Spread. Stock loan fee permitting adjustments in Confirmation: [ ] basis points per annum Stock loan fee triggering a stock borrow event in the Confirmation: [ ] basis points per annum Regular Dividend Amounts: For any calendar month ending on or prior to [December 31, 20[ ]]: $[ ] For any calendar month ending after [December 31, 20[ ]]: $[ ] ]9 [Term: [Days][Months]]10: Floor price (adjustable by Company during the [Issuance]11 [Forward Hedge]12 Selling Period, and in no event less than $1.00 per share): $ per share [ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS THE TIME PERIOD IN WHICH SALES ARE REQUESTED TO BE MADE, SPECIFIC DATES THE SECURITIES MAY NOT BE SOLD ON, THE MANNER IN WHICH SALES ARE TO BE MADE BY THE SALES AGENT OR THE FORWARD SELLER, AND/OR THE CAPACITY IN WHICH THE SALES AGENT MAY ACT IN SELLING SHARES (AS PRINCIPAL, AGENT, OR BOTH)] 9 Insert for a Placement Notice that relates to a “Forward.” Regular Dividend Amounts shall not exceed the Forward Price Reduction Amount for the Forward Price Reduction Date occurring in the relevant month (or, if none, shall not exceed zero). 10 Insert for a Placement Notice that relates to a “Forward” to be not less than three months and not more than 2 years. 11 Insert for a Placement Notice that relates to an “Issuance.” 12 Insert for a Placement Notice that relates to a “Forward.” EXHIBIT B1 FORM OF CONFIRMATION (See attached.)
Appears in 3 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Spread. Stock loan fee permitting adjustments in the Confirmation: [ ] basis points per annum Stock loan fee triggering a stock borrow event in the Confirmation: [ ] basis points per annum Regular Dividend Amounts: For any calendar month ending on or prior to [December 31, 20[ ]]: $[ ] For any calendar month ending after [December 31, 20[ ]]: $[ ] ]9 [TermMaturity date for the Confirmation: [Days][Months]]10[ ]10: Floor price (adjustable by Company during the [Issuance]11 [Forward Hedge]12 Selling Period, and in no event less than $1.00 per share): $ per share [ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS THE TIME PERIOD IN WHICH SALES ARE REQUESTED TO BE MADE, SPECIFIC DATES THE SECURITIES MAY NOT BE SOLD ON, THE MANNER IN WHICH SALES ARE TO BE MADE BY THE SALES AGENT OR THE FORWARD SELLER, AND/OR THE CAPACITY IN WHICH THE SALES AGENT MAY ACT IN SELLING SHARES (AS PRINCIPAL, AGENT, OR BOTH)] 9 Insert for a Placement Notice that relates to a “Forward.” Regular Dividend Amounts shall not exceed the Forward Price Reduction Amount for the Forward Price Reduction Date occurring in the relevant month (or, if none, shall not exceed zero). 10 Insert for a Placement Notice that relates to a “Forward” to be not less than three months and not more than 2 years. 11 Insert for a Placement Notice that relates to an “Issuance.” 12 Insert for a Placement Notice that relates to a “Forward.” Final Form EXHIBIT B1 FORM OF CONFIRMATION Form of ATM Forward Confirmation Date: [⚫] To: Xxxxxxx Industrial Realty, Inc. 00000 Xxxxxxxx Xxxxxxxxx, Xxxxx 0000 Xxx Xxxxxxx, XX 00000 Attention: [⚫] From: [DEALER] Ladies and Gentlemen: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between [DEALER] (See attached“Dealer”) and Xxxxxxx Industrial Realty, Inc. (the “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA 2002 Master Agreement specified below. The definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”), are incorporated into this Confirmation. Each party is hereby advised, and each such party acknowledges, that the other party has engaged in, or refrained from engaging in, substantial financial transactions and has taken other material actions in reliance upon the parties’ entry into the Transaction to which this Confirmation relates on the terms and conditions set forth below.)
