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) Party A (or an Affiliate of Party A) would incur a Stock Loan Fee to hedge its exposure to the Transaction that is greater than a rate of 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 27 contracts
Sources: Confirmation (American Water Works Company, Inc.), Confirmation (American Water Works Company, Inc.), Confirmation (American Water Works Company, Inc.)
Stock Borrow Events. In the Party A’s 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 (Ai) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party A) would incur a Stock Loan Fee to hedge its exposure to the Transaction that is greater than a rate of equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 22 contracts
Sources: Confirmation (Xcel Energy Inc), Confirmation (Xcel Energy Inc), Confirmation (Xcel Energy Inc)
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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a weighted average rate of 200 basis points per annum the Maximum Stock Loan Rate (each, a “Stock Borrow Event”);
Appears in 19 contracts
Sources: Confirmation of Transaction (VICI Properties L.P.), Confirmation of Transaction (VICI Properties L.P.), Registered Forward Transaction Confirmation (VICI Properties L.P.)
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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 10 contracts
Sources: Equity Underwriting Agreement (ONE Gas, Inc.), Forward Confirmation (ONE Gas, Inc.), Forward Confirmation (Pinnacle West Capital 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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 [•]15 basis points per annum (each, a “Stock Borrow Event”);
Appears in 9 contracts
Sources: 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 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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a weighted average rate of 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 8 contracts
Sources: Confirmation (Americold Realty Trust), Confirmation of Transaction (Americold Realty Trust), Confirmation of Transaction (Americold Realty Trust)
Stock Borrow Events. In the good faith faith, commercially reasonable judgment of Party A the Calculation Agent (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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 7 contracts
Sources: Confirmation (Centerpoint Energy Inc), Confirmation (Centerpoint Energy Inc), Confirmation (Centerpoint Energy Inc)
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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 [●]15 basis points per annum (each, a “Stock Borrow Event”);
Appears in 6 contracts
Sources: 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 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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Base Amount for such Transaction that is greater of more than a rate of 200 basis points per annum equal to the Maximum Specified Borrow Rate for such Transaction (each, a “Stock Borrow Event”);
Appears in 6 contracts
Sources: Equity Distribution Agreement (Pinnacle West Capital Corp), Equity Distribution Agreement (Centerpoint Energy Inc), Equity Distribution Agreement (Evergy, Inc.)
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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 basis points per annum equal to the Maximum Specified Borrow Rate (eachas defined below) (each such event, a “Stock Borrow Event”);
Appears in 5 contracts
Sources: Forward Confirmation (Getty Realty Corp /Md/), Forward Confirmation (Getty Realty Corp /Md/), Forward Confirmation (Getty Realty Corp /Md/)
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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a weighted average rate of 200 [•]6 basis points per annum (each, a “Stock Borrow Event”);
Appears in 5 contracts
Sources: Atm Equity Offering Sales Agreement (Americold Realty Trust), Atm Equity Offering Sales Agreement (Americold Realty Trust), Atm Equity Offering Sales Agreement (Americold Realty Trust)
Stock Borrow Events. In the good faith commercially reasonable judgment of Party A 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, lenders or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure to the Transaction that is greater cost of more than a rate of 200 basis points per annum to borrow a number of Shares equal to the Base Amount (each, a “Stock Borrow Event”);
Appears in 4 contracts
Sources: Confirmation Agreement (New Jersey Resources Corp), Confirmation (New Jersey Resources Corp), Confirmation (New Jersey Resources Corp)
Stock Borrow Events. In the Party A determines in its good faith and commercially reasonable judgment of Party A (i) Party A that it (or its Affiliateaffiliate) (i) 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) Party A (or an Affiliate of Party Aii) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a weighted average rate of 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 4 contracts
