Common use of Additional Disruption Events Clause in Contracts

Additional Disruption Events. Change in Law: Applicable; provided that Section 12.9(a)(ii) of the Equity Definitions is hereby amended by (i) replacing the phrase “the interpretation” in the third line thereof with the phrase “, or public announcement of the formal interpretation”; and (ii) replacing the word “Shares” where it appears in clause (X) with the words “Hedge Position.” Failure to Deliver: Applicable if Dealer is required to deliver Shares hereunder; otherwise, Not Applicable. Hedging Disruption: Not applicable. Increased Cost of Hedging: Not applicable. Increased Cost of Stock Borrow: Applicable; provided that clause (C) of Section 12.9(b)(v) of the Equity Definitions and the third, fourth and fifth sentences therein shall be deleted. Initial Stock Loan Rate: 50 basis points per annum. Loss of Stock Borrow: Applicable. Maximum Stock Loan Rate: 300 basis points per annum. Hedging Party: For all applicable Additional Disruption Events, Dealer.

Appears in 2 contracts

Sources: Issuer Forward Transaction (Duke Energy CORP), Issuer Forward Transaction (Duke Energy CORP)

Additional Disruption Events. Change in Law: ApplicableApplicable as set forth in Section 8 below; provided that Section 12.9(a)(ii) of the Equity Definitions is hereby amended by (i) replacing the phrase “the interpretation” in the third line thereof with the phrase “, or public announcement of the formal interpretation”; and (ii) replacing the word “Shares” where it appears in clause (X) with the words “Hedge Position.” ”. Failure to Deliver: Applicable if Dealer is required to deliver Shares hereunder; otherwise, Not Applicable. Hedging Disruption: Not applicableApplicable. Increased Cost of Hedging: Not applicableApplicable. Increased Cost of Stock Borrow: Applicable; provided that clause (C) of Section 12.9(b)(v) of the Equity Definitions and the third, fourth and fifth sentences therein shall be deleted. Initial Stock Loan Rate: 50 [●] basis points per annum. Loss of Stock Borrow: Applicable. Maximum Stock Loan Rate: 300 [●] basis points per annum. Hedging Party: For all applicable Additional Disruption Events, Dealer.

Appears in 1 contract

Sources: Equity Distribution Agreement (CubeSmart, L.P.)

Additional Disruption Events. Change in Law: Applicable; provided that Section 12.9(a)(ii) of the Equity Definitions is hereby amended by (i) replacing the phrase “the interpretation” in the third line thereof with the phrase “, or public announcement of the formal interpretation”; and (ii) replacing the word “Shares” where it appears in clause (X) with the words “Hedge Position.” Failure to Deliver: Applicable if Dealer is required to deliver Shares hereunder; otherwise, Not Applicable. Hedging Disruption: Not applicable. Increased Cost of Hedging: Not applicable. Increased Cost of Stock Borrow: Applicable; provided that clause (C) of Section 12.9(b)(v) of the Equity Definitions and the third, fourth and fifth sentences therein shall be deleted. Initial Stock Loan Rate: 50 [·] basis points per annum. Loss of Stock Borrow: Applicable. Maximum Stock Loan Rate: 300 [·] basis points per annum. Hedging Party: For all applicable Additional Disruption Events, Dealer.

Appears in 1 contract

Sources: Issuer Forward Transaction (Duke Energy CORP)

Additional Disruption Events. Change in Law: Applicable; provided that Section 12.9(a)(ii) of the Equity Definitions is hereby amended by (i) replacing the phrase “the interpretation” in the third line thereof with the phrase “, or public announcement of the formal interpretation”; and (ii) replacing the word “Shares” where it appears in clause (X) with the words “Hedge Position.” Failure to Deliver: Applicable if Dealer is required to deliver Shares hereunder; otherwise, Not Applicable. Hedging Disruption: Not applicable. Increased Cost of Hedging: Not applicable. Increased Cost of Stock Borrow: Applicable; provided that clause (C) of Section 12.9(b)(v) of the Equity Definitions and the third, fourth and fifth sentences therein shall be deleted. Initial Stock Loan Rate: 50 [·] basis points per annum. Loss of Stock Borrow: Applicable. Maximum Stock Loan Rate: 300 [·] basis points per annum. Hedging Party: For all applicable Additional Disruption Events, Dealer.

Appears in 1 contract

Sources: Issuer Forward Transaction (Duke Energy CORP)

Additional Disruption Events. Change in Law: Applicable; provided that Section 12.9(a)(ii) of the Equity Definitions is hereby amended by (i) replacing the phrase “the interpretation” in the third line thereof with the phrase “, or public announcement of the formal interpretation”; and (ii) replacing the word “Shares” where it appears in clause (X) with the words “Hedge Position.” Failure to Deliver: Applicable if Dealer is required to deliver Shares hereunder; otherwise, Not Applicable. Hedging Disruption: Not applicable. Increased Cost of Hedging: Not applicable. Increased Cost of Stock Borrow: Applicable; provided that clause (C) of Section 12.9(b)(v) of the Equity Definitions and the third, fourth and fifth sentences therein shall be deleted. Initial Stock Loan Rate: 50 basis points per annum. Loss of Stock Borrow: Applicable. Maximum Stock Loan Rate: 300 basis points per annum. Hedging Party: For all applicable Additional Disruption Events, Dealer.

Appears in 1 contract

Sources: Issuer Forward Transaction (Duke Energy CORP)