Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 above, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Welltower Inc.), Equity Distribution Agreement (Welltower Inc.), Equity Distribution Agreement (Welltower Inc.)
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above 6(a) of this Master Confirmation or Dealer otherwise determines in its reasonable opinion opinion, based on advice of counsel, that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant Section 6(a) of Counterparty contained in Section 6 abovethis Master Confirmation, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Centerspace), Equity Distribution Agreement (Centerspace), Equity Distribution Agreement (QualityTech, LP)
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 6 above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 6 above, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 5 contracts
Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Avalonbay Communities Inc, Equity Distribution Agreement (CMS Energy Corp)
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above 6(a) of this Master Confirmation or Dealer otherwise determines in its reasonable opinion opinion, based on advice of counsel, that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant Section 6(a) of Counterparty contained in Section 6 abovethis Master Confirmation, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer. 14.
Appears in 5 contracts
Samples: Physicians Realty L.P., Physicians Realty L.P., Physicians Realty L.P.
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 6(a) above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 6(a) above, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A B hereto, unless waived by Dealer.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp), Sales Agreement (American Homes 4 Rent)
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above 6(a) of this Confirmation or Dealer otherwise determines in its reasonable opinion opinion, based on advice of counsel, that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant Section 6(a) of Counterparty contained in Section 6 abovethis Confirmation, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 4 contracts
Samples: Independence Realty Trust, Inc., Independence Realty Trust, Inc., Independence Realty Trust, Inc.
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 6(a) above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 above6(a) above or otherwise constitute “restricted securities” as defined in Rule 144 under the Securities Act, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)
Restricted Shares. If Counterparty is unable to comply with the covenant Registration Covenant of Counterparty contained in Section 6 6(a)(iii) above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant Registration Covenant of Counterparty contained in Section 6 6(a)(iii) above, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Black Hills Corp /Sd/), Equity Distribution Sales Agreement (Ameren Corp)
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 aboveabove or otherwise constitute “restricted securities” as defined in Rule 144 under the Securities Act, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (RLJ Lodging Trust)
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 6(a) above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 6(a) above, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 1 contract
Samples: Exelon Corp
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 above, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A B hereto, unless waived by Dealer.
Appears in 1 contract
Samples: Equity Distribution Agreement (First Industrial Lp)
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 6(a) above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 6(a) above, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 1 contract
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 above6, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 1 contract
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 6(a) above or Dealer otherwise determines in its reasonable opinion based on the advice of counsel that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 6(a) above, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 1 contract
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above paragraph 6(a) of this Master Confirmation or Dealer otherwise determines in its reasonable opinion opinion, based on advice of counsel, that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant paragraph 6(a) of Counterparty contained in Section 6 abovethis Master Confirmation, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 1 contract
Samples: Equity Distribution Agreement (Broadstone Net Lease, Inc.)
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 6(a) above or Dealer otherwise determines in its reasonable opinion based on the advice of counsel that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 6(a) above, then delivery of any such Settlement Shares (the “Unregistered Settlement Shares”) shall be effected pursuant to Annex A hereto, unless waived by Dealer.
Appears in 1 contract
