Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceeding), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 69 contracts
Samples: Equity Distribution Agreement (Federal Realty OP LP), Sales Agreement (Phillips Edison & Company, Inc.), Equity Distribution Agreement (Federal Realty OP LP)
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this the Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceeding), it being understood that this the Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 53 contracts
Samples: Forward Confirmation (Umb Financial Corp), Sales Agreement (Kilroy Realty, L.P.), Forward Confirmation (Essential Properties Realty Trust, Inc.)
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this the Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceedingFiling), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 51 contracts
Samples: Letter Agreement (VICI Properties L.P.), Letter Agreement (VICI Properties L.P.), Letter Agreement (VICI Properties L.P.)
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the U.S. Bankruptcy Code in respect of the Issuer, this Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceeding), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 25 contracts
Samples: NETSTREIT Corp., NETSTREIT Corp., NETSTREIT Corp.
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this the Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceedingFiling), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 18 contracts
Samples: Equity Offeringsm Sales Agreement (Tanger Properties LTD Partnership /Nc/), Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust)
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity 2002 Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this the Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceedingFiling), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 17 contracts
Samples: Equity Offering Sales Agreement (Americold Realty Trust), Equity Offering Sales Agreement (Americold Realty Trust), Distribution Agreement (Invitation Homes Inc.)
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this the Transaction shall automatically terminate on the date thereof without further liability of either party to this Forward Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Forward Confirmation prior to the date of such Insolvency Filing or other proceedingFiling), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 13 contracts
Samples: Pinnacle West Capital Corp, Pinnacle West Capital Corp, Pinnacle West Capital Corp
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceeding), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 5 contracts
Samples: Sempra Energy, Sempra Energy, Sempra Energy
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the IssuerIssuer (a “Bankruptcy Termination Event”), this Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation or the Agreement prior to the date of such Insolvency Filing or other proceeding), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 3 contracts
Samples: MGM Growth Properties Operating Partnership LP, MGM Growth Properties Operating Partnership LP, MGM Growth Properties Operating Partnership LP
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the U.S. Bankruptcy Code in respect of the Issuer, this Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceeding), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.. (m)
Appears in 2 contracts
Samples: Sun Communities Inc, Sun Communities Inc
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under Title 11 of the Bankruptcy United States Code in respect of the Issuer, this Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceeding), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 2 contracts
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or Agreement, in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this the Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceedingFiling), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 2 contracts
Samples: Letter Agreement (Performance Food Group Co), Healthpeak Properties, Inc.
Insolvency Filing. Notwithstanding anything to the contrary herein, in any Supplemental Confirmation, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this each Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Master Confirmation or any Supplemental Confirmation prior to the date of such Insolvency Filing or other proceeding), it being understood that this each Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 2 contracts
Samples: Equity Distribution Agreement (DUKE REALTY LTD PARTNERSHIP/), DUKE REALTY LTD PARTNERSHIP/
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of Counterparty, the Issuer, this Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceeding), it being understood that this the Transaction is a contract for the issuance of Shares by the IssuerCounterparty.
Appears in 2 contracts
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement Agreement, in the 2000 Definitions or in the Equity 2002 Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this the Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceedingFiling), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 2 contracts
Samples: Terms Agreement (Hcp, Inc.), Hcp, Inc.
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to -29- the date of such Insolvency Filing or other proceeding), it being understood that this Transaction is a contract for the issuance of Shares by the IssuerIssuer as contemplated by Section 365(c)(2) of the Bankruptcy Code.
Appears in 1 contract
Samples: Distribution Agreement (American Electric Power Co Inc)
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other proceeding under the Bankruptcy Code in respect of the Issuer, this Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceeding), it being understood that this Transaction is a contract for the issuance of Shares by the IssuerIssuer as contemplated by Section 365(c)(2) of the Bankruptcy Code.
Appears in 1 contract
Insolvency Filing. Notwithstanding anything to the contrary herein, in the Agreement or in the Equity Definitions, upon any Insolvency Filing or other any proceeding under Title 11 of the Bankruptcy United States Code in respect of the Issuer, this Transaction shall automatically terminate on the date thereof without further liability of either party to this Confirmation to the other party (except for any liability in respect of any breach of representation or covenant by a party under this Confirmation prior to the date of such Insolvency Filing or other proceeding), it being understood that this Transaction is a contract for the issuance of Shares by the Issuer.
Appears in 1 contract
Samples: UDR, Inc.