Sources: Registered Forward Transaction (National Health Investors Inc), Registered Forward Confirmation (National Health Investors Inc), Registered Forward Transaction Confirmation (National Health Investors 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 (B) Party A it is otherwise commercially impracticable (or an Affiliate of Party A) would incur a Stock Loan Fee to hedge its exposure to the Transaction that is greater than a rate of 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 3 contracts
Sources: Confirmation (Vectren Corp), Confirmation (Regency Centers Corp), Confirmation (Regency Centers 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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits Affiliate) would incur an actual cost to borrow a Stock Loan Fee to hedge its exposure number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 equal to 300 basis points per annum (each, a “Stock Borrow Event”);
Appears in 3 contracts
Sources: Confirmation (Corporate Office Properties Trust), Confirmation (Corporate Office Properties Trust), Underwriting Agreement (Corporate Office Properties Trust)
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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) Party A (or an Affiliate affiliate of Party A) would incur a Stock Loan Fee cost to borrow Shares to hedge its exposure to the this Transaction that is greater than a rate of 200 equal to 175 basis points per annum (each, a “Stock Borrow Event”);
Appears in 3 contracts
Sources: Confirmation (Piedmont Natural Gas Co Inc), Confirmation (Piedmont Natural Gas Co Inc), Underwriting Agreement (Piedmont Natural Gas Co Inc)
Stock Borrow Events. In the good faith and commercially reasonable judgment of Party A (i) Party A (or its Affiliateaffiliate) is unable unable, after using commercially reasonable efforts, to hedge Party A’s its exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 basis points per annum (each, a “Stock Borrow Event”);Event”);
Appears in 3 contracts
Sources: Confirmation of Transaction (Acadia Realty Trust), Confirmation of Transaction (Acadia Realty Trust), Confirmation of Registered Forward Transaction (Acadia Realty Trust)
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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) Party A (or an Affiliate affiliate of Party A) would incur a Stock Loan Fee cost to borrow Shares to hedge its exposure to the this Transaction that is greater than a rate of equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 3 contracts
Sources: Confirmation (American Equity Investment Life Holding Co), Confirmation (American Equity Investment Life Holding Co), Underwriting Agreement (Scana Corp)
Stock Borrow Events. In the good faith commercially reasonable sole 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 (B) Party A it is otherwise commercially impracticable (or an Affiliate of Party A) would incur a Stock Loan Fee to hedge its exposure to the Transaction that is greater than a rate of 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 3 contracts
Sources: Confirmation (Regency Centers Corp), Confirmation (Regency Centers Corp), Confirmation (Regency Centers 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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee cost to borrow Shares to hedge its exposure to the Transaction that is greater than a rate of equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 3 contracts
Sources: Confirmation (Black Hills Corp /Sd/), Underwriting Agreement (Black Hills Corp /Sd/), Confirmation (Black Hills Corp /Sd/)
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 an Affiliate of Party A) would incur a Stock Loan Fee cost to borrow Shares to hedge its exposure to the Transaction that is greater than a rate of 200 equal to 150 basis points per annum (each, each of (i) and (ii) a “"Stock Borrow Event”");
Appears in 2 contracts
Sources: Confirmation (Medical Properties Trust Inc), Confirmation (Medical Properties Trust Inc)
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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a weighted average rate of 200 [•] basis points per annum (each, a “Stock Borrow Event”);
Appears in 2 contracts
Sources: Registered Forward Confirmation (VICI Properties L.P.), Registered Forward Transaction Confirmation (Vici Properties Inc.)
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 such Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Base Amount for such Transaction that is greater of more than a rate of 200 basis points per annum equal to the Maximum Specified Borrow Rate (eachas defined below) for such Transaction (each such event, a “Stock Borrow Event”);
Appears in 2 contracts
Sources: Master Forward Confirmation (Alexander & Baldwin, Inc.), Master Forward Confirmation (Getty Realty Corp /Md/)
Stock Borrow Events. In the good faith commercially reasonable sole 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 (B) Party A (or an Affiliate of Party A) would incur a Stock Loan Fee to hedge its exposure to the Transaction that is greater than a rate of equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 2 contracts
Sources: Confirmation (American Water Works Company, Inc.), Confirmation (American Water Works Company, Inc.)
