Common use of Stock Borrow Events Clause in Contracts

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate (each, a “Stock Borrow Event”);

Appears in 19 contracts

Samples: Registered Forward Transaction Confirmation (VICI Properties L.P.), Confirmation of Transaction (VICI Properties L.P.), Confirmation of Transaction (VICI Properties L.P.)

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Stock Borrow Events. In the Party A’s good faith, faith commercially reasonable judgment of Party A (i) Party A (or its affiliateAffiliate) is unable to hedge Party A’s exposure to the Transaction because (i) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliatean Affiliate of Party A) would incur a Stock Loan Fee to borrow hedge its exposure to the Transaction that is greater than a number of Shares rate equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 16 contracts

Samples: Confirmation (Xcel Energy Inc), Confirmation (Xcel Energy Inc), Confirmation (Xcel Energy Inc)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [•]15 basis points per annum (each, a “Stock Borrow Event”);

Appears in 9 contracts

Samples: Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 8 contracts

Samples: Confirmation (Americold Realty Trust), Confirmation of Transaction (Americold Realty Trust), Confirmation of Transaction (Americold Realty Trust)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 8 contracts

Samples: Forward Confirmation (Pinnacle West Capital Corp), Forward Confirmation (Pinnacle West Capital Corp), Forward Confirmation (Pinnacle West Capital Corp)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [●]15 basis points per annum (each, a “Stock Borrow Event”);

Appears in 6 contracts

Samples: Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the such Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount for such Transaction of more than a weighted average rate of equal to the Maximum Stock Loan Specified Borrow Rate for such Transaction (each, a “Stock Borrow Event”);

Appears in 5 contracts

Samples: Equity Distribution Agreement (Pinnacle West Capital Corp), Equity Distribution Agreement (Centerpoint Energy Inc), Equity Distribution Agreement (ONE Gas, Inc.)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of equal to the Maximum Stock Loan Specified Borrow Rate (eachas defined below) (each such event, a “Stock Borrow Event”);

Appears in 5 contracts

Samples: Forward Confirmation (Getty Realty Corp /Md/), Forward Confirmation (Getty Realty Corp /Md/), Forward Confirmation (Getty Realty Corp /Md/)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [•]6 basis points per annum (each, a “Stock Borrow Event”);

Appears in 5 contracts

Samples: Atm Equity Offering Sales Agreement (Americold Realty Trust), Atm Equity Offering Sales Agreement (Americold Realty Trust), Atm Equity Offering Sales Agreement (Americold Realty Trust)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A A, (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, lenders or (ii) Party A (or its affiliate) would incur a Stock Loan Fee cost of more than 200 basis points per annum to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate (each, a “Stock Borrow Event”);

Appears in 4 contracts

Samples: Confirmation Agreement (New Jersey Resources Corp), Confirmation (New Jersey Resources Corp), Confirmation (New Jersey Resources Corp)

Stock Borrow Events. In the Party A determines in its good faith, faith and commercially reasonable judgment of Party A (i) Party A that it (or its affiliate) (i) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 4 contracts

Samples: Registered Forward Confirmation (National Health Investors Inc), Registered Forward Transaction Confirmation (National Health Investors Inc), Registered Forward Confirmation (National Health Investors Inc)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (iiB) Party A (or its affiliate) would incur a Stock Loan Fee cost to borrow Shares to hedge its exposure to the Transaction that is greater than a number of Shares rate equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 3 contracts

Samples: Confirmation (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/), Confirmation (Black Hills Corp /Sd/)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A A, (iA) Party A (or its affiliatean affiliate of Party A) is unable to hedge Party A’s exposure to the this Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (iiB) Party A (or its affiliatean affiliate of Party A) would incur a Stock Loan Fee cost to borrow Shares to hedge its exposure to this Transaction that is greater than a number of Shares rate equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 3 contracts

Samples: Confirmation (American Equity Investment Life Holding Co), Confirmation (American Equity Investment Life Holding Co), Underwriting Agreement (Scana Corp)

Stock Borrow Events. In the good faith, faith and commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable unable, after using commercially reasonable efforts, to hedge Party A’s its exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate 200 basis points per annum (each, a “Stock Borrow Event”);Event”);

Appears in 3 contracts

Samples: Confirmation of Registered Forward Transaction (Acadia Realty Trust), Confirmation of Transaction (Acadia Realty Trust), Confirmation of Transaction (Acadia Realty Trust)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliateAffiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliateAffiliate) would incur a Stock Loan Fee an actual cost to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate equal to 300 basis points per annum (each, a “Stock Borrow Event”);

Appears in 3 contracts

Samples: Confirmation (Corporate Office Properties Trust), Confirmation (Corporate Office Properties Trust), Underwriting Agreement (Corporate Office Properties Trust)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (iA) Party A (or its affiliatean affiliate of Party A) is unable to hedge Party A’s exposure to the this Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (iiB) Party A (or its affiliatean affiliate of Party A) would incur a Stock Loan Fee cost to borrow Shares to hedge its exposure to this Transaction that is greater than a number of Shares rate equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate 175 basis points per annum (each, a “Stock Borrow Event”);

Appears in 3 contracts

Samples: Confirmation (Piedmont Natural Gas Co Inc), Confirmation (Piedmont Natural Gas Co Inc), Underwriting Agreement (Piedmont Natural Gas Co Inc)

Stock Borrow Events. In the good faith, faith commercially reasonable judgment of Party A (i) Party A (or its affiliateAffiliate) is unable to hedge Party A’s exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (iiB) Party A (or its affiliatean Affiliate of Party A) would incur a Stock Loan Fee to borrow a number of Shares equal hedge its exposure to the Base Amount of more Transaction that is greater than a weighted average rate of the Maximum Stock Loan Rate 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 3 contracts

