Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Confirmation and the Agreement; and provided further, that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the Transaction.
Appears in 34 contracts
Samples: Equity Offeringsm Sales Agreement (Tanger Properties LTD Partnership /Nc/), Distribution Agreement (Plymouth Industrial REIT, Inc.), Terms Agreement (Omega Healthcare Investors Inc)
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Confirmation and the Agreement; and provided further, that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the Transaction.. Limit on Beneficial Ownership:
Appears in 8 contracts
Samples: Letter Agreement (Xcel Energy Inc), Letter Agreement (Xcel Energy Inc), Xcel Energy Inc
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation Forward Confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby Transaction that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Forward Confirmation and the Agreement; and provided further, that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the Transaction.
Appears in 6 contracts
Samples: Forward Confirmation (Getty Realty Corp /Md/), Getty Realty Corp /Md/, Getty Realty Corp /Md/
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation Confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders shareholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Confirmation and the Agreement; and provided further, further that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the Transaction.
Appears in 6 contracts
Samples: Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust)
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Confirmation and the Agreement; and provided further, further that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the Transaction.
Appears in 5 contracts
Samples: Terms Agreement (Acadia Realty Trust), Acadia Realty Trust (Acadia Realty Trust), Terms Agreement (Acadia Realty Trust)
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Confirmation and the Agreement; and provided further, that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the this Transaction.
Appears in 4 contracts
Samples: Letter Agreement (PPL Corp), American Equity Investment Life Holding Co, American Equity Investment Life Holding Co
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation Forward Confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Forward Confirmation and the Agreement; and provided further, that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the Transaction.
Appears in 4 contracts
Samples: Pinnacle West Capital Corp, Pinnacle West Capital Corp, Pinnacle West Capital Corp
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation Forward Confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby Transaction that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Forward Confirmation and the Agreement; and provided further, that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the Transaction.. Limit on Beneficial Ownership:
Appears in 4 contracts
Samples: Getty Realty Corp /Md/, Getty Realty Corp /Md/, Getty Realty Corp /Md/
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Party B; B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Confirmation and the Agreement; Agreement; and provided further, further that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the Transaction.
Appears in 3 contracts
Samples: Acadia Realty Trust, Acadia Realty Trust, Acadia Realty Trust
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s 's right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Confirmation and the Agreement; and provided further, that nothing herein shall limit or shall be deemed to limit Party A’s 's rights in respect of any transaction other than the Transaction.
Appears in 2 contracts
Samples: Underwriting Agreement (American Capital Strategies LTD), American Capital Strategies LTD
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Party B; provided, however, provided that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Confirmation and the Agreement; and provided further, further that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the Transaction.
Appears in 2 contracts
Samples: Letter Agreement (Vici Properties Inc.), Letter Agreement (Vici Properties Inc.)
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders shareholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Confirmation and the Agreement; and provided further, further that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the Transaction.
Appears in 2 contracts
Samples: Terms Agreement (Americold Realty Operating Partnership, L.P.), OHI Healthcare Properties Limited Partnership
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Confirmation and the Agreement; and provided further, further that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the this Transaction.
Appears in 1 contract
Status of Claims in Bankruptcy. Party A acknowledges and agrees that this confirmation is not intended to convey to Party A rights with respect to the transactions contemplated hereby that are senior to the claims of common stockholders shareholders in any U.S. bankruptcy proceedings of Party B; provided, however, that nothing herein shall limit or shall be deemed to limit Party A’s right to pursue remedies in the event of a breach by Party B of its obligations and agreements with respect to this Confirmation and the Agreement; and provided provided, further, that nothing herein shall limit or shall be deemed to limit Party A’s rights in respect of any transaction other than the Transaction.
Appears in 1 contract
Samples: Armada Hoffler Properties, Inc.