Appears in 3 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Spread. 1 Insert for a Placement Notice that relates to an “Issuance.” 2 Insert for a Placement Notice that relates to a “Forward.” 3 Insert for a Placement Notice that relates to an “Issuance.” 4 Insert for a Placement Notice that relates to a “Forward.” 5 Insert for a Placement Notice that relates to an “Issuance.” 6 Insert for a Placement Notice that relates to a “Forward.” 7 Insert for a Placement Notice that relates to an “Issuance.” 8 Insert for a Placement Notice that relates to a “Forward.” Stock loan fee permitting adjustments in Confirmation: [ ] basis points per annum Stock loan fee triggering a stock borrow event in the Confirmation: [ ] basis points per annum Regular Dividend Amounts: For any calendar month ending on or prior to [December 31, 20[ ]]: $[ ] For any calendar month ending after [December 31, 20[ ]]: $[ ] ]9 [Term: [Days][Months]]10: Floor price (adjustable by Company during the [Issuance]11 [Forward Hedge]12 Selling Period, and in no event less than $1.00 per share): $ per share [ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS THE TIME PERIOD IN WHICH SALES ARE REQUESTED TO BE MADE, SPECIFIC DATES THE SECURITIES MAY NOT BE SOLD ON, THE MANNER IN WHICH SALES ARE TO BE MADE BY THE SALES AGENT OR THE FORWARD SELLER, AND/OR THE CAPACITY IN WHICH THE SALES AGENT MAY ACT IN SELLING SHARES (AS PRINCIPAL, AGENT, OR BOTH)] 9 Insert for a Placement Notice that relates to a “Forward.” Regular Dividend Amounts shall not exceed the Forward Price Reduction Amount for the Forward Price Reduction Date occurring in the relevant month (or, if none, shall not exceed zero). 10 Insert for a Placement Notice that relates to a “Forward” to be not less than three months and not more than 2 years. 11 Insert for a Placement Notice that relates to an “Issuance.” 12 Insert for a Placement Notice that relates to a “Forward.” EXHIBIT B1 FORM OF CONFIRMATION (See attached.)
Appears in 2 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Spread. Stock loan fee permitting adjustments in Confirmation: [ ] basis points per annum Stock loan fee triggering a stock borrow event in the Confirmation: [ ] basis points per annum Regular Dividend Amounts: For any calendar month ending on or prior to [December 31, 20[ ]]: $[ ] For any calendar month ending after [December 31, 20[ ]]: $[ ] ]9 10 [Term: [Days][Months]]10Days][Months]]11: Floor price (adjustable by Company during the [Issuance]11 Issuance]12 [Forward Hedge]12 Hedge]13 Selling Period, and in no event less than $1.00 per share): $ per share [ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS THE TIME PERIOD IN WHICH SALES ARE REQUESTED TO BE MADE, SPECIFIC DATES THE SECURITIES MAY NOT BE SOLD ON, THE MANNER IN WHICH SALES ARE TO BE MADE BY THE SALES AGENT OR THE FORWARD SELLER, AND/OR THE CAPACITY IN WHICH THE SALES AGENT MAY ACT IN SELLING SHARES (AS PRINCIPAL, AGENT, OR BOTH)] 9 10 Insert for a Placement Notice that relates to a “Forward.” Regular Dividend Amounts shall not exceed the Forward Price Reduction Amount for the Forward Price Reduction Date occurring in the relevant month (or, if none, shall not exceed zero). 10 11 Insert for a Placement Notice that relates to a “Forward” to be not less than three months and not more than 2 years. 11 12 Insert for a Placement Notice that relates to an “Issuance.” 12 13 Insert for a Placement Notice that relates to a “Forward.” EXHIBIT B1 FORM OF CONFIRMATION (See attached.)