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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 300 basis points per annum (each, a “Stock Borrow Event”);
Appears in 2 contracts
Sources: Confirmation of Transaction (Healthpeak Properties, Inc.), Registered Forward Transaction (Hcp, 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 such Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits Affiliate) would incur an actual cost to borrow a Stock Loan Fee to hedge its exposure number of Shares equal to the Base Amount for such Transaction that is greater of more than a rate of 200 basis points per annum equal to the Maximum Specified Borrow Rate for such Transaction (each, a “Stock Borrow Event”);
Appears in 2 contracts
Sources: Master Forward Confirmation (Corporate Office Properties Trust), Master Forward Confirmation (Corporate Office Properties Trust)
Stock Borrow Events. In the good faith and commercially reasonable judgment of Party A (i) Party A (or its Affiliateaffiliate) is unable unable, after using commercially reasonable efforts, to hedge Party A’s its exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 basis [*]7basis points per annum (each, a “Stock Borrow Event”);
Appears in 2 contracts
Sources: Atm Equity Offering Sales Agreement (Acadia Realty Trust), Atm Equity Offering Sales Agreement (Acadia Realty Trust)
Stock Borrow Events. In the Party A’s good faith 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 exposure to the Transaction because (Ai) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party A) would incur a Stock Loan Fee to hedge its exposure to the Transaction that is greater than a rate of equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 2 contracts
Sources: Base Registered Forward Transaction (American Electric Power Co Inc), Base Registered Forward Transaction (American Electric Power Co 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 an Affiliate of Party A) would incur a Stock Loan Fee cost to borrow Shares to hedge its exposure to the Transaction that is greater than a rate of 200 equal to 100 basis points per annum (each, each of (i) and (ii) a “Stock Borrow Event”);
Appears in 2 contracts
Sources: Confirmation (Nationwide Health Properties Inc), Confirmation (Nationwide Health Properties Inc)
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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 equal to [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 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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 300 basis points per annum (each, a “Stock Borrow Event”);; (b)
Appears in 1 contract
Sources: Registered Forward Transaction (Performance Food Group Co)
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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 [•]8 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: Atm Equity Offering 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 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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 [●]8 basis points per annum (each, a “Stock Borrow Event”);; (b)
Appears in 1 contract
Sources: Atm Equity Offering Sales Agreement (Tanger Properties LTD Partnership /Nc/)
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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or lenders (B) Party A (or an Affiliate of Party A) would incur a Stock Loan Fee to hedge its exposure to the Transaction that is greater than a rate of 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: Confirmation (WPS Resources 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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: Confirmation of Registered Forward Transaction (Ventas, Inc.)
Stock Borrow Events. In the good faith and commercially reasonable judgment of Party A (i) Party A (or its Affiliateaffiliate) is unable unable, after using commercially reasonable efforts, to hedge Party A’s its exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 [*]11 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: Atm Equity Offering Sales Agreement (Gaming & Leisure Properties, Inc.)
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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 [ ]5 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: At the Market Equity Offering Sales Agreement (Omega Healthcare Investors Inc)
Stock Borrow Events. In the good faith faith, commercially reasonable judgment of Party A (i) A, Party A (or its Affiliateaffiliate) (i) 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) Party A (or an Affiliate of Party Aii) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a weighted average rate of 200 [•]6 basis points per annum (each, a “Stock Borrow Event”);; 6 Insert maximum Stock Loan Fee agreed upon in the Forward Instruction Notice.
Appears in 1 contract
Sources: Atm Equity Offering Sales Agreement (Pebblebrook Hotel Trust)
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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) Party A (or an Affiliate of Party A) would incur a Stock Loan Fee to hedge its exposure to the this Transaction that is greater than a rate of equal to 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: Confirmation (Nextera Energy Inc)
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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) it is otherwise commercially impracticable because Party A (or an Affiliate of Party A) would incur a Stock Loan Fee to hedge its exposure to the Transaction that is of greater than a rate of 200 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: Underwriting Agreement (Allete Inc)
Stock Borrow Events. In the good faith and commercially reasonable judgment of Party A (i) Party A (or its Affiliateaffiliate) is unable unable, after using commercially reasonable efforts, to hedge Party A’s its exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 [*]6 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: Atm Equity Offering Sales Agreement (Acadia Realty Trust)
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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 [•]9 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Stock Borrow Events. In the good faith faith, commercially reasonable judgment of Party A (i) A, Party A (or its Affiliateaffiliate) (i) is unable to hedge Party A’s exposure to the Transaction in a commercially reasonable manner because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) Party A (or an Affiliate of Party Aii) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a weighted average rate of 200 [•]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
Sources: Registered Forward Confirmation (Armada Hoffler Properties, Inc.)
Stock Borrow Events. In the good faith and commercially reasonable judgment of Party A (i) Party A (or its Affiliateaffiliate) is unable unable, after using commercially reasonable efforts, to hedge Party A’s its exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 [*]8 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: Atm Equity Offering Sales Agreement (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 Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 [·](6) basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: At the Market Equity Offering Sales Agreement (Hcp, Inc.)
Stock Borrow Events. In the Party A determines in its good faith and commercially reasonable judgment of Party A (i) Party A that it (or its Affiliateaffiliate) (i) 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) Party A (or an Affiliate of Party Aii) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a weighted average rate of 200 [200] basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: Registered Forward Transaction Confirmation (National Health Investors Inc)
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 (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a rate of 200 [●]8 basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: Distribution Agreement (Plymouth Industrial REIT, Inc.)
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 (Bii) Party A (or an Affiliate of Party Aits affiliate) would incur a Stock Loan Fee to hedge its exposure borrow a number of Shares equal to the Transaction that is greater Base Amount of more than a weighted average rate of 200 [·] basis points per annum (each, a “Stock Borrow Event”);
Appears in 1 contract
Sources: Registered Forward Confirmation (VICI Properties L.P.)