Stock Borrow Events. In the 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 (B) it is otherwise commercially impracticable (a “Stock Borrow Event”);
Appears in 3 contracts
Samples: Confirmation (Regency Centers Corp), Confirmation (Regency Centers Corp), Confirmation (Regency Centers Corp)
Stock Borrow Events. In the 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 (B) it is otherwise commercially impracticable (a “Stock Borrow Event”);
Appears in 3 contracts
Samples: Confirmation (Vectren Corp), Confirmation (Regency Centers Corp), Confirmation (Regency Centers Corp)
Stock Borrow Events. In the 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 (B) it Party A (or an Affiliate of Party A) would incur a Stock Loan Fee to hedge its exposure to the Transaction that is otherwise commercially impracticable greater than a rate equal to 200 basis points per annum (a “Stock Borrow Event”);
Appears in 2 contracts
Samples: Confirmation (American Water Works Company, Inc.), Confirmation (American Water Works Company, Inc.)
Stock Borrow Events. In the sole reasonable judgment of Party A (i) A, 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 lenders (a “Stock Borrow Event”);
Appears in 1 contract
Samples: Confirmation (WPS Resources Corp)
