Ownership in Trust. Upon any purported Transfer (whether or not such Transfer is the result of a transaction entered into through the facilities of the NYSE) or other event that results in the issuance of Class N Excess Preferred Stock pursuant to Section 13(B), such Class N Excess Preferred Stock shall be deemed to have been transferred to the Corporation, as Trustee of a Trust for the exclusive benefit of such Beneficiary or Beneficiaries to whom an interest in such Class N Excess Preferred Stock may later be transferred pursuant to Section 13(J)(iv). Class N Excess Preferred Stock so held in trust shall be issued and outstanding shares of stock of the Corporation. The Purported Record Transferee shall have no rights in such Class N Excess Preferred Stock except the right to designate a transferee of such Class N Excess Preferred Stock upon the terms specified in Section 13(J)(iv). The Purported Beneficial Transferee shall have no rights in such Class N Excess Preferred Stock except as provided in Section 13(J)(iv).
Appears in 2 contracts
Samples: Merger Agreement (Kimco Realty Corp), Merger Agreement (RPT Realty)
Ownership in Trust. Upon any purported Transfer (whether or not such Transfer is the result of a transaction entered into through the facilities of the NYSE) or other event that results in the issuance of Class N E Excess Preferred Stock pursuant to Section 13(Bsubparagraph (2) of this paragraph (G), such Class N E Excess Preferred Stock shall be deemed to have been transferred to the Corporation, as Trustee of a Trust for the exclusive benefit of such Beneficiary or Beneficiaries to whom an interest in such Class N E Excess Preferred Stock may later be transferred pursuant to Section 13(J)(ivsubparagraph (11)(d) of this paragraph (G). Class N E Excess Preferred Stock so held in trust shall be issued and outstanding shares of stock of the Corporation. The Purported Record Transferee shall have no rights in such Class N E Excess Preferred Stock except the right to designate a transferee of such Class N E Excess Preferred Stock upon the terms specified in Section 13(J)(ivsubparagraph (11)(d) of this paragraph (G). The Purported Beneficial Transferee shall have no rights in such Class N E Excess Preferred Stock except as provided in Section 13(J)(ivsubparagraph (11)(d) of this paragraph (G).
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Price Reit Inc), Preferred Stock Purchase Agreement (Kimco Realty Corp)
Ownership in Trust. Upon any purported Transfer (whether or not such Transfer is the result of a transaction entered into through the facilities of the NYSE) or other event that results in the issuance of Class N D Excess Preferred Stock pursuant to Section 13(Bsubparagraph (2) of this paragraph (G), such Class N D Excess Preferred Stock shall be deemed to have been transferred to the Corporation, as Trustee of a Trust for the exclusive benefit of such Beneficiary or Beneficiaries to whom an interest in such Class N D Excess Preferred Stock may later be transferred pursuant to Section 13(J)(ivsubparagraph (11)(e) of this paragraph (G). Class N D Excess Preferred Stock so held in trust shall be issued and outstanding shares of stock of the Corporation. The Purported Record Transferee shall have no rights in such Class N D Excess Preferred Stock except the right to designate a transferee of such Class N D Excess Preferred Stock upon the terms specified in Section 13(J)(ivsubparagraph (11)(e) of this paragraph (G). The Purported Beneficial Transferee shall have no rights in such Class N D Excess Preferred Stock except as provided in Section 13(J)(ivsubparagraph (11)(e) of this paragraph (G).
Appears in 1 contract
Samples: Merger Agreement (Price Reit Inc)