Examples of Forward Purchaser in a sentence
In addition, if we enter into a confirmation with any Forward Purchaser, the relevant Forward Seller will use commercially reasonable efforts, consistent with its normal trading and sales practices and applicable laws and regulations, to sell shares of our common stock borrowed from third parties to hedge such Forward Purchaser’s exposure under such confirmation.
Each of the Company, the Operating Partnership, each Agent and each Forward Purchaser hereby irrevocably waives any right it may have to a trial by jury in respect of any claim based upon or arising out of this Agreement, any Confirmation, any Terms Agreement or any transaction contemplated hereby or thereby.
No party may assign its rights or obligations under this Agreement without the prior written consent of the other parties; provided, however, that each Agent and each Forward Purchaser may assign its rights and obligations hereunder to an affiliate of such Agent or Forward Purchaser without obtaining the Company’s or any other Agent’s or Forward Purchaser’s consent.
Notwithstanding the provisions of this Section 11, an Agent or Forward Purchaser shall not be required to contribute any amount in excess of the compensation received by it in connection with (i) a sale of Shares to the public through a Placement and (ii) any applicable Confirmation or Terms Agreement.
Any termination pursuant to this Section 13(a) shall be without liability on the part of (A) the Company or the Operating Partnership to such Agent or Forward Purchaser, except that the Company shall be obligated to reimburse the expenses of such Agent pursuant to Section 8 hereof, (B) such Agent or Forward Purchaser to the Company, or (C) any party hereto to any other party except that the provisions of Section 10 and Section 11 shall at all times be effective and shall survive such termination.