Appears in 2 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Spread. 1 Insert for a Placement Notice that relates to an “Issuance.” 2 Insert for a Placement Notice that relates to a “Forward.” 3 Insert for a Placement Notice that relates to an “Issuance.” 4 Insert for a Placement Notice that relates to a “Forward.” 5 Insert for a Placement Notice that relates to an “Issuance.” 6 Insert for a Placement Notice that relates to a “Forward.” 7 Insert for a Placement Notice that relates to an “Issuance.” 8 Insert for a Placement Notice that relates to a “Forward.” Stock loan fee permitting adjustments in the Confirmation: [ ] basis points per annum Stock loan fee triggering a stock borrow event in the Confirmation: [ ] basis points per annum Regular Dividend Amounts: For any calendar month ending on or prior to [December 31, 20[ ]]: $$ [ ] For any calendar month ending after [December 31, 20[ ]]: $$ [ ] ]9 [TermMaturity date for the Confirmation: [Days][Months]]10[ ]10: Floor price (adjustable by Company during the [Issuance]11 [Forward Hedge]12 Selling Period, and in no event less than $1.00 per share): $ per share [ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS THE TIME PERIOD IN WHICH SALES ARE REQUESTED TO BE MADE, SPECIFIC DATES THE SECURITIES MAY NOT BE SOLD ON, THE MANNER IN WHICH SALES ARE TO BE MADE BY THE SALES AGENT OR THE FORWARD SELLER, AND/OR THE CAPACITY IN WHICH THE SALES AGENT MAY ACT IN SELLING SHARES (AS PRINCIPAL, AGENT, OR BOTH)] 9 Insert for a Placement Notice that relates to a “Forward.” Regular Dividend Amounts shall not exceed the Forward Price Reduction Amount for the Forward Price Reduction Date occurring in the relevant month (or, if none, shall not exceed zero). 10 Insert for a Placement Notice that relates to a “Forward” to be not less than three months and not more than 2 years. 11 Insert for a Placement Notice that relates to an “Issuance.” 12 Insert for a Placement Notice that relates to a “Forward.” Final Form EXHIBIT B1 FORM OF CONFIRMATION Form of ATM Forward Confirmation Date: [🌑] To: Xxxxxxx Industrial Realty, Inc. 00000 Xxxxxxxx Xxxxxxxxx, Xxxxx 0000 Xxx Xxxxxxx, XX 00000 Attention: [🌑] From: [DEALER] Ladies and Gentlemen: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between [DEALER] (See attached“Dealer”) and Xxxxxxx Industrial Realty, Inc. (the “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA 2002 Master Agreement specified below. The definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”), are incorporated into this Confirmation. Each party is hereby advised, and each such party acknowledges, that the other party has engaged in, or refrained from engaging in, substantial financial transactions and has taken other material actions in reliance upon the parties’ entry into the Transaction to which this Confirmation relates on the terms and conditions set forth below.)
Appears in 2 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Spread. Stock loan fee permitting adjustments in Confirmation: [ ] basis points per annum Stock loan fee triggering a stock borrow event in the Confirmation: [ ] basis points per annum Regular Dividend Amounts: For any calendar month ending on or prior to [December 31, 20[ ]]: $$ [ ] For any calendar month ending after [December 31, 20[ ]]: $$ [ ] ]9 [Term: [Days][Months]]10: Floor price (adjustable by Company during the [Issuance]11 [Forward Hedge]12 Selling Period, and in no event less than $1.00 per share): $ per share [ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS THE TIME PERIOD IN WHICH SALES ARE REQUESTED TO BE MADE, SPECIFIC DATES THE SECURITIES MAY NOT BE SOLD ON, THE MANNER IN WHICH SALES ARE TO BE MADE BY THE SALES AGENT OR THE FORWARD SELLER, AND/OR THE CAPACITY IN WHICH THE SALES AGENT MAY ACT IN SELLING SHARES (AS PRINCIPAL, AGENT, OR BOTH)] 9 Insert for a Placement Notice that relates to a “Forward.” Regular Dividend Amounts shall not exceed the Forward Price Reduction Amount for the Forward Price Reduction Date occurring in the relevant month (or, if none, shall not exceed zero). 10 Insert for a Placement Notice that relates to a “Forward” to be not less than three months and not more than 2 years. 11 Insert for a Placement Notice that relates to an “Issuance.” 12 Insert for a Placement Notice that relates to a “Forward.” EXHIBIT B1 FORM OF CONFIRMATION (See attached.)
