Stock Borrow Events. In the good faith and reasonable judgment of Dealer, Dealer (or its affiliate) is unable to hedge Dealer’s exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, (B) Dealer (or its affiliate) would incur a Stock Loan Fee of more than a rate equal to 200 basis points per annum or (C) it is otherwise commercially impracticable (a “Stock Borrow Event”);
Appears in 3 contracts
Samples: Underwriting Agreement (Northwestern Corp), Confirmation (Northwestern Corp), Confirmation (Northwestern Corp)
Stock Borrow Events. In the good faith and reasonable judgment of Dealer, Dealer (or its affiliate) is unable to hedge Dealer’s exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, (B) Dealer (or its affiliate) would incur a Stock Loan Fee of more than a rate equal to 200 [___] basis points per annum or (C) it is otherwise commercially impracticable (a “Stock Borrow Event”);
Appears in 3 contracts
Samples: Equity Distribution Agreement (Northwestern Corp), Confirmation (Northwestern Corp), Confirmation (Edison International)
Stock Borrow Events. In the good faith and commercially reasonable judgment of Dealer, Dealer (i) Dealer (or its affiliate) is unable unable, after using commercially reasonable efforts, to hedge Dealer’s its exposure to the a Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Dealer (or its affiliate) would incur a stock loan rate to borrow the Number of Shares for such Transaction greater than or equal to the Maximum Stock Loan Fee of more than a rate equal to 200 basis points per annum or Rate for such Transaction (C) it is otherwise commercially impracticable (each, a “Stock Borrow Event”);
Appears in 2 contracts
Samples: Master Confirmation (Lexington Realty Trust), Master Confirmation (Lexington Realty Trust)
Stock Borrow Events. In the good faith and commercially reasonable judgment of Dealer, Dealer (i) Dealer (or its affiliate) is unable unable, after using commercially reasonable efforts, to hedge Dealer’s its exposure to the any Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Dealer (or its affiliate) would incur a stock loan rate to borrow the Number of Shares for such Transaction greater than or equal to the Maximum Stock Loan Fee of more than a rate equal to 200 basis points per annum or Rate for such Transaction (C) it is otherwise commercially impracticable (each, a “Stock Borrow Event”);
Appears in 1 contract
