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Common use of Restricted Shares Clause in Contracts

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6(a) of this Master Confirmation or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, that any Shares to be delivered to Dealer by Counterparty may not be freely returned by Dealer to securities lenders as described in Section 6(a) of this 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 12 contracts

Samples: Equity Distribution Agreement (Centerspace), Equity Distribution Agreement (Centerspace), Equity Distribution Agreement (Centerspace)

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6(a) of this Master Confirmation 6 above or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, 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(a) of this Master Confirmation6 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 7 contracts

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Master Confirmation (Avalonbay Communities Inc), Master Confirmation (Avalonbay Communities Inc)

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6(a) of this Master Confirmation ‎6 above or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, 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(a) of this Master Confirmation‎6 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), Sales Agency Financing Agreement (Avalonbay Communities Inc), Master Confirmation (Avalonbay Communities Inc)

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6(a) of this Master Confirmation above or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, 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(a) of this Master Confirmationabove, 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: At the Market Issuance Sales Agreement (American Homes 4 Rent), Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp)

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6(a) of this Master Confirmation or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, that any Shares to be delivered to Dealer by Counterparty may not be freely returned by Dealer to securities lenders as described in Section 6(a) of this 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 4 contracts

Samples: Confirmation Agreement (Independence Realty Trust, Inc.), Confirmation Agreement (Independence Realty Trust, Inc.), Confirmation Agreement (Independence Realty Trust, Inc.)

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6(a) of this Master Confirmation above or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, 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(a) of this Master Confirmationabove 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 of Counterparty contained in Section 6(a) of this Master Confirmation 6 above or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, 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(a) of this Master Confirmation6 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 (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (RLJ Lodging Trust)

Restricted Shares. If Counterparty is unable to comply with the covenant Registration Covenant of Counterparty contained in Section 6(a‎6(a)(iii) of this Master Confirmation above or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, 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 Registration Covenant of Counterparty contained in Section 6(a‎6(a)(iii) of this Master Confirmationabove, 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 paragraph 6(a) of this Master Confirmation or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, that any Shares to be delivered to Dealer by Counterparty may not be freely returned by Dealer to securities lenders as described in Section paragraph 6(a) of this 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(a) of this Master Confirmation above or Dealer otherwise determines in its reasonable opinion, opinion based on the advice of counsel, counsel that any Shares to be delivered to Dealer by Counterparty may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6(a) of this Master Confirmationabove, 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: Underwriting Agreement (Alliant Energy Corp)

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6(a) of this Master Confirmation above or Dealer otherwise determines in its reasonable opinion, opinion based on the advice of counsel, counsel that any Shares to be delivered to Dealer by Counterparty may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6(a) of this Master Confirmationabove, 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: Underwriting Agreement (Alliant Energy Corp)

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6(a) of this Master Confirmation above or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, opinion that any Shares to be delivered to Dealer by Counterparty may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6(a) of this Master Confirmationabove, 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: Underwriting Agreement (Exelon Corp)

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6(a) of this Master Confirmation 6 or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, 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(a) of this Master Confirmation6, 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 (CMS Energy Corp)

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6(a) of this Master Confirmation above or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, opinion that any Shares to be delivered to Dealer by Counterparty may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6(a) of this Master Confirmationabove, 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: Underwriting Agreement (Dominion Energy Inc /Va/)

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6(a) of this Master Confirmation 6 above or Dealer otherwise determines in its reasonable opinion, based on advice of counsel, 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(a) of this Master Confirmation6 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)