Appears in 1 contract
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Spread. 1 Insert for a Placement Notice that relates to an “Issuance.” 2 Insert for a Placement Notice that relates to a “Forward.” 3 Insert for a Placement Notice that relates to an “Issuance.” 4 Insert for a Placement Notice that relates to a “Forward.” 5 Insert for a Placement Notice that relates to an “Issuance.” 6 Insert for a Placement Notice that relates to a “Forward.” 7 Insert for a Placement Notice that relates to an “Issuance.” 8 Insert for a Placement Notice that relates to a “Forward.” Stock loan fee permitting adjustments in the Confirmation: [ ] basis points per annum Stock loan fee triggering a stock borrow event in the Confirmation: [ ] basis points per annum Regular Dividend Amounts: For any calendar month ending on or prior to [December 31, 20[ ]]: $[ ] For any calendar month ending after [December 31, 20[ ]]: $[ ] ]9 [TermMaturity date for the Confirmation: [Days][Months]]10[ ]10: Floor price (adjustable by Company during the [Issuance]11 [Forward Hedge]12 Selling Period, and in no event less than $1.00 per share): $ per share [ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS THE TIME PERIOD IN WHICH SALES ARE REQUESTED TO BE MADE, SPECIFIC DATES THE SECURITIES MAY NOT BE SOLD ON, THE MANNER IN WHICH SALES ARE TO BE MADE BY THE SALES AGENT OR THE FORWARD SELLER, AND/OR THE CAPACITY IN WHICH THE SALES AGENT MAY ACT IN SELLING SHARES (AS PRINCIPAL, AGENT, OR BOTH)] 9 Insert for a Placement Notice that relates to a “Forward.” Regular Dividend Amounts shall not exceed the Forward Price Reduction Amount for the Forward Price Reduction Date occurring in the relevant month (or, if none, shall not exceed zero). 10 Insert for a Placement Notice that relates to a “Forward” to be not less than three months and not more than 2 years. 11 Insert for a Placement Notice that relates to an “Issuance.” 12 Insert for a Placement Notice that relates to a “Forward.” Final Form EXHIBIT B1 FORM OF CONFIRMATION Form of ATM Forward Confirmation Date: [⚫] To: Xxxxxxx Industrial Realty, Inc. 00000 Xxxxxxxx Xxxxxxxxx, Xxxxx 0000 Xxx Xxxxxxx, XX 00000 Attention: [⚫] From: [DEALER] Ladies and Gentlemen: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between [DEALER] (See attached“Dealer”) and Xxxxxxx Industrial Realty, Inc. (the “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA 2002 Master Agreement specified below. The definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”), are incorporated into this Confirmation. Each party is hereby advised, and each such party acknowledges, that the other party has engaged in, or refrained from engaging in, substantial financial transactions and has taken other material actions in reliance upon the parties’ entry into the Transaction to which this Confirmation relates on the terms and conditions set forth below.)
Appears in 1 contract
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Spread. Stock loan fee permitting adjustments in the Confirmation: [ ] basis points per annum Stock loan fee triggering a stock borrow event in the Confirmation: [ ] basis points per annum Regular Dividend Amounts: For any calendar month ending on or prior to [December 31, 20[ ]]: $[ ] For any calendar month ending after [December 31, 20[ ]]: $[ ] ]9 [TermMaturity date for the Confirmation: [Days][Months]]10[ ]10: Floor price (adjustable by Company during the [Issuance]11 [Forward Hedge]12 Selling Period, and in no event less than $1.00 per share): $ per share [ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS THE TIME PERIOD IN WHICH SALES ARE REQUESTED TO BE MADE, SPECIFIC DATES THE SECURITIES MAY NOT BE SOLD ON, THE MANNER IN WHICH SALES ARE TO BE MADE BY THE SALES AGENT OR THE FORWARD SELLER, AND/OR THE CAPACITY IN WHICH THE SALES AGENT MAY ACT IN SELLING SHARES (AS PRINCIPAL, AGENT, OR BOTH)] 9 Insert for a Placement Notice that relates to a “Forward.” Regular Dividend Amounts shall not exceed the Forward Price Reduction Amount for the Forward Price Reduction Date occurring in the relevant month (or, if none, shall not exceed zero). 10 Insert for a Placement Notice that relates to a “Forward” to be not less than three months and not more than 2 years. 11 Insert for a Placement Notice that relates to an “Issuance.” 12 Insert for a Placement Notice that relates to a “Forward.” Final Form EXHIBIT B1 FORM OF CONFIRMATION Form of ATM Forward Confirmation Date: [⚫] To: Xxxxxxx Industrial Realty, Inc. 00000 Xxxxxxxx Xxxxxxxxx, Xxxxx 0000 Los Angeles, CA 90025 Attention: [⚫] From: [DEALER] Ladies and Gentlemen: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between [DEALER] (See attached“Dealer”) and Xxxxxxx Industrial Realty, Inc. (the “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA 2002 Master Agreement specified below. The definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”), are incorporated into this Confirmation. Each party is hereby advised, and each such party acknowledges, that the other party has engaged in, or refrained from engaging in, substantial financial transactions and has taken other material actions in reliance upon the parties’ entry into the Transaction to which this Confirmation relates on the terms and conditions set forth below.)