Samples: Confirmation (Ameren Corp), Confirmation (Entergy Corp /De/), Confirmation (Entergy Corp /De/)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the such Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount for such Transaction of more than a weighted average rate of equal to the Maximum Stock Loan Specified Borrow Rate (eachas defined below) for such Transaction (each such event, a “Stock Borrow Event”);

Appears in 2 contracts

Samples: Master Forward Confirmation (Alexander & Baldwin, Inc.), Master Forward Confirmation (Getty Realty Corp /Md/)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [•] basis points per annum (each, a “Stock Borrow Event”);

Appears in 2 contracts

Samples: Registered Forward Confirmation (VICI Properties L.P.), Registered Forward Transaction Confirmation (Vici Properties Inc.)

Stock Borrow Events. In the good faith, faith and commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable unable, after using commercially reasonable efforts, to hedge Party A’s its exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [*]7basis points per annum (each, a “Stock Borrow Event”);

Appears in 2 contracts

Samples: Atm Equity Offering Sales Agreement (Acadia Realty Trust), Atm Equity Offering Sales Agreement (Acadia Realty Trust)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate 300 basis points per annum (each, a “Stock Borrow Event”);

Appears in 2 contracts

Samples: Confirmation of Transaction (Healthpeak Properties, Inc.), Registered Forward Transaction (Hcp, Inc.)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliateAffiliate) is unable to hedge Party A’s exposure to the such Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliateAffiliate) would incur a Stock Loan Fee an actual cost to borrow a number of Shares equal to the Base Amount for such Transaction of more than a weighted average rate of equal to the Maximum Stock Loan Specified Borrow Rate for such Transaction (each, a “Stock Borrow Event”);

Appears in 2 contracts

Samples: Master Forward Confirmation (Corporate Office Properties Trust), Master Forward Confirmation (Corporate Office Properties Trust)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s 's exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) it is otherwise commercially impracticable or (ii) Party A (or its affiliate) would incur a Stock Loan Fee cost to borrow Shares to hedge its exposure to the Transaction that is greater than a number of Shares rate equal to the Base Amount 150 basis points per annum (each of more than (i) and (ii) a weighted average rate of the Maximum Stock Loan Rate (each, a “"Stock Borrow Event");

Appears in 2 contracts

Samples: Confirmation (Medical Properties Trust Inc), Confirmation (Medical Properties Trust Inc)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) it is otherwise commercially impracticable or (ii) Party A (or its affiliate) would incur a Stock Loan Fee cost to borrow Shares to hedge its exposure to the Transaction that is greater than a number of Shares rate equal to the Base Amount 100 basis points per annum (each of more than a weighted average rate of the Maximum Stock Loan Rate (each, i) and (ii) a “Stock Borrow Event”);

Appears in 2 contracts

Samples: Confirmation (Nationwide Health Properties Inc), Confirmation (Nationwide Health Properties Inc)

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Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) A, Party A (or its affiliate) (i) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [•]6 basis points per annum (each, a “Stock Borrow Event”);; 6 Insert maximum Stock Loan Fee agreed upon in the Forward Instruction Notice.

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (Pebblebrook Hotel Trust)

Stock Borrow Events. In the Party A determines in its good faith, faith and commercially reasonable judgment of Party A (i) Party A that it (or its affiliate) (i) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [200] basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Registered Forward Transaction Confirmation (National Health Investors Inc)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [•]9 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Distribution Agreement (Invitation Homes Inc.)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [ ]5 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: At the Market Equity Offering Sales Agreement (Omega Healthcare Investors Inc)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [·] basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Registered Forward Confirmation (VICI Properties L.P.)

Stock Borrow Events. In the good faith, faith and commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable unable, after using commercially reasonable efforts, to hedge Party A’s its exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [*]6 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (Acadia Realty Trust)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate 300 basis points per annum (each, a “Stock Borrow Event”);; (b)

Appears in 1 contract

Samples: Registered Forward Transaction (Performance Food Group Co)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Confirmation of Registered Forward Transaction (Ventas, Inc.)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [•]8 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (Tanger Properties LTD Partnership /Nc/)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [●]8 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Distribution Agreement (Plymouth Industrial REIT, Inc.)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (iiB) it is otherwise commercially impracticable because Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more greater than a weighted average rate of the Maximum Stock Loan Rate 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Underwriting Agreement (Allete Inc)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A A, (iA) Party A (or its affiliatean Affiliate of Party A) is unable to hedge Party A’s exposure to the this Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (iiB) Party A (or its affiliatean Affiliate of Party A) would incur a Stock Loan Fee to borrow hedge its exposure to this Transaction that is greater than a number of Shares rate equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Confirmation (Nextera Energy Inc)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate equal to [200] basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Equity Underwriting Agreement (ONE Gas, Inc.)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) A, Party A (or its affiliate) (i) is unable to hedge Party A’s exposure to the Transaction in a commercially reasonable manner because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [•]6 basis points per annum (each, a “Stock Borrow Event”);; 6 Insert maximum Stock Loan Fee specified by Party B in the Forward Instruction Notice.

Appears in 1 contract

Samples: Registered Forward Confirmation (Armada Hoffler Properties, Inc.)

Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow a number of Shares equal to the Base Amount of more than a weighted average rate of the Maximum Stock Loan Rate [·](6) basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: At the Market Equity Offering Sales Agreement (Hcp, Inc.)

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