Use of Shares. Party A acknowledges and agrees that, except in the case of a Private Placement Settlement, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date with respect to any Transaction to return to securities lenders to close out borrowings created by Party A in connection with its hedging activities related to exposure under such Transaction or otherwise in compliance with applicable law.
Appears in 4 contracts
Sources: Equity Distribution Agreement (Brixmor Operating Partnership LP), Equity Distribution Agreement (Apartment Income REIT Corp.), Open Market Sale Agreement (Opthea LTD)
Use of Shares. Party A acknowledges and agrees that, except in the case of a Private Placement Settlement, Party A shall use any Shares delivered by Party B to Party A on any Settlement Date with respect to any Transaction to return to securities lenders to close out borrowings created by Party A in connection with its hedging activities related to exposure under such this Transaction or otherwise in compliance with applicable law.
Appears in 2 contracts
Sources: Issuer Share Forward Sale Transaction (Cedar Realty Trust, Inc.), Additional Issuer Share Forward Sale Transaction (Cedar Realty Trust, Inc.)