Appears in 1 contract
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Spread. Stock loan fee permitting adjustments in the Confirmation: [ ] basis points per annum Stock loan fee triggering a stock borrow event in the Confirmation: [ ] basis points per annum Regular Dividend Amounts: For any calendar month ending on or prior to [December 31, 20[ ]]: $[ ] For any calendar month ending after [December 31, 20[ ]]: $[ ] ]]9 [TermMaturity date for the Confirmation: [Days][Months]]10[ ]10: Floor price (adjustable by Company during the [Issuance]11 [Forward Hedge]12 Selling Period, and in no event less than $1.00 per share): $ per share [ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS THE TIME PERIOD IN WHICH SALES ARE REQUESTED TO BE MADE, SPECIFIC DATES THE SECURITIES MAY NOT BE SOLD ON, THE MANNER IN WHICH SALES ARE TO BE MADE BY THE SALES AGENT OR THE FORWARD SELLER, AND/OR THE CAPACITY IN WHICH THE SALES AGENT MAY ACT IN SELLING SHARES (AS PRINCIPAL, AGENT, OR BOTH)] 9 Insert for a Placement Notice that relates to a “Forward.” Regular Dividend Amounts shall not exceed the Forward Price Reduction Amount for the Forward Price Reduction Date occurring in the relevant month (or, if none, shall not exceed zero). 10 Insert for a Placement Notice that relates to a “Forward” to be not less than three months and not more than 2 years. 11 Insert for a Placement Notice that relates to an “Issuance.” 12 Insert for a Placement Notice that relates to a “Forward.” Final Form EXHIBIT B1 FORM OF CONFIRMATION Form of ATM Forward Confirmation Date: [⚫] To: Xxxxxxx Industrial Realty, Inc. 00000 Xxxxxxxx Xxxxxxxxx, Xxxxx 0000 Xxx Xxxxxxx, XX 00000 Attention: [⚫] From: [DEALER] Ladies and Gentlemen: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between [DEALER] (See attached“Dealer”) and Xxxxxxx Industrial Realty, Inc. (the “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA 2002 Master Agreement specified below. The definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”), are incorporated into this Confirmation. Each party is hereby advised, and each such party acknowledges, that the other party has engaged in, or refrained from engaging in, substantial financial transactions and has taken other material actions in reliance upon the parties’ entry into the Transaction to which this Confirmation relates on the terms and conditions set forth below.)
