Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d) below.
Appears in 36 contracts
Samples: Registered Forward Transaction (NETSTREIT Corp.), Registered Forward Transaction (NETSTREIT Corp.), Confirmation of Transaction (NETSTREIT Corp.)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in containing the form provisions set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) below.
Appears in 24 contracts
Samples: Forward Confirmation (Independence Realty Trust, Inc.), Confirmation (UDR, Inc.), Confirmation (UDR, Inc.)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in containing the form provisions set forth in clause clauses (i) and (ii)(B) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) below.
Appears in 3 contracts
Samples: Forward Confirmation (W. P. Carey Inc.), Forward Confirmation (W. P. Carey Inc.), Equity Sales Agreement (W. P. Carey Inc.)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, Counterparty in the form set forth in clause paragraphs (ic), (e), (g), (j) under the heading “Additional Representations and Agreements of Counterparty” (l) in Paragraph 7(d) Section 7 below.
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)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) below.
Appears in 3 contracts
Samples: Sales Agreement (Phillips Edison & Company, Inc.), Sales Agreement (Phillips Edison & Company, Inc.), Sales Agreement (National Storage Affiliates Trust)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d) below.with
Appears in 2 contracts
Samples: Atm Forward Confirmation (W. P. Carey Inc.), Atm Forward Confirmation (W. P. Carey Inc.)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer MSCO with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, substantially in the form set forth in subclauses (A) and (C) of clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d) below.
Appears in 1 contract
Samples: Registered Forward Transaction (XPO Logistics, Inc.)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer JPM with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, substantially in the form set forth in subclauses (A) and (C) of clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d) below.
Appears in 1 contract
Samples: Confirmation of Registered Forward Transaction (XPO Logistics, Inc.)
Settlement Notice Requirements. Notwithstanding any other provision hereofanything to the contrary herein, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not neither be effective to establish a Settlement Date or nor require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under of the heading “Additional Representations and Agreements of Counterparty” in provisions of Paragraph 7(d7(e) of this Master Confirmation Agreement below.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Lithia Motors Inc)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) below. 7 To be as set forth in the Forward Instruction Notice.
Appears in 1 contract
Samples: Registered Forward Transaction (Digital Realty Trust, L.P.)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in containing the form provisions set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) belowbelow .
Appears in 1 contract
Samples: Forward Confirmation (Mid-America Apartments, L.P.)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in containing the form provisions set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) below.
Appears in 1 contract
Samples: Confirmation (UDR, Inc.)
Settlement Notice Requirements. Notwithstanding any other provision hereofanything to the contrary herein, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not neither be effective to establish a Settlement Date or nor require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under of the heading “Additional Representations and Agreements of Counterparty” in provisions of Paragraph 7(d7(e) below.
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Universal Health Realty Income Trust)
