Commodity Exchange Act. Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.
Appears in 120 contracts
Samples: Distribution Agreement (PNM Resources Inc), Equity Distribution Agreement (Federal Realty OP LP), Sales Agreement (Phillips Edison & Company, Inc.)
Commodity Exchange Act. Each of Dealer Party A and Counterparty Party B agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this the Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.
Appears in 62 contracts
Samples: Equity Offeringsm Sales Agreement (Tanger Properties LTD Partnership /Nc/), Equity Offering Sales Agreement (Americold Realty Trust), Distribution Agency Agreement (Camden Property Trust)
Commodity Exchange Act. Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this the Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.
Appears in 58 contracts
Samples: Forward Confirmation (Umb Financial Corp), Equity Distribution Agreement (Extra Space Storage LP), Sales Agreement (Kilroy Realty, L.P.)
Commodity Exchange Act. Each of Dealer Forward Purchaser and Counterparty the Company agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this the Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.
Appears in 4 contracts
Samples: Terms Agreement (Sabra Health Care REIT, Inc.), Terms Agreement (NETSTREIT Corp.), Terms Agreement (Sabra Health Care REIT, Inc.)
Commodity Exchange Act. Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), and the Agreement and this each Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.
Appears in 3 contracts
Samples: Affiliated Managers Group, Inc., Letter Agreement (Affiliated Managers Group, Inc.), Affiliated Managers Group, Inc.
Commodity Exchange Act. Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this each Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.
Appears in 2 contracts
Samples: Equity Distribution Agreement (DUKE REALTY LTD PARTNERSHIP/), DUKE REALTY LTD PARTNERSHIP/
Commodity Exchange Act. Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.. (r)
Appears in 2 contracts
Samples: Sun Communities Inc, Sun Communities Inc
Commodity Exchange Act. Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” (as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”)), the Agreement and this Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” (as defined in Section 1a(51) of the CEA).
Appears in 1 contract
Commodity Exchange Act. Each of Dealer Forward Purchaser and Counterparty the Company agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this the Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.. (i)
Appears in 1 contract
Commodity Exchange Act. Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), and the Agreement and this each Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.
Appears in 1 contract
Samples: Equity Offeringsm Sales Agreement (Lithia Motors Inc)
Commodity Exchange Act. Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this each Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.
Appears in 1 contract
Samples: Affiliated Managers Group Inc
Commodity Exchange Act. Each of Dealer MSCO and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.
Appears in 1 contract
Samples: XPO Logistics, Inc.
Commodity Exchange Act. Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), and the Agreement and this the Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.
Appears in 1 contract
Samples: Terms Agreement (Universal Health Realty Income Trust)
Commodity Exchange Act. Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), and the Agreement and this the Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.
Appears in 1 contract
Samples: Underwriting Agreement (Affiliated Managers Group, Inc.)