Appears in 1 contract
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Spread. Stock loan fee permitting adjustments in the Confirmation: [ ] basis points per annum Stock loan fee triggering a stock borrow event in the Confirmation: [ ] basis points per annum Regular Dividend Amounts: For any calendar month ending on or prior to [December 31, 20[ ]]: $[ ] For any calendar month ending after [December 31, 20[ ]]: $[ ] ]9 [TermMaturity date for the Confirmation: [Days][Months]]10[ ]10: Floor price (adjustable by Company during the [Issuance]11 [Forward Hedge]12 Selling Period, and in no event less than $1.00 per share): $ per share [ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS THE TIME PERIOD IN WHICH SALES ARE REQUESTED TO BE MADE, SPECIFIC DATES THE SECURITIES MAY NOT BE SOLD ON, THE MANNER IN WHICH SALES ARE TO BE MADE BY THE SALES AGENT OR THE FORWARD SELLER, AND/OR THE CAPACITY IN WHICH THE SALES AGENT MAY ACT IN SELLING SHARES (AS PRINCIPAL, AGENT, OR BOTH)] 9 Insert for a Placement Notice that relates to a “Forward.” Regular Dividend Amounts shall not exceed the Forward Price Reduction Amount for the Forward Price Reduction Date occurring in the relevant month (or, if none, shall not exceed zero). 10 Insert for a Placement Notice that relates to a “Forward” to be not less than three months and not more than 2 years. 11 Insert for a Placement Notice that relates to an “Issuance.” 12 Insert for a Placement Notice that relates to a “Forward.” Final Form EXHIBIT B1 FORM OF CONFIRMATION Form of ATM Forward Confirmation Date: [⚫] To: Rxxxxxx Industrial Realty, Inc. 10000 Xxxxxxxx Xxxxxxxxx, Xxxxx 0000 Xxx Xxxxxxx, XX 00000 Attention: [⚫] From: [DEALER] Ladies and Gentlemen: The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between [DEALER] (See attached“Dealer”) and Rxxxxxx Industrial Realty, Inc. (the “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA 2002 Master Agreement specified below. The definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”), are incorporated into this Confirmation. Each party is hereby advised, and each such party acknowledges, that the other party has engaged in, or refrained from engaging in, substantial financial transactions and has taken other material actions in reliance upon the parties’ entry into the Transaction to which this Confirmation relates on the terms and conditions set forth below.)
Appears in 1 contract
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Spread. 1 Insert for a Placement Notice that relates to an “Issuance.” 2 Insert for a Placement Notice that relates to a “Forward.” 3 Insert for a Placement Notice that relates to an “Issuance.” 4 Insert for a Placement Notice that relates to a “Forward.” 5 Insert for a Placement Notice that relates to an “Issuance.” 6 Insert for a Placement Notice that relates to a “Forward.” 7 Insert for a Placement Notice that relates to an “Issuance.” 8 Insert for a Placement Notice that relates to a “Forward.” Stock loan fee permitting adjustments in Confirmation: [ ] basis points per annum Stock loan fee triggering a stock borrow event in the Confirmation: [ ] basis points per annum Regular Dividend Amounts: For any calendar month ending on or prior to [December 31, 20[ ]]: $$ [ ] For any calendar month ending after [December 31, 20[ ]]: $$ [ ] ]9 [Term: [Days][Months]]10: Floor price (adjustable by Company during the [Issuance]11 [Forward Hedge]12 Selling Period, and in no event less than $1.00 per share): $ per share [ADDITIONAL SALES PARAMETERS MAY BE ADDED, SUCH AS THE TIME PERIOD IN WHICH SALES ARE REQUESTED TO BE MADE, SPECIFIC DATES THE SECURITIES MAY NOT BE SOLD ON, THE MANNER IN WHICH SALES ARE TO BE MADE BY THE SALES AGENT OR THE FORWARD SELLER, AND/OR THE CAPACITY IN WHICH THE SALES AGENT MAY ACT IN SELLING SHARES (AS PRINCIPAL, AGENT, OR BOTH)] 9 Insert for a Placement Notice that relates to a “Forward.” Regular Dividend Amounts shall not exceed the Forward Price Reduction Amount for the Forward Price Reduction Date occurring in the relevant month (or, if none, shall not exceed zero). 10 Insert for a Placement Notice that relates to a “Forward” to be not less than three months and not more than 2 years. 11 Insert for a Placement Notice that relates to an “Issuance.” 12 Insert for a Placement Notice that relates to a “Forward.” EXHIBIT B1 FORM OF CONFIRMATION (See attached.)
Appears in 1 contract
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.)