ISDA Termination. Either Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(g) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 97 contracts
Samples: Terms Agreement (Essential Properties Realty Trust, Inc.), Equity Distribution Agreement (Extra Space Storage LP), Equity Distribution Agreement (Federal Realty OP LP)
ISDA Termination. Either Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(g) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 48 contracts
Samples: Distribution Agreement (PNM Resources Inc), Distribution Agreement (American Electric Power Co Inc), Agree Realty Corp
ISDA Termination. Either Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph Section 7(g) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 15 contracts
Samples: Sales Agreement (Phillips Edison & Company, Inc.), Terms Agreement (CareTrust REIT, Inc.), Sales Agreement (Phillips Edison & Company, Inc.)
ISDA Termination. Either Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(gSection 7(f) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 5 contracts
Samples: Sempra Energy, Sempra Energy, Sempra Energy
ISDA Termination. Either Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(g7(f) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 4 contracts
Samples: Broadstone Net Lease, Inc., Broadstone Net Lease, Inc., Broadstone Net Lease, Inc.
ISDA Termination. Either (A) Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the AgreementAgreement (in which case Section 6 of the Agreement will apply) or to the extent the provisions of Section 7(m) below apply, the provisions of Paragraph Section 7(g) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;; or
Appears in 3 contracts
Samples: Sales Agreement (National Storage Affiliates Trust), National Storage Affiliates Trust, National Storage Affiliates Trust
ISDA Termination. Either Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(g) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 3 contracts
Samples: Forward Confirmation (Umb Financial Corp), Atlantic Union Bankshares Corp, Umb Financial Corp
ISDA Termination. Either Dealer or Counterparty CONE has the right to designate an Early Termination Date pursuant to Section 6 of the AgreementAgreement (including as a result of Section 7(c) below), in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(g) Section 6 below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 3 contracts
Samples: Terms Agreement (CyrusOne Inc.), Sales Agreement (CyrusOne Inc.), Terms Agreement (CyrusOne Inc.)
ISDA Termination. Either Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(g7(h) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 3 contracts
Samples: Letter Agreement (Independence Realty Trust, Inc.), Independence Realty Trust, Inc., Independence Realty Trust, Inc.
ISDA Termination. Either Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, case (except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, ) the provisions of Paragraph 7(gSection 8(b) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 3 contracts
Samples: MGM Growth Properties Operating Partnership LP, MGM Growth Properties Operating Partnership LP, MGM Growth Properties Operating Partnership LP
ISDA Termination. Either Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(g) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 2 contracts
Samples: Equity Distribution Agreement (Summit Hotel Properties, Inc.), Offeringsm Sales Agreement (Peakstone Realty Trust)
ISDA Termination. Either Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(g7(f) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 2 contracts
ISDA Termination. Either (A) Dealer or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the AgreementAgreement (in which case Section 6 of the Agreement will apply) or to the extent the provisions of Paragraph 7(m) below apply, the provisions of Paragraph 7(g) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;; or
Appears in 2 contracts
Samples: Equity Distribution Agreement (DUKE REALTY LTD PARTNERSHIP/), DUKE REALTY LTD PARTNERSHIP/
ISDA Termination. Either Dealer or Counterparty Essential has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(g) Section 6 below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 1 contract
ISDA Termination. Either Dealer or Counterparty Company has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(g) Section 6 below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 1 contract
Samples: Essential Utilities, Inc.
ISDA Termination. Either Dealer MSCO or Counterparty has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement, in which case, except as otherwise specified herein and except as a result of an Event of Default under Section 5(a)(i) of the Agreement, the provisions of Paragraph 7(gSection 7(f) below shall apply in lieu of the consequences specified in Section 6 of the Agreement;
Appears in 1 contract
Samples: XPO Logistics, Inc.