under Section 17(a) (if not already discharged). (B) Such purchase shall be settled exclusively by means of a cash payment rounded to the nearest cent in USD from Issuer to each Subscriber in an amount equal to the greater of (i) USD 0 and (ii) such Subscriber’s Applicable Portion of (I) (x) the Forward Price for such Included Reference Period minus (y) the Settlement Price for such Included Reference Period multiplied by (II) the aggregate Number of Shares for such Included Reference Period. There shall be no physical delivery of any shares of Class A Common Stock, and the Subscribers shall never have any obligation to deliver any such shares to Issuer pursuant to this Section 13(a). Each payment contemplated by this clause (B) is referred to as a “Forward Settlement Payment”.
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Related to Forward Agreement

  • Award Agreement Each Option shall be evidenced by an Award Agreement that shall specify the Exercise Price, the expiration date of the Option, the number of Shares to which the Option pertains, any conditions to exercise of the Option, and such other terms and conditions as the Committee, in its discretion, shall determine. The Award Agreement shall specify whether the Option is intended to be an Incentive Stock Option or a Non-qualified Stock Option.

  • Award Agreements Each SAR grant shall be evidenced by an Award Agreement in such form as the Committee may approve and shall contain such terms and conditions not inconsistent with other provisions of the Plan as shall be determined from time to time by the Committee.

  • Option Agreement Each Option granted pursuant to this Section 9 shall be evidenced by a written stock option agreement, which shall be executed by the Non-employee Director and the Company.

  • Amendment of this Award Agreement The Committee may waive any conditions or rights under, amend any terms of, or alter, suspend, discontinue, cancel or terminate this Award Agreement prospectively or retroactively; provided, however, that any such waiver, amendment, alteration, suspension, discontinuance, cancelation or termination that would materially and adversely impair your rights under this Award Agreement shall not to that extent be effective without your consent (it being understood, notwithstanding the foregoing proviso, that this Award Agreement and the Restricted Shares shall be subject to the provisions of Section 7(c) of the Plan).

  • Grant Agreement) This represents the status at the time of signature of this Consortium Agreement.