Right to Transfer. Such Forward Seller will, at the Closing Date, have the free and unqualified right to transfer the Borrowed Shares to be sold by such Forward Seller hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such Borrowed Shares and payment of the purchase price as herein contemplated, assuming each of the Underwriters has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the Borrowed Shares purchased by it from such Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 5 contracts
Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)
Right to Transfer. Such Forward Seller will, at the Closing Date, have the free and unqualified right to transfer the Borrowed Shares to be sold by such Forward Seller hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such Borrowed Shares and payment of the purchase price as herein contemplated, assuming each of the Underwriters has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the Borrowed Shares purchased by it from such Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.]
Appears in 4 contracts
Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital, LTD)
Right to Transfer. Such Forward Seller will, at the Closing DateDate and at each Date of Delivery, have the free and unqualified right to transfer the Borrowed Shares to be sold by such Forward Seller hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such Borrowed Shares and payment of the purchase price as herein contemplated, assuming each of the Underwriters has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the Borrowed Shares purchased by it from such Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 2 contracts
Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)
Right to Transfer. Such The Forward Seller will, at the such Additional Closing Date, have the free and unqualified right to transfer the such Borrowed Option Shares to be sold by the extent that it is required to transfer such Forward Seller Borrowed Option Shares hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such Borrowed Option Shares and payment of the purchase price Option Purchase Price therefor as herein contemplated, assuming each of the Underwriters has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the any such Borrowed Option Shares purchased by it from such the Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 1 contract
Right to Transfer. Such Forward Seller will, at the Closing Date, have the free and unqualified right to transfer the Borrowed Underwritten Shares to be sold by such Forward Seller hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such Borrowed Underwritten Shares and payment of the purchase price therefor as herein contemplated, assuming each of the Underwriters has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the Borrowed Underwritten Shares purchased by it from such Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 1 contract
Samples: Regency Centers Corp
Right to Transfer. Such Forward Seller Purchaser will, at the Closing DateTime and at each Date of Delivery, have the free and unqualified right to transfer the Borrowed Shares Securities to be sold by such Forward Seller Purchaser hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such Borrowed Shares Securities and payment of the purchase price therefor as herein contemplated, assuming each of the Underwriters has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the Borrowed Shares Securities purchased by it from such Forward SellerPurchaser, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 1 contract
Right to Transfer. Such The Forward Seller will, at the Closing DateTime, have the free and unqualified right to transfer the Borrowed Shares Forward Securities to be sold by such the Forward Seller hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such Borrowed Shares Forward Securities and payment of the purchase price therefor as herein contemplated, assuming each of the Underwriters has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the Borrowed Shares Forward Securities purchased by it from such the Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 1 contract
Right to Transfer. Such The Forward Seller will, at the Closing Date, have the free and unqualified right to transfer the Borrowed Underwritten Shares to be sold by such the Forward Seller hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such Borrowed Underwritten Shares and payment of the purchase price therefor as herein contemplated, assuming each of the Underwriters has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the any such Borrowed Underwritten Shares purchased by it from such the Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 1 contract
Samples: Regency Centers Corp
Right to Transfer. Such Forward Seller will, at the Closing Date and at each Option Closing Date, have the free and unqualified right to transfer the Borrowed Shares to be sold by such Forward Seller hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such Borrowed Shares and payment of the purchase price therefor as herein contemplated, assuming each of the Underwriters has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the Borrowed Shares purchased by it from such Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 1 contract
Right to Transfer. Such The Forward Seller will, at the Closing DateTime and each Date of Delivery, if any, have the free and unqualified right to transfer the Borrowed Shares Securities to be sold by such the Forward Seller hereunder, hereunder free and clear of any security interest, mortgage, pledge, lien, chargeencumbrance, claim, claim or equity or encumbrance of any kind; and upon delivery of such Borrowed Shares the Securities and payment of the purchase price therefor as herein contemplatedspecified in this Agreement, assuming each of the Underwriters has had no notice of any adverse claim, each of the Underwriters Underwriter will have the free and unqualified right to transfer to the Borrowed Shares Securities purchased by it from such the Forward Seller, Seller free and clear of any security interest, mortgage, pledge, lien, chargeencumbrance, claim, claim or equity or encumbrance of any kind.
Appears in 1 contract
Samples: Purchase Agreement (Vectren Corp)
Right to Transfer. Such Forward Seller Purchaser will, at the Closing DateTime and at each Date of Delivery, have the free and unqualified right to transfer the Borrowed Shares Securities to be sold by such Forward Seller Purchaser hereunder, free and clear of any security interest, mortgage, pledge, lien, chargeencumbrance, claim, claim or equity or encumbrance of any kind; and upon delivery of such Borrowed Shares Securities and payment of the purchase price therefor as herein contemplated, assuming each of the Underwriters has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the Borrowed Shares Securities purchased by it from such Forward SellerPurchaser, free and clear of any security interest, mortgage, pledge, lien, chargeencumbrance, claim, claim or equity or encumbrance of any kind.
Appears in 1 contract
Samples: Purchase Agreement (Pantry Inc)
Right to Transfer. Such The Forward Seller will, at the Closing Date, have the free and unqualified right to transfer the any Borrowed Shares to be sold by the extent that it is required to transfer such Forward Seller Borrowed Shares hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such Borrowed Shares and payment of the purchase price therefor as herein contemplated, assuming each of the Underwriters has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the any such Borrowed Shares purchased by it from such the Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 1 contract
Samples: Portland General Electric Co /Or/
Right to Transfer. Such Forward Seller will, at the Closing Date, have the free and unqualified right to transfer the Borrowed Shares to be sold by such Forward Seller hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such the Borrowed Shares and payment of the purchase price therefor as herein contemplated, contemplated and assuming each of the Underwriters such Underwriter has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the Borrowed Shares purchased by it from such the Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 1 contract
Samples: Underwriting Agreement (Nationwide Health Properties Inc)
Right to Transfer. Such The Forward Seller will, at the Closing Date, have the free and unqualified right to transfer the Borrowed Shares to be sold by such the Forward Seller hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such Borrowed Shares and payment of the purchase price as herein contemplated, assuming each of the Underwriters Underwriter has no notice of any adverse claim, each of the Underwriters Underwriter will have the free and unqualified right to transfer to the Borrowed Shares purchased by it from such the Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 1 contract
Samples: American Capital Strategies LTD
Right to Transfer. Such The Forward Seller will, at the Closing Date, have the free and unqualified right to transfer the Borrowed Shares to be sold by such Forward Seller hereunder, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind; and upon delivery of such the Borrowed Shares and payment of the purchase price Purchase Price therefor as herein contemplated, contemplated and assuming each of the Underwriters such Underwriter has no notice of any adverse claim, each of the Underwriters will have the free and unqualified right to transfer to the Borrowed Shares purchased by it from such the Forward Seller, free and clear of any security interest, mortgage, pledge, lien, charge, claim, equity or encumbrance of any kind.
Appears in 1 contract
Samples: WPS Resources Corp