Right to Extend. Dealer may postpone any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer determines, based on advice of counsel, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its hedging activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and regulatory requirements.
Appears in 93 contracts
Samples: Atm Equity Offering Sales Agreement (American Healthcare REIT, Inc.), Atm Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.), Equity Distribution Agreement (Extra Space Storage LP)
Right to Extend. Dealer may postpone any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer determines, based on the advice of counsel, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its hedging activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and regulatory requirements.
Appears in 33 contracts
Samples: Registered Forward Transaction (Agree Realty Corp), Registered Forward Transaction (Agree Realty Corp), Registered Forward Transaction (NETSTREIT Corp.)
Right to Extend. Dealer may postpone any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer determines, based on the advice of counsel, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its hedging activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal legal, regulatory or self-regulatory requirements or with related policies and regulatory requirementsprocedures applicable to Dealer that generally apply to transactions of a nature and kind similar to the Transaction.
Appears in 13 contracts
Samples: Atm Equity Offering Sales Agreement (Digital Realty Trust, L.P.), Sales Agreement (Phillips Edison & Company, Inc.), Registered Forward Transaction (Digital Realty Trust, L.P.)
Right to Extend. Dealer may postpone any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer determines, based on advice of counsel, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its hedging activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and regulatory requirements.
Appears in 4 contracts
Samples: Confirmation (UDR, Inc.), Confirmation (UDR, Inc.), Confirmation Agreement (UDR, Inc.)
Right to Extend. Dealer may postpone any Relevant Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer determines, based on the advice of counsel, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its hedging activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and regulatory requirements.
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)
Right to Extend. Dealer may postpone any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer determines, based on the advice of counsel, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its commercially reasonable hedging activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and regulatory requirements.
Appears in 3 contracts
Samples: Confirmation for Registered Share Forward Transactions (MGM Growth Properties Operating Partnership LP), Confirmation for Registered Share Forward Transactions (MGM Growth Properties Operating Partnership LP), Confirmation for Registered Share Forward Transactions (MGM Growth Properties Operating Partnership LP)
Right to Extend. Dealer may postpone any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer determines, based on advice of counselin its reasonable discretion, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its hedging activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and regulatory requirements, as determined by Dealer in its reasonable discretion.
Appears in 3 contracts
Samples: Atm Equity Offering Sales Agreement (Piedmont Natural Gas Co Inc), Atm Equity Offering Sales Agreement (Piedmont Natural Gas Co Inc), Registered Forward Transaction (Piedmont Natural Gas Co Inc)
Right to Extend. Dealer may postpone any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer as Hedging Party in good faith determines, based on advice of counsel, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its hedging activity hereunder in a manner that would, if Dealer were Counterparty CONE or an affiliated purchaser of CounterpartyCONE, be in compliance with applicable legal and regulatory requirements.
Appears in 2 contracts
Samples: Sales Agreement (CyrusOne Inc.), Sales Agreement (CyrusOne Inc.)
Right to Extend. Dealer may postpone any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer determines, based on advice of counsel, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its hedging activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and regulatory requirements.
Appears in 1 contract
Samples: Confirmation (UDR, Inc.)
Right to Extend. Dealer may postpone delay any Settlement Date or any other date of valuation or deliverydelivery by Dealer, with respect to some or all of the relevant Settlement SharesOptions hereunder, if Dealer reasonably determines, based on advice of counselin its discretion, that such extension is reasonably necessary or appropriate advisable to enable Dealer to effect purchases or borrowings of Shares in connection with its hedging activity or settlement activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and legal, regulatory or self-regulatory requirements, or with related policies and procedures applicable to Dealer.
Appears in 1 contract
Samples: Call Option Transaction (Caci International Inc /De/)
Right to Extend. Dealer may postpone any Settlement Date or any other date of valuation or deliverydelivery by Dealer, with respect to some or all of the relevant Settlement SharesOptions hereunder, if Dealer reasonably determines, based on advice of counselin its reasonable discretion, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its hedging activity or settlement activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and regulatory requirements.
Appears in 1 contract
Right to Extend. Dealer may postpone postpone, in whole or in part, any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, payment if Dealer determines, in its commercially reasonable judgment and, based on advice of counsel, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases or sales of Shares in connection with its hedging hedging, hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be is in compliance with applicable legal and legal, regulatory or self-regulatory requirements, or with related policies and procedures applicable to Dealer.
Appears in 1 contract
Right to Extend. Dealer may postpone any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer determines, based on advice of counselin its discretion, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its hedging activity hereunder or under any other Equity Contract in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and regulatory requirements, as determined by Dealer based upon the advice of outside counsel of national standing.
Appears in 1 contract
Samples: Confirmation of Registered Forward Transactions (Affiliated Managers Group Inc)
Right to Extend. In connection with Cash Settlement or Net Share Settlement, Dealer may postpone any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer determines, based on the advice of counsel, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of or Shares in connection with its hedging activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and regulatory requirements.
Appears in 1 contract
Samples: Equity Distribution Agreement (CareTrust REIT, Inc.)
Right to Extend. Dealer may postpone any Settlement Date or any other date of valuation or delivery, with respect to some or all of the relevant Settlement Shares, if Dealer determines, based on advice of counsel, that such extension is reasonably necessary or appropriate to enable Dealer to effect purchases of Shares in connection with its hedging activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal and regulatory requirements.
Appears in 1 contract
Samples: Confirmation (UDR, Inc.)