Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 48 contracts
Samples: Registered Forward Transaction (Agree Realty Corp), Registered Forward Transaction (Agree Realty Corp), Registered Forward Transaction (Agree Realty Corp)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 22 contracts
Samples: Forward Confirmation (Essential Properties Realty Trust, Inc.), Forward Confirmation (Essential Properties Realty Trust, Inc.), Forward Confirmation (Essential Properties Realty Trust, Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [200] basis points per annum (each, a “Stock Borrow Event”);
Appears in 15 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 [200] basis points per annum (each, a “Stock Borrow Event”);
Appears in 11 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 300 basis points per annum (each, a “Stock Borrow Event”);
Appears in 11 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.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 7 contracts
Samples: Forward Confirmation (Spirit Realty Capital, Inc.), Forward Confirmation (Spirit Realty Capital, Inc.), Forward Confirmation (Mid-America Apartments, L.P.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 7 contracts
Samples: Forward Confirmation (Rexford Industrial Realty, Inc.), Forward Confirmation (Rexford Industrial Realty, Inc.), Forward Confirmation (Rexford Industrial Realty, Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [*] basis points per annum (each, a “Stock Borrow Event”);
Appears in 7 contracts
Samples: Atm Equity Offering Sales Agreement (American Healthcare REIT, Inc.), Atm Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.), Equity Distribution Agreement (Spirit Realty Capital, Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost (excluding any balance sheet charges or funding costs incurred by such party) to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 5 contracts
Samples: Registered Forward Transaction (Sempra Energy), Registered Forward Transaction (Sempra Energy), Registered Forward Transaction (Sempra Energy)
Stock Borrow Event. In the good faith and commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 300 basis points per annum (each, a “Stock Borrow Event”);
Appears in 4 contracts
Samples: Registered Forward Transaction (Sun Communities Inc), Confirmation of Registered Forward Transaction (Sun Communities Inc), Registered Forward Transaction (Sun Communities Inc)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an any relevant affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an any relevant affiliate of Dealer) would incur a volume-weighted average cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 basis points per annum the Maximum Stock Loan Rate (each, a “Stock Borrow Event”);
Appears in 4 contracts
Samples: Confirmation (PPL Corp), Confirmation (PPL Corp), Confirmation (PPL Corp)
Stock Borrow Event. In the commercially reasonable judgment of Dealer Dealer, (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);
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)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [ ] basis points per annum (each, a “Stock Borrow Event”);
Appears in 3 contracts
Samples: Registered Forward Transaction (Piedmont Natural Gas Co Inc), Atm Equity Offering Sales Agreement (Piedmont Natural Gas Co Inc), Atm Equity Offering Sales Agreement (Piedmont Natural Gas Co Inc)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 [*] basis points per annum (each, a “Stock Borrow Event”);
Appears in 3 contracts
Samples: Equity Distribution Agreement (Extra Space Storage LP), Atm Forward Confirmation (W. P. Carey Inc.), Atm Forward Confirmation (W. P. Carey Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (or such other rate as the Counterparty and Dealer may agree), other than due to a deterioration in the creditworthiness of the Dealer (or any relevant affiliate of Dealer) (each, a “Stock Borrow Event”);
Appears in 2 contracts
Samples: Forward Confirmation (Independence Realty Trust, Inc.), Forward Confirmation (Independence Realty Trust, Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost (excluding any balance sheet charges or funding costs incurred by such party) to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 2 contracts
Samples: Registered Forward Transaction (Sempra), Registered Forward Transaction (Sempra)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an any relevant affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an any relevant affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 2 contracts
Samples: Distribution Agreement (PNM Resources Inc), Distribution Agreement (American Electric Power Co Inc)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this such Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this such Transaction that is greater than a rate equal to 200 basis points per annum the Maximum Stock Loan Fee specified in the applicable Supplemental Confirmation (each, a “Stock Borrow Event”);
Appears in 2 contracts
Samples: Master Forward Confirmation (DUKE REALTY LTD PARTNERSHIP/), Equity Distribution Agreement (DUKE REALTY LTD PARTNERSHIP/)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [ 🌑 ] basis points per annum (each, a “Stock Borrow Event”);
Appears in 2 contracts
Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty Investment Trust)
Stock Borrow Event. In the commercially reasonable judgment of Dealer acting as Hedging Party (Ai) Dealer (or an affiliate of Dealer) is not able to hedge hedge, or maintain a hedge, in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (Bii) Dealer (or an affiliate of Dealer) would incur a cost to borrow (borrow, or to maintain a borrow of) , Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 2 contracts
Samples: Sales Agreement (Essential Utilities, Inc.), Registered Forward Confirmation (Essential Utilities, Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [•] basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealerits affiliate) (A) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 [*] basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Samples: Equity Distribution Agreement (Summit Hotel Properties, Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost (excluding any balance sheet charges or funding costs incurred by such party) to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 [*] basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Southern California Gas Co)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this any Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Samples: Equity Distribution Agreement (CareTrust REIT, Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum annum, other than due to a deterioration in the creditworthiness of the Dealer (or any relevant affiliate of Dealer) (each, a “Stock Borrow Event”);
Appears in 1 contract
Samples: Forward Confirmation (Independence Realty Trust, Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [*] basis points points8 per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Samples: Equity Distribution Agreement (Four Corners Property Trust, Inc.)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 [•] basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this any Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this any Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Samples: Atm Equity Offering Sales Agreement (Lithia Motors Inc)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [ ] basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Samples: Sales Agreement (Preferred Apartment Communities Inc)
Stock Borrow Event. In the commercially reasonable judgment of Dealer Dealer, it (or its affiliate) (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 [200] basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [ ● ] basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Samples: Equity Distribution Agreement (Federal Realty OP LP)
Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [*] basis points points8 per annum (each, a “Stock Borrow Event”);; 8 As agreed by the parties for each Transaction
Appears in 1 contract
Samples: Equity Distribution Agreement (Four Corners Property Trust, Inc.)
