Common use of Use of Shares Clause in Contracts

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer in connection with its hedging activities related to exposure under the Transactions or otherwise in compliance with applicable law.

Appears in 11 contracts

Sources: Equity Distribution Agreement (Welltower Inc.), Sales Agency Financing Agreement (Eastgroup Properties Inc), Master Confirmation (Avalonbay Communities Inc)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer (or its agents or affiliates, as applicable) shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer (or its agents or affiliates, as applicable) in connection with its hedging activities related to exposure under the Transactions applicable Transaction or in a manner that Dealer otherwise believes in good faith and based on the advice of counsel to be in compliance with applicable securities law.

Appears in 10 contracts

Sources: Equity Distribution Agreement (Centerspace), Equity Distribution Agreement (Broadstone Net Lease, Inc.), At Market Issuance Sales Agreement (Physicians Realty Trust)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer (or an affiliate thereof) in connection with its hedging activities related to exposure under the Transactions or otherwise in compliance with applicable law.

Appears in 5 contracts

Sources: Equity Distribution Agreement (Black Hills Corp /Sd/), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Sales Agreement (Ameren Corp)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer shall use any Shares delivered by Counterparty to Dealer on any Relevant Settlement Date with respect to any Transaction to return to securities lenders to close out borrowings created by Dealer (or its agents or affiliates, as applicable) in connection with its hedging activities related to exposure under the Transactions such Transaction in a manner that Dealer or otherwise believes in good faith to be in compliance with applicable securities law.

Appears in 4 contracts

Sources: At the Market Issuance Sales Agreement (American Homes 4 Rent), Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer (or its agents or affiliates, as applicable) shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer (or its agents or affiliates, as applicable) in connection with its hedging activities related to exposure under the Transactions Transaction or in a manner that Dealer otherwise believes in good faith and based on the advice of counsel to be in compliance with applicable securities law.

Appears in 4 contracts

Sources: Confirmation Agreement (Independence Realty Trust, Inc.), Confirmation Agreement (Independence Realty Trust, Inc.), Confirmation Agreement (Independence Realty Trust, Inc.)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer shall use any Shares delivered by Counterparty to Dealer on any Relevant Settlement Date to return to securities lenders to close out borrowings created by Dealer or an affiliate of Dealer in connection with its Dealer’s (or such affiliate’s) hedging activities related to exposure under the Transactions or otherwise in compliance with applicable law.

Appears in 3 contracts

Sources: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer or an affiliate of Dealer in connection with its Dealer’s (or such affiliate’s) hedging activities related to exposure under the Transactions or otherwise in compliance with applicable law.

Appears in 3 contracts

Sources: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (RLJ Lodging Trust)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer shall use any Shares delivered by Counterparty to Dealer on any Settlement Date with respect to any Transaction to return to securities lenders to close out borrowings created by Dealer in connection with its hedging activities related to exposure under the Transactions such Transaction or otherwise in compliance with applicable law.

Appears in 2 contracts

Sources: Equity Distribution Agreement (First Industrial Lp), Equity Distribution Agreement (First Industrial Lp)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer (or its agents or affiliates, as applicable) shall use any Shares delivered by Counterparty CONE to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer (or its agents or affiliates, as applicable) in connection with its hedging activities related to exposure under the Transactions or otherwise in compliance with applicable lawthis Transaction.

Appears in 2 contracts

Sources: Sales Agreement (CyrusOne Inc.), Sales Agreement (CyrusOne Inc.)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer (or its agents or affiliates, as applicable) shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer (or its agents or affiliates, as applicable) in connection with its hedging activities related to exposure under the Transactions applicable Transaction or in a manner that Dealer otherwise believes in good faith and based on the advice of counsel to be in compliance with applicable securities law. 5 To be agreed with the relevant Manager.

Appears in 1 contract

Sources: Equity Distribution Agreement (Independence Realty Trust, Inc.)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer (or its agents or affiliates, as applicable) shall use any Shares delivered by Counterparty Essential to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer (or its agents or affiliates, as applicable) in connection with its hedging activities related to exposure under the Transactions or otherwise in compliance with applicable lawthis Transaction.

Appears in 1 contract

Sources: Sales Agreement (Essential Utilities, Inc.)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer (or its agents or affiliates, as applicable) shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer (or its agents or affiliates, as applicable) in connection with its hedging activities related to exposure under the Transactions or otherwise in compliance with applicable lawthis Transaction.

Appears in 1 contract

Sources: Sales Agreement (CyrusOne Inc.)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer (or its agents or affiliates, as applicable) shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer (or its agents or affiliates, as applicable) in connection with its hedging activities related to exposure under the Transactions applicable Transaction or otherwise in compliance with applicable law.a manner that Dealer

Appears in 1 contract

Sources: Equity Distribution Agreement (Centerspace)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer (or its agents or affiliates, as applicable) shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer (or its agents or affiliates, as applicable) in connection with its hedging activities related to exposure under the Transactions applicable Transaction or in a manner that Dealer 766089616.3 otherwise believes in good faith and based on the advice of counsel to be in compliance with applicable securities law.

Appears in 1 contract

Sources: Equity Distribution Agreement (Centerspace)

Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer (or its agents or affiliates, as applicable) shall use any Shares delivered by Counterparty Company to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer (or its agents or affiliates, as applicable) in connection with its hedging activities related to exposure under the Transactions or otherwise in compliance with applicable lawthis Transaction.

Appears in 1 contract

Sources: Registered Forward Confirmation (Essential Utilities, Inc.)