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: Letter Agreement (VICI Properties L.P.), Letter Agreement (VICI Properties L.P.), Letter Agreement (VICI Properties L.P.)
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: Letter Agreement (Xcel Energy Inc), Letter Agreement (Xcel Energy Inc), Letter Agreement (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: Letter Agreement (Americold Realty Trust), Letter Agreement (Americold Realty Trust), Letter Agreement (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: Pinnacle West Capital Corp, Pinnacle West Capital Corp, 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 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: Getty Realty Corp /Md/, Getty Realty Corp /Md/, 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: Equity Offering Sales Agreement (Americold Realty Trust), Equity Offering Sales Agreement (Americold Realty Trust), Equity Offering Sales Agreement (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 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, After using commercially reasonable judgment of Party A efforts (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 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 4 contracts
Samples: Letter Agreement (Thermo Fisher Scientific Inc.), Letter Agreement (Thermo Fisher Scientific Inc.), Thermo Fisher Scientific Inc.
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: Letter Agreement (National Health Investors Inc), Letter Agreement (National Health Investors Inc), Letter Agreement (National Health Investors Inc)
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: Letter Agreement (New Jersey Resources Corp), Letter Agreement (New Jersey Resources Corp), New Jersey Resources Corp
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: Registration Rights Agreement (Corporate Office Properties Trust), Corporate Office Properties Trust, 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 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: Letter Agreement (Black Hills Corp /Sd/), Letter Agreement (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/)
Stock Borrow Events. In the good faith, commercially reasonable sole 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 it is otherwise commercially impracticable (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 3 contracts
Samples: Letter Agreement (Regency Centers Corp), Vectren Corp, Regency Centers 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: Acadia Realty Trust, Acadia Realty Trust, Acadia Realty Trust
Stock Borrow Events. In the good faith, commercially reasonable sole 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 it is otherwise commercially impracticable (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 3 contracts
Samples: Regency Centers Corp, Regency Centers Corp, Regency Centers Corp
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: Letter Agreement (Entergy Corp /De/), Letter Agreement (Entergy Corp /De/), Ameren Corp
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: Piedmont Natural Gas Co Inc, Piedmont Natural Gas Co Inc, Piedmont Natural Gas Co 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 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: American Equity Investment Life Holding Co, American Equity Investment Life Holding Co, Common Stock (Scana 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 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
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: Medical Properties Trust Inc, 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 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: Healthpeak Properties, Inc., Hcp, Inc.
Stock Borrow Events. In the good faith, its commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction (a “Stock Borrow Event”) because (i) 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 to borrow a number of Shares equal to the Base Amount stock loan cost of more than a weighted average rate of 200 basis points per annum (the Maximum Stock Loan Rate (each, a “Stock Borrow EventCost Threshold”);
Appears in 2 contracts
Samples: Letter Agreement (Hawaiian Electric Industries Inc), Letter Agreement (Hawaiian Electric Industries 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: Terms Agreement (Acadia Realty Trust), Acadia Realty Trust (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 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: Letter Agreement (Corporate Office Properties Trust), Letter Agreement (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 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: Letter Agreement (VICI Properties L.P.), Letter Agreement (Vici Properties Inc.)
Stock Borrow Events. In the good faith, commercially reasonable sole 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 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 2 contracts
Samples: Letter Agreement (American Water Works Company, Inc.), American Water Works Company, 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: Nationwide Health Properties Inc, Nationwide Health Properties 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: 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: 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 (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 (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 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
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
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
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. EXHIBIT B-16
Appears in 1 contract
Samples: Equity Offering Sales Agreement (Pebblebrook Hotel Trust)
Stock Borrow Events. In the good faith, commercially reasonable judgment of Party A (i) A, 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 lenders (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 1 contract
Samples: WPS Resources 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 [•]8 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Samples: Equity Offeringsm 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 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Samples: Ventas, 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: Armada Hoffler Properties, Inc.
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
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: VICI Properties L.P.
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
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: Terms Agreement (Hcp, Inc